Journal of the Senate of the State of Georgia regular session, commenced at Atlanta, Georgia, Monday, January 9, 1978 and adjourned Tuesday, March 7, 1978, volume II

Compiler's Note
The Journal of the Senate regular session of 1978 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 9, 1978 through February 27, 1978. Volume II contains February 28, 1978 through March 7, 1978 and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 9, 1978 and adjourned Tuesday, March 7, 1978
VOLUME II
1978 Atlanta, Georgia

OFFICERS
OF THE
STATE SENATE
1978
ZELL MILLER -_. .._.______-__..__.__ President (Lieutenant Governor)
TOWNS COUNTY
AL HOLLOWAY _________________President Pro Tempore
DOUGHERTY COUNTY
HAMILTON McWHORTER, JR.__-_.___-_._._.._____.Secretary of the Senate
OGLETHORPE COUNTY
WALT BELLAMY _-_.._.__..._....__.._._.._.._.__-_..-_.._..__-._Doorkeeper
FULTON COUNTY
WINSTON PITTMAN _________________Messenger
HALL COUNTY
STAFF OF SECRETARY OF SENATE ALICE E. HOGE----._-_-_-_-_.-__-..-_._..-_-..-.-Assistant Secretary
FULTON COUNTY
SARALYN FOSTER _________________0alendar Clerk
DeKALB COUNTY
SHIRLEY SHELNUTT ______________ Journal Clerk
ROCKDALE COUNTY
PAUL THOMASON----..- .___-_.__-..-..Assistant to Secretary
COBB COUNTY
AGNES DOSTER _.._._.._______________Enrolliiig Clerk
GWINNETT COUNTY
CLARA BASKIN________________Bill Status Clerk
FULTON COUNTY

1764

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Tuesday, February 28, 1978

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.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the Senate:

SB 548. By Senator Carter of the 14th:
A bill to amend an Act providing the outside width of buses used by urban transit systems for the purpose of transporting passengers, so as to authorize the inclusion of modular homes and sectional houses in the law which permits the load width of a vehicle transporting a mobile home to extend up to and include 168 inches.

The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate:
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 guidelines to be used in determining the fair market value of property for taxation purposes.
SB 433. By Senators Johnson of the 34th, Greene of the 26th, Shapard of the 28th and others:
A bill to amend Code Chapter 26-18, relating to crimes of theft, as amended, so as to change the definition of the crime of theft by taking; to define the crime of theft by shoplifting; to provide penalties; to define a certain term; to provide that certain evidence shall be prima facie evidence of value and ownership; to provide for clarification of sentences.
SB 437. By Senators Starr of the 44th, Doss of the 52nd and Sutton of the 9th:
A bill to amend Code Chapter 84-14, relating to real estate brokers and

TUESDAY, FEBRUARY 28, 1978

1766

salesmen, as amended, so as to provide for the inactive status of the license of the Real Estate Commissioner and all other employees of the Commission; to provide for additional grounds for revocation, of real state licenses.

SB 449. By Senators Lester of the 23rd, Shapard of the 28th and Duncan of the 30th:
A bill to amend Code Title 88, known as the Georgia Health Code, as amended, so as to provide a new Chapter 88-5, relating to hospitalization and treatment procedures for the mentally ill; to provide for definitions; to provide for the rights of patients.

SB 451. By Senators Lester of the 23rd, Shapard of the 28th and Duncan of the 30th:
A bill to amend Code Title 88, known as the Georgia Health Code, as amended, so as to provide a new Chapter 88-4, relating to hospitalization and treatment procedures for alcoholics, drug dependent individuals, and drug abusers; to provide for definitions; to provide for the rights of patients.
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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 attorney for said circuit.

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

SB 398. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend the Georgia Peace Officer Standards and Training Act, as amended, so as to provide that the terms "peace officer" and "law enforcement unit" shall not include any personnel employed by the State or any agency thereof other than certain employees of the Department of Public Safety and the Georgia Bureau of Investigation.

SB 413. By Senator Reynolds of the 48th:
A bill to amend an Act providing for the use of radar speed detection devices by counties and municipalities, as amended, so as to change the circumstances under which a case may be made based upon use of a speed detection device.

1766

JOURNAL OF THE SENATE,

SB 486. By Senators Stumbaugh of the 55th, Broun of the 46th, Holloway of the 12th and others:
A bill to amend Code Chapter 88-12, relating to control of preventable diseases, as amended, so as to provide for the responsibilities of the Department of Human Resources relating to the prevention of mental retardation resulting from inherited metabolic disorders; to provide for the development of a Statewide network of medical genetics.

SB 553. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend an Act providing for sick leave of teachers in the public schools of this State, as amended, so as to provide clarification of the process to transfer accumulated sick and personal leave of a teacher changing employment from one local board of education to another local board of education in Georgia.

The House has passed, by substitute, by the requisite constitutional majority the following bill 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 House has adopted by the requisite constitutional majority the following resolutions' of the Senate:
SR 316. By Senator Brown of the 47th: A resolution authorizing and empowering the State Properties Commission to act for and on behalf of and in the name of the State of Georgia with respect to the grant of an easement in and to, and with respect to certain acts and transactions involving, certain State-owned real property facing Peachtree Street, International Boulevard (formerly known as Cain Street) and Spring Street in the City of Atlanta, Fulton County, Georgia; providing for an effective date.
SR 257. By Senators McGill of the 24th, English of the 21st, Walker of the 19th and others: A resolution changing the scheduled termination date of the State Board of Registration for Professional Soil Classifiers.

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

TUESDAY, FEBRUARY 28, 1978

1767

SB 403. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend an Act known as "The Georgia Public Assistance Act of 1965," as amended, so as to change the provisions relative to the offense of fraud in obtaining public assistance; to provide for severability; to provide for an effective date.

The House has agreed to the Senate substitute to the following bill of the House:

HB 1812. By Representative Money of the 5th:
A bill to provide for the compensation of members of the Board of Education of Chattooga County and the travel expenses thereof.

The House has agreed to the Senate amendment to the following resolution of the House:

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 agreed to the Senate substitutes to the following bills' of the House:

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 824. By Representatives Lambert of the 112th and Mann of the 13th:
A bill to establish standards for the use of explosives in blasting operations; to provide for a short title ("Georgia Blasting Standards Act of 1977"); to define certain terms; to provide for the regulation of the use of explosives by the Safety Fire Commissioner; to require records of blasting operations.

HB 1336. By Representatives Jackson, Whitmire and Wood of the 9th:
A bill to amend Code Title 34A, relating to municipal elections, so as to provide that the names of unopposed candidates need not appear on the general election ballot; to provide for other matters relative to the foregoing.

1768

JOURNAL OP THE SENATE,

HB 1500. By Representatives Colwell of the 4th, Carlisle of the 71st and Lambert of the 112th:
A bill to amend Code Section 40-1902, relating to the duties, power and authority of the Department of Administrative Services so as to authorize the Commissioner of the Department of Administrative Services to establish and operate a State agency for surplus property for the purpose of distributing surplus properties made available by the federal government under the provisions of Pub. L. 152, 81st Congress, as amended.

HB 1587. By Representative McDonald of the 12th:
A bill to amend an Act entitled "The Uniform Act Regulating Traffic on Highways" so as to change the exhaust system requirements for school buses.

HB 1715. 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 so as to change certain provisions relating to the issuance of building permits; to provide an effective date.

Senator Kidd of the 25th moved that the Senate reconsider its action of February 27 in passing the following bill of the House:

HB 1246. By Representatives Baugh of the 108th, Parham of the 109th, Rowland of the 119th and Savage of the 25th:
A bill to amend Code Section 38-418, relating to confidential communications, so as to provide that communications between a physician and a patient shall be privileged.

On the motion, the yeas were 28, nays 1; the motion prevailed, and HB 1246 was reconsidered and placed at the foot of the Calendar.

Senator Wessels of the 2nd moved that the Senate reconsider its action of February 27 in defeating the following bill of the House:

HB 1250. By Representatives Scott of the 123rd and Hill of the 127th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to provide that the governing authority of certain counties may authorize the sale of distilled spirits, malt beverages and wine for consumption only on. the premises in certain eating establishments on Sundays; to provide for limitations: and conditions; to provide an effective date.

On the motion, the yeas were 36, nays 3; the motion prevailed, and HB 1250 was reconsidered and placed at the foot of the Calendar.

TUESDAY, FEBRUARY 28, 1978

1769

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

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 647. By Senator Bell of the 5th:
A bill to amend an Act establishing districts in DeKalb County from which the members of the county board of education shall be elected, as amended, so as to change the compensation of the members of the board of education. Referred to Committee on County and Urban Affairs.

SB 648. By Senator Bell of the 5th:
A bill to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, as amended, so as to change the provisions relative to school board districts. Referred to Committee on County and Urban Affairs.

SR 372. By Senator Bell of the 5th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by local law for the nonpartisan election of certain members of the DeKalb County Board of Education; 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:

Mr. President:
Your Committee on Appropriations has had under consideration the following bills and resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1820. Do pass. HB 1953. Do pass as amended. HR 439. Do pass. HR 442. Do pass. HR 456. Do pass as amended. HR 457. Do pass. HR 475. Do pass.

1770

JOURNAL OP THE SENATE,

HR 481. Do pass. HR 505. Do pass. HR 511. Do pass. HR 565. Do pass. HR 582. Do pass. HR 588. Do pass. HR 724. Do pass.

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

Mr. President:
Your Committee on Banking, Finance and Insurance 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 1332. Do pass. HB 1365. Do pass. HB 1381. Do pass. HB 1499. Do pass. HB 1533. Do pass. HB 1656. Do pass.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:
Your Committee on Consumer 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 1303. Do pass by substitute. HB 1639. Do pass. HB 1752. Do pass.
Respectfully submitted, Senator Barker of the 18th District, Chairman

TUESDAY, FEBRUARY 28, 1978

1771

Mr. President:

Your Committee on County and Urban Affairs has had under consideration the following billsi 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 645. Do pass as amended. SB 646. Do pass as amended. HB 1689. Do pass. HB 1717. Do pass. HB 1847. Do pass. HB 1850. Do pass. HB 1868. Do pass. HB 1888. Do pass. HB 1893. Do pass. HB 1895. Do pass. HB 1926. Do pass. HB 1927. Do pass. HB 1928. Do pass. HB 1929. Do pass. HB 1930. Do pass. HB 1931. Do pass. HB 1932. Do pass. HB 1933. Do pass. HB 1934. Do pass. HB 1936. Do pass. HB 1938. Do pass. HB 1941. Do pass. HB 1942. Do pass. HB 1943. Do pass. HB 1944. Do pass. HB 1954. Do pass. HB 1955. Do pass. HB 1957. Do pass. HB 1962. Do pass. HB 1963. Do pass.

1772

JOURNAL OF THE SENATE,

HB 1964. Do pass. HB 1965. Do pass. HB 1966. Do pass. HB 1979. Do pass. HR 711. Do pass. HR 714. Do pass by substitute. HR 716. Do pass. HR 719. Do pass. HR 720. Do pass.

Respectfully submitted, Senator Sutton of the 9th District, Chairman

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 997. Do pass as amended. HB 1507. Do pass.
Respectfully submitted, Senator Sutton of the 9th District, Chairman

Mr. President:
Your Committee on Education has had under consideration the following bills and resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1431. Do pass. HB 1443. Do pass. HB 1598, Do pass. HR 638. Do pass.
Respectfully submitted, Senator Carter of the 14th District, Chairman

Mr. President: Your Committee on Human Resources has had under consideration the fol-

TUESDAY, FEBRUARY 28, 1978

1773

lowing bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1231. Do pass. HB 1445. Do pass. HB 1447. Do pass. HB 1461. Do pass. HB 1628. Do pass. HB 1661. Do pass. HB 1760. Do pass. HB 1797. Do pass. HB 1636. Do pass as amended. HB 1774. Do pass. HB 1775. Do pass.

Respectfully submitted, Senator Howard of the 42nd District, Chairman

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 1585. Do pass.
Respectfully submitted, Senator Hill of the 29th District, Chairman

Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1101. Do pass. HB 1345. Do pass as amended. HB 1441. Do pass. HB 1504. Do pass.
Respectfully submitted, Senator Overby of the 49th District, Chairman

1774

JOURNAL OF THE SENATE,

Mr. President:

Your Committee on Natural Resources and Environmental Quality 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:
HR 739. Do pass.
HR 651. Do pass.
HB 1320. Do pass.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

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 1728. Do pass. HB 1818. Do pass. HB 1836. Do pass. HB 1849. Do pass. HB 1858. Do pass.
Respectfully submitted, Senator Reynolds of the 48th District, Chairman
The following bills and resolutions of the Senate and House were read the second time:

SB 643. By Senator Dean of the 31st:
A bill to amend an Act reincorporating the City of Rockmart and creating a new charter for said city, as amended, so as to repeal the ward residency requirement for the election of councilmen within the city; to change the provisions relating to the qualifications of electors.

SR 323. By Senator Bell of the 5th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by law for the form of government of DeKalb County and, in connection therewith, to provide for the various officers, bodies, branches, departments or agencies by and through which the county's governmental powers shall be exercised and to require that certain legislation adopted pursuant to such authority

TUESDAY, FEBRUARY 28, 1978

1775

shall be conditioned for its effectiveness on approval of the voters of DeKalb County.

SR 347. By Senators Weasels of the 2nd and Riley of the 1st:
A resolution proposing an amendment to the Constitution, so as to provide that each person who is 65 years of age or over or who is totally disabled shall be granted an exemption from all ad valorem taxes levied by Chatham County for county purposes in an amount to be fixed by the Board of Commissioners of Chatham County on a homestead owned and occupied by him as a residence if his net income does not exceed an amount to be fixed by the Board of Commissioners of Chatham County.

SR 351. By Senator Hudson of the 35th:
A resolution proposing an amendment to the Constitution, so as to provide that the General Assembly shall have the power by general, local or special law applicable to any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census; to provide for the submission of this amendment for ratification or rejection.

SR 359. By Senators Stumbaugh of the 55th, Scott of the 43rd, Tysinger of the 41st and others:
A resolution proposing an amendment to the Constitution, so as to provide for a homestead exemption for residents of the City of Lithonia in an amount of $2,000.00 from all City of Lithonia ad valorem taxes; to provide that residents of the City of Lithonia who are 65 years of age or over or who are totally disabled and who have an income from all sources, including the income from certain members of the family, not exceeding $4,000.00 per annum, shall be granted an additional homestead exemption of $2,000.00 from ad valorem taxation by said city; to provide procedures in connection with obtaining such exemptions'; to provide for the submission of this amendment for ratification or rejection.

SR 365. By Senator Dean of the 31st:
A resolution proposing an amendment to the Constitution, so as to provide that residents of the City of Rockmart who are 65 years of age or over shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said city; to provide for the submission of this amendment for ratification or rejection.
HB 1631. By Representatives Williamson of the 45th, Tolbert and Johnston of the 56th and others:
A bill to repeal an Act entitled "An Act to incorporate the town of Constitution, in the Counties of Fulton and DeKalb, to provide for its succession to the rights, powers and duties of the town of Constitution, heretofore created by order of the DeKalb Superior Court, to provide a municipal government for the said town and confer certain rights, powers and privileges on the same.

1776

JOURNAL OF THE SENATE,

HB 1670. By Representatives Mullinax of the 69th, Wood of tiie 72nd, Phillips of the 59th and others:
A bill to amend an Act approved March 29, 1937, known as the "Unemployment Compensation Law" (now Employment Security Law) to provide certain changes required by the U. S. Secretary of Labor.

HB 1687. By Representative Beck of the 148th:
A bill to amend Code Chapter 65-2, relating to nonprofit cooperative associations, also known as the "Cooperative Marketing Act", so as to provide for perpetual duration for such associations, except under certain circumstances; to provide an effective date.

HB 1806. 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 providing for appointments to and the filling of vacancies on the Albany-Dougherty Hospital Authority so as to provide for appointments to and the filling of vacancies on the AlbanyDougherty Hospital Authority.

HB 1875. By Representatives Mostiler and Carlisle of the 71st, Adams of the 79th and others:
A bill to amend an Act creating the Griffin Judicial Circuit so as to change the provisions relating to the supplement to the salary of the Judges and District Attorney of the Griffin Judicial Circuit.

HB 1907. By Representative Connell of the 87th:
A bill to amend an Act to provide and fix the compensation of certain elected officials in certain counties of this State so as to change the salaries of certain elected officials in said counties.

HB 1910. By Representative Connell of the 87th:
A bill to amend an Act creating the Civil Court of Richmond County, Georgia, so as to change the name of the "Sheriff of the Civil Court of Richmond County, Georgia" to the name "Marshal of the Civil Court of Richmond County, Georgia".
HB 1912. By Representatives Murray of the 116th and Castleberry of the lllth:
A bill to amend an Act creating the State Court of Sumter County so as to change the compensation of the judge and solicitor of said court.

HB 1915. By Representatives Harris of the 60th, Wall of the 61st and Phillips of the 59th:
A bill to amend an Act incorporating the City of Suwanee so as to change the office of the city clerk from an elective to an appointive office.

TUESDAY, FEBRUARY 28, 1978

1777

HB 1921. By Representative Murphy of the 18th:
A bill to amend an Act creating the office of County Commissioner of Haralson County so as to change the compensation of the County Commissioner of Haralson County.

HB 1946. By Representatives Mostiler and Carlisle of the 71th, Johnson of the 72nd and others:
A bill to create the Fayette County Public Facilities Authority and to authorize such authority, to acquire, construct, equip, maintain and operate buildings and the usual and convenient facilities appertaining to such undertakings.

HB 1947. By Representatives Mostiler and Carlisle of the 71st, Johnson of the 72nd and others:
A bill to amend an Act creating a Board of Commissioners for Fayette County so as to provide for the reimbursement of the chairman and members of the board of commissioners for expenses incurred in the performance of their duties.

HB 1948. By Representatives Mostiler and Carlisle of the 71st, Lee of the 72nd and others:
A bill to amend an Act consolidating the Offices of Tax Receiver and Tax Collector of Fayette County into the Office of Tax Commissioner of Fayette County so as to provide that the tax commissioner shall not collect or pay to the governing authority of Fayette County any commission for the collection of educational taxes but shall pay all educational funds, collected without deduction, to the Board of Education of Fayette County.

HB 1949. By Representatives Mostiler and Carlisle of the 71st, Lee of the 72nd and others:
A bill to amend an Act creating a Board of Commissioners for Fayette County so as to change the provisions relating to the election of members of the board of commissioners; to change the provisions relating to districts for elections.
HB 1950. By Representatives Mostiler and Carlisle of the 71st, Johnson of the 72nd and others:
A bill to amend an Act to create and establish a Small Claims Court in and for Fayette County, Georgia, so as to change the qualifications of the judge of said court; to change certain exemptions.
HB 1960. By Representative Birdsong of the 103rd:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Twiggs County so as to authorize the recall of the members of the board of commissioners.

1778

JOURNAL OF THE SENATE,

HR 590. By Representatives Housley and Burruss of the 21st, Murphy of the 18th and others:
A resolution proposing- an amendment to the Constitution so as to authorize the General Assembly to create a Paulding County Civil Service System for all those persons, other than elected officials, whose salaries or wages are paid in whole or in part from the funds of Paulding County.

HR 657. By Representative Irvin of the 10th:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption for tax purposes for certain property owned by residents of Banks County.

HR 658. By Representative Irvin of the 10th:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption for tax purposes for certain property owned by residents of Stephens County.

HR 661. By Representatives Dover of the llth, and Twiggs and Colwell of the 4th:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption for tax purposes for certain property owned by residents of White County.

HR 662. By Representative Dover of the llth:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption for tax purposes for certain property owned by residents of Habersham County.

HR 702. By Representatives Wheeler of the 152nd and Chance of the 129th:
A resolution urging the Congress of the United States to liberalize the coverage under the Federal Crop Insurance Act.

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
February 28, 1978
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

TUESDAY, FEBRUARY 28, 1978

1779

registered in the Docket of Legislative Appearance as of this date, in accordance with Act No. 1294 (H.B. 1210), Georgia Laws, 1970.

With best wishes, I am

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

Enclosure

State of Georgia Office of Secretary of State

I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the three pages of photographed matter hereto attached contain the names and addresses of those persons (numbered 382 through 418), along with the names of the respective persons, firms, corporations, or associations they represent, who registered in the Docket of Legislative Appearance for the 1978 Session of the Georgia General Assembly as of 4:30 p.m. Friday, February 24, 1978, 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 27th day of February, in the year of our Lord One Thousand Nine Hundred and Seventy-Eight and of the Independence of the United States of America the Two Hundred and second.

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

382. W. H. Roberts Georgia Association of Petrolum Retailers 1474 Gloria Street Griffin, Georgia 30223
383. Thomas H. Backus Atlanta Labor Council Route 1 Buchanan, Georgia 30113
3Q8tM4. Miw rs. rP>auli AA . rD, angar, JTr.
V1,,K6ec2n9onoeCnslauiwubV, VGr,,ieeworgnCi. oa u^3Or0tri114.4,
385. Jared Blum Direct Selling Association 1730 M Street, N. W. Washington, D. C. 20036

386. Stuart Byer Direct Selling Association 1730 M Street, N. W. Washington, D. C. 20036
387 Thom Ko,ega
Turner County Chamber of Commerce
P- O. Box 24 Ashburn, Georgia 31714
388 - HTr-aPilawualyWs omack, Jr.
1A.8t,8,l4antM, a,erG,c-,eedoersgi. aCo3ou0nr3ot4x, 5cN. E.
389. Fred H. Loveday Georgia Association of Independent Schools, Inc. 3209 Isoline Way, S. E. Smyrna, Georgia 30080

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JOURNAL OP THE SENATE,

390. Julia T. Dyar Georgia Press Association 1075 Spring Street, N. W. Atlanta, Georgia 30309
391. L. C. Moore Registered Agent Georgia Retail Association Sears Roebuck & Company 675 Ponce de Leon Avenue Atlanta, Georgia 30395
392. James H. Hudson Eli Lilly and Co. 310 Riverhill Drive, N. W. Atlanta, Georgia 30328
393. Zaimah Abdur-Rahim Women on the Move, Inc. 323 Lakeview Place College Park, Georgia 30337
394. David F. Powell International Association of Machinists and Aerospace Workers 2917 Battle Forrest Drive Decatur, Georgia 30034
395. Waldo Spence Atlanta Gas Light Co. 2520 Shallowford Road, N.E. Apartment 75 Atlanta, Georgia 30345
396. Louise D. Myar Georgia Association of Broadcasters 230 Peachtree Street Suite 2150 Atlanta, Georgia 30303
397. Howard James Mountain Services Post Office Box 483 Gainesville, Georgia 30501
398. Charles F. Ector Unified Services 1848 Calvary Drive Gainesville, Georgia 30501
399. Sam Frankel Association of Physical Fitness 3340 Peachtree Road Tower Place Atlanta, Georgia 30326

400. Timothy P. Terrell. Young Lawyers Section, State Bar of Georgia 2219 Riada Drive, N. W. Atlanta, Georgia 30305
401. W. T. Walsh State Bar of Georgia Alston, Miller & Gaines C & S National Bank Building Atlanta, Georgia 30303
402. Raymond W. Hand Pet, Inc. 400 South 4th Street St. Louis, Missouri 63166
403. Michael H. Rudy Texaco, Inc. 5024 Winding Branch Drive Dunwoody, Georgia 30338
404. A. B. Reddick Allstate Insurance Co. 2660 Akers Mill Road, N. W. Atlanta, Georgia 30339
405. Pat Gardner Georgia Psychological Association 668 East Pelham Road Atlanta, Georgia 30324
406. Tim Perry* Registered Agent Brunswick Corporation American Express Corporation 1745 North Pelham Road, N.E. Atlanta, Georgia 30324
407. Michael Jablonski Stop Mountain Area Super Highways 2300 The Equitable Building Atlanta, Georgia 30303
408. Bill Merritts Gray Line of Atlanta 309 Walker Street Atlanta, Georgia 30313
409. Jim Cone Georgia Recreation and Parks Society DeKalb County Courthouse Decatur, Georgia 30030

TUESDAY, FEBRUARY 28, 1978

1781

410. Celeste Greene Homemakers Upjohn 1819 Peachtree Road, N. E. Suite 703 Atlanta, Georgia 30309
411. Victor A. Gregory Child Advocacy Coalition, of the Council for Children, Inc. 2770 Burfordi Drive Marietta, Georgia 30060
412. Jack B. Perdue Blue Cross and Blue Shield, Atlanta 3348 Peachtree Road, N.E. Atlanta, Georgia 30326
413. William A. Bagwell Alliance of American Insurers Post Office Box 1 Gainesville, Georgia 30501
414. G. W. Edwards, Jr. Georgia Power Company 1493 Fair-view Road, N. E. Atlanta, Georgia 30306

415. Robert H. Walling Wesley Homes, Inc. 1001 Oxford Road, N. E. Atlanta, Georgia 30306
416. Peter M. Wright Wesley Homes, Inc. 1842 Walthall Drive, N.W. Atlanta, Georgia 30318
417. Robert H. Forry Georgia Power Company 1400 Candler Building Atlanta, Georgia 30303
418. John A. Roberts Georgia Power Company Post Office Box 4545 Atlanta, Georgia 30302
* Tim Perry C & S Mortgage Co. Added 2/24/78

The following local, uncontested bills of the House, favorably reported by the committee, were read the third time and put upon their passage:

HB 1655. By Representative Reaves of the 147th:
A bill to provide that in all counties of this State having a population of not less than 13,650 nor more than 14,750, according to the United States Decennial Census or any such future census, the local tax officials shall cease receiving tax returns on the first day of March.

The report 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 1716. By Representatives Ware of the 68th and Mullinax of the 69th: A bill to amend an Act creating a Small Claims Court of Troup County so as to change the salary of the judge; to provide an effective date.
The report of the committee, which was favorable to the passage of the bill, was1 agreed to.

1782

JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1796. By Representative Johnson of the 74th:
A bill to amend an Act repealing an Act incorporating the City of Covington so as to change the provisions relating to the election of mayor and councilmen 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.

HB 1841. By Representatives Mostiler and Carlisle of the 71st, Wood of the 72nd and others:
A bill to place the coroner of Fayette County on a salary in lieu of the fee system of compensation; to provide for the disposition of fees; to provide for the appointment of deputy coroners and their compensation, 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 48, nays 0.

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

HB 1842. By Representative Ross of the 76th: A bill to provide an annual salary for the Coroner of Wilkes 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.

TUESDAY, FEBRUARY 28, 1978

1783

HB 1856. By Representative Collins of the 144th:
A bill to amend Code Section 32-904, relating to compensation of members of county boards of education, so as to provide for the compensation of the chairman and members of the board in all counties of the State having a population of not less than 18,500 and not more than 19,000, according to the United States Decennial Census of 1970 or any future such census.

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

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1860. By Representative Irvin of the 10th:
A bill to amend an Act establishing the State Court of Stephens County so as to change the compensation of the Judge, Solicitor and Solicitor Pro tempore of said Court.

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

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1861. By Representatives Milford, Clark and Mann of the 13th:
A bill to amend an Act providing an annual salary for the Sheriff of Franklin County so as to change the provisions relating to the number and compensation of deputy sheriffs and the compensation of other personnel employed by the sheriff.

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

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1862. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to create and establish a Small Claims Court in and for Bulloch County.

1784

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 48, nays 0.

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

HB 1863. By Representatives Long of the 142nd and Cox of the 141st:
A bill to change the compensation of the Sheriff of Grady County; to provide that all emoluments accruing to said office shall be and become the property of said county; to provide for the employment of assistant personnel for said sheriff and the payment of the expenses and operations of said office; to provide for the submission of an annual budget.

The report 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 1864. By Representatives Long of the 142nd and Cox of the 141st:
A bill to amend an Act incorporating the City of Cairo so as to change the provisions relating to executions for claims due the city; to provide for the issuance of executions for indebtedness past due to the city for gas, electric service, sewer service, garbage collection and other charges for services provided by the city for a charge.

The report 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 1865. By Representatives Milford, Clark and Mann of the 13th: A bill to create a Board of Commissioners for Hart 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.

TUESDAY, FEBRUARY 28, 1978

1785

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

HB 1866. By Representative Phillips of the 120th:
A bill to amend an Act placing the Sheriff of Montgomery County upon an annual salary 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 48, nays 0.

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

HB 1876. 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 so as to change the annual 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 48, nays 0.

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

HB 1877. By Representatives Carlisle and Mostiler of the 71st:
A bill to amend an Act creating the Board of Commissioners of Spalding County so as to change the compensation of the Chairman of the Board of Commissioners of Spalding County and the salary of each of the other Commissioners of Spalding County; to repeal a specific law.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 48, nays 0.

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

HB 1878. By Representatives Carlisle and Mostiler of the 71st: A bill to amend an Act abolishing the fee system as the mode of com-

1786

JOURNAL OF THE SENATE,

pensation of the Coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer so as to change the compensation of the Coroner of Spalding County.

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

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1879. By Representatives Mostiler and Carlisle of the 71st: A bill to provide for the establishment of fire protection districts in Spalding County, Georgia, pursuant to constitutional provisions relative thereto.

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

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1890. By Representative Kilgore of the 65th:
A bill to amend an Act creating a new charter for the city of Douglasville so as to change the number of votes needed to elect certain councilmen; to change by whom certain councilmen may 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 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 Bell Brantley

Broun of 46th Brown of 47th Carter

TUESDAY, FEBRUARY 28, 1978

1787

Dean of 31st Doss Duncan English Evans Fincher Foster Gillis Greene Holloway
Howard

Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Riley Robinson
Russell

Scott Shapard Starr Stephens Stumbaugh Sutton Thompson Turner Tysinger Walker
Wessels

Those not answering were Senators:

Barnes (excused conferee) Bond Coverdell Dean of 6th

Eldridge Hill Hudgins Hudson Pearce

Reynolds Summers Tate Timmons Traylor

Senator Dean of the 31st introduced the chaplain of the day, Reverend Bill Clinton, pastor of the First Baptist Church of Bremen, Georgia, who offered prayer.

The following resolutions of the Senate were read and adopted:

SR 369. By Senators Foster of the 50th, Carter of the 14th, Doss of the 52nd and others:
A resolution commending and expressing best wishes to Dr. Edmund Clyde Martin.

SR 371. By Senator Tate of the 38th: A resolution commending Bishop Harold I. Bearden.

SR 373. By Senators Wessels of the 2nd and Riley of the 1st: A resolution commending Miss Hollis Stacy.

SENATE RULES COMMITTEE
Tuesday, February 28, 1978
HB 1224. Appropriations, 1978-79 provide (SUB) HB 579. Motor Carrier Tax deducting accrued credits (AM) HB 1253. Motor Vehicle Registration time period for nonresidents HB 1289. Polling Places provide ones accessible to handicapped

1788

JOURNAL OF THE SENATE,

HB 1304. Alcoholic Beverage Sale in Private Club--Revenue Commissioner regulate (SUB)
HB 1306. Sales Tax Act--property tax rollback HB 1356. Internal Revenue Code on Income Taxation--redefine (SUB) HB 1367. Employees' Retirement--requirements and benefits certain
personnel HB 1382. Game and Fish--change provisions relative to shrimping HB 1390. Income Tax--multiple support agreement, dependency exemption HB 1401. Income Tax--remuneration for active service in armed forces HB 1419. Person Holding Elective Public Office--not serve on board of
elections HB 1505. Nonresident Big Game License--change provisions HB 1543. Game and Fish Code--changes in certain definitions (SUB) HB 1544. Billiard Room Selling Beer, Wine, Alcoholic Beverages--no minor
allowed HB 1545. Air Quality Act of 1978--create HB 1562. Health Code--change definition of institution covered by Act HB 1568. Lookout Mountain Judicial Circuit Superior Court--additional
judge HB 1574. Board of Funeral Service--set amount for license fees HB 1576. Peace Officer Standards & Training Act--exemptions from
certification HB 1623. Superior Court Judge--reimbursement while attending educational
seminars HB 1747. Historic Chattahoochee Compact--enact HR 478. State, County, City Public Officials--provide for recall (SUB) HR 564. Board of Examiners of Speech Pathology & Audiology--
termination date (AM)
HR 613. Pulaski County--conveyance of certain real property
HB 1786. Monroe County--discharge of firearm on property of another
HB 1787. Jones County--discharge of firearm on property of another
HB 1246. Physician and Patient--communications privileged
HB 1250. Chatham County Alcohol Sale on Sunday--certain restaurants

Respectfully submitted,
/s/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

TUESDAY, FEBRUARY 28, 1978

1789

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

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334
February 24, 1978
Honorable Zell Miller Lieutenant Governor and President of the Senate and Members of the Senate Senate Chamber Atlanta, Georgia 30334
Dear Lieutenant Governor Miller and Members of the Senate:
I submit to you, as provided by law, the following appointments for confirmation:
Honorable Barbara P. Payne of DeKalb County as a member of the Council on Aging, for the term of office beginning December 15, 1977 and ending December 15, 1979.
Honorable Vita R. Ostrander of DeKalb County as a member of the Council on Aging, for the term of office beginning December 15, 1977 and ending December 15, 1979.
Honorable Naomi Ernst Maddox of DeKalb County as a member of the Conucil on Aging, for the term of office beginning December 15, 1977 and ending December 15, 1979.
Honorable Kay H. Hind of Dougherty County as a member of the Council on Aging, for the term of office beginning December 15, 1977 and ending December 15, 1979.
Mrs. James G. Unger of Morgan County as a member of the Council on Aging, for the term of office beginning December 15, 1977 and ending December 15, 1979.
Honorable W. John Simpkins of Muscogee County as a member of the Council on Aging, for the term of office beginning December 15, 1977 and ending December 15, 1979.
Honorable William Huff, III of Talbot County as a member of the Council on Aging, for the term of office beginning December 15, 1977 and ending December 15, 1979.
Honorable Charles W. Smith of White County as a member of the Council on Aging, for the term of office beginning December 15, 1977 and ending December 15, 1979.

1790

JOURNAL OP THE SENATE,

Honorable Joe Ellis of Hall County as a member of the Georgia Auctioneers Commission, for the term of office beginning September 16, 1977 and ending August 14, 1981.

Honorable Roy H. Holland of Laurens County as a member of the Georgia Auctioneers Commission, for the term of office beginning September 16, 1977 and ending August 14, 1982.

The following named persons as members of the State Authorities Study Commission for term beginning August 23, 1977 and ending January 9, 1978: John C. Barrow of Troup County; William H. Roper of DeKalb County; Fred G. Stowers of DeKalb County; Timothy J. Sweeney of DeKalb County; John S. Thibadeau of DeKalb County.

Honorable Donald A. Wade of Bacon County as a member of the Georgia State Board of Barbers, for the term of office beginning July 25, 1977 and ending July 25, 1979.

Honorable G. Ben Johnson, Jr. of Cobb County as a member of the Georgia State Board of Barbers, for the term of office beginning July 25, 1977 and ending July 25, 1980.

Honorable Melvin A. Clay of Floyd County as a member of the Georgia State Board of Barbers, for the term of office beginning July 25, 1977 and ending July 25, 1979.

Honorable Ted R. Ridlehuber of Clarke County as a member of the Cancer Advisory Council, for the term of office beginning October 26, 1977 and ending December 31, 1980.

Honorable Tom Navin of Clayton as a member of the Cancer Ad visory Council, for the term of office beginning October 26, 1977 and ending December 31, 1977.

Honorable Abdel H. Ragab, M.D. of DeKalb County as a member of the Cancer Advisory Council, for the term of office beginning October 26, 1977 and ending December 31, 1980.

Honorable S. Angier Wills, M.D. of DeKalb County as a member of the Cancer Advisory Council, for the term of office beginning October 26, 1977 and ending December 31, 1978.

Honorable George A. Wischmann of DeKalb County as a member of the Cancer Advisory Council, for the term of office beginning October 26, 1977 and ending December 31, 1979.
Mrs. Robert W. Huff of Floyd County as a member of the Cancer Advisory Council, for the term of office beginning October 26, 1977 and ending December 31, 1980.
Honorable Robert L. Brown, M.D. of Fulton County as a member of the Cancer Advisory Council, for the term of office beginning October 26, 1977 and ending December 31, 1978.

TUESDAY, FEBRUARY 28, 1978

1791

Honorable Simpson J. Clark of Fulton County as a member of the Cancer Advisory Council for the term of office beginning October 26, 1977 and ending December 31, 1979.
Honorable Asa G. Yancey, M.D. of Fulton County as a member of the Cancer Advisory Council, for the term of office beginning October 26, 1977 and ending December 31, 1977.
Honorable James W. Mathis, M.D. of Lowndes County as a member of the Cancer Advisory Council, for the term of office beginning October 26, 1977 and ending December 31, 1980.
Mrs. Donald C. Knighton of Fulton County as a member of the Cancer Advisory Council, for the term of office beginning October 26, 1977 and ending December 31, 1980.
Honorable John P. Wilson, M.D. of Fulton County as a member of the Cancer Advisory Council, for the term of office beginning October 26, 1977 and ending December 31, 1979.

Honorable Ann I. Bray of Meriwether County as a member of the Cancer Advisory Council, for the term of office beginning October 26, 1977 and ending December 31, 1977.

Honorable William A. Scoggin, M.D. of Richmond County as a mem ber of the Cancer Advisory Council, for the term of office beginning October 26, 1977 and ending December 31, 1978.

Honorable M. Julian Duttera, M.D. of Troup County as a member of the Cancer Advisory Council, for the term of office beginning October 26, 1977 and ending December 31, 1980.

Honorable James C. Harrington, Jr. of Forsyth County as a member of the State Commission on Compensation, for the term of office begin ning September 19, 1977 and ending May 11, 1979.

Honorable Marian A. Sumner of Worth County as a member of the State Commission on Compensation, for the term of office beginning April 11, 1977 and ending May 11, 1979.

Honorable Mary C. Stinson of Spalding County as a member of the Georgia State Board of Cosmetology, for the term of office beginning May 30, 1977 and ending May 1, 1979.

The following named persons as members of the Compensation to Victims of Crime Study Commission for terms beginning August 1, 1977 and ending December 1, 1977: Carol Ann Blair of DeKalb County; Wil liam E. Baughman of Fulton County; William D. Kelley, Jr. of DeKalb County.

Honorable L. Patricia Johnson of Fulton County as a member of the Interstate Compact on the Placement of Children, for the term of office beginning September 7, 1977 and serving at the Pleasure of the Governor.

1792

JOURNAL OP THE SENATE,

Honorable Stanley H. Merica, D.C. of Baldwin County as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning December 9, 1977 and ending August 20, 1980.
Honorable Gerald W. Holloway, B.C., of Brooks County as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning May 30, 1977 and ending August 20, 1979.
Honorable Donald N. Parkerson, D. C. of Dodge County as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning May 30, 1977 and ending August 20, 1979.
Honorable Eugene E. Sparlin, D.C. of Fulton County as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning December 9, 1977 and ending August 20, 1980.
Honorable Gerald H. Thompson of Ben Hill County as a member of the Board of Community Affairs, for the term of office beginning July 1, 1977 and ending June 30, 1979.
Honorable L. Scott Stell, Jr. of Chatham County as a member of the Board of Community Affairs, for the term of office beginning July 1, 1977 and ending June 30, 1979.
Honorable Leroy H. Johnson of Coweta County as a member of the Board of Community Affairs, for the term of office beginning July 1, 1977 and ending June 30, 1980.
Honorable Hobby Stripling of Dooly County as a member of the Board of Community Affairs, for the term of office beginning July 1, 1977 and ending June 30, 1978.

Honorable James Griffin, Jr. of Dougherty County as a member of the Board of Community Affairs, for the term of office beginning July 1, 1977 and ending June 30, 1978.

Honorable R. Alex Grindler of Emanuel County as a member of the Board of Community Affairs, for the term of office beginning July 1, 1977 and ending June 30, 1979.

Honorable H. Hearn Lumpkin of Fulton County as a member of the Board of Community Affairs, for the term of office beginning July 1, 1977 and ending June 30, 1980.

Honorable Lillian Webb of Gwinnett County as a member of the Board of Community Affairs, for the term of office beginning July 1, 1977 and ending June 30, 1980.

Honorable James G. Hay of Thomas County as a member of the Board of Community Affairs, for the term of office beginning July 1, 1977 and ending June 30, 1978.

TUESDAY, FEBRUARY 28, 1978

1793

The following named persons as members of the Curriculum Study Commission for term beginning May 30, 1977 and ending December 31, 1977: Nathan G. Knight of Coweta County; Margie Britt of DeKalb County; Alvin Curtis McDougald of Taylor County; Sue Ellen Miller of Muscogee County; Victoria Sutton of Pulton County, Peggy Neal of Clarke County; Ruth Stacey of Chatham County; Ernest Stroud, Jr. of Clayton County; Dr. John H. Lounsbury of Baldwin County.

Honorable Ernest R. Burriss, Jr., D.D.S. of Chatham County as a member of the Georgia Board of Dentistry, for the term of office begin ning September 6, 1977 and ending August 1, 1982.

Honorable Eldridge W. Perry of Marion County as a member of the Georgia Development Authority, for the term of office beginning July 28, 1977 and ending July 1, 1985.

Honorable James L. Kelly of Muscogee County as a member of the Board of Registration for Professional Engineers and Land Surveyors,
for the term of office beginning October 3, 1977 and ending June 1, 1982.

Honorable John W. Wilcox, Jr. of Fulton County as a member of the Board of Review Employment Security Agency, for the term of office beginning April 5, 1977 and ending November 14, 1980.

Honorable Dock H. Davis of Heard County as a member of the Board of Review Employment Security Agency, for the term of office begin ning December 8, 1977 and ending November 14, 1982.

Honorable Erwin A. Friedman of Chatham County as a member of
The Education Commission of the States, for the term of office beginning May 6, 1977 and serving at the Pleasure of the Governor.

Honorable Thomas K. Vann, Jr. of Thomas County as a member of The Education Commission of the States, for the term of office beginning May 6, 1977 and serving at the Pleasure of the Governor.

Honorable Joan Crawford of Fulton County as a member of the Economic Development Council, for the term of office beginning May 30, 1977 and serving at the Pleasure of the Governor.

Honorable Quinn Hudson of DeKalb County as a member of the Economic Development Council, for the term of office beginning No vember 28, 1977 and serving at the pleasure of the Governor.

Honorable W. N. Haynes of Chatham County as a member of the State Board of Registration for Foresters, for the term of office begin ning July 22, 1977 and ending March 19, 1982.

Honorable Vaughn H. Hofeldt of Hall County as a member of the
State Board of Registration for Foresters, for the term of office begin ning July 22, 1977 and ending March 19, 1981.

1794

JOURNAL OF THE SENATE,

Honorable F. Woodson Briscoe of Fulton County as a member of the Georgia Franchise Practices Commission, for the term of office beginning August 11, 1977 and ending May 4, 1979.

Honorable R. E. Budd of Oconee County as a member of the Georgia Franchise Practices Commission, for the term of office beginning August
11, 1977 and ending May 4, 1979.

Honorable William S. Hutchings of Bibb County as a member of the Georgia State Board of Funeral Service, for the term of office beginning May 23', 1977 and ending February 13, 1983.
Honorable James B. Talley of Cobb County as a member of the State Board of Registration for Professional Geologists, for the term of office beginning September 7, 1977 and ending November 24, 1981.
Honorable H. Lehman Franklin, Jr. of Bulloch County as a member of the Charles H. Herty Foundation, for the term of office beginning March 16, 1977 and ending February 19, 1981.

Honorable John E. Ellington of Treutlen County as a member of the
Charles H. Herty Foundation, for the term of office beginning March 16,1977 and ending February 19,1982.

Honorable Wells Riley, M.D. of Clayton County as a member of the Board of Human Resources, for the term of office beginning April 29, 1977 and ending April 6, 1982.
Honorable L. Lamar Akins of Lamar County as a member of the Board of Human Resources, for the term of office beginning April 29, 1977 and ending April 6, 1982.

Honorable John W. Acree, M.D. of Towns County as a member of the Board of Human Resources, for the term of office beginning May 30, 1977 and ending April 6, 1978.

Honorable Mary Evelyn Walker of Cobb County as a member of
the Georgia State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning September 12, 1977 and ending July 1, 1978.

Honorable Ishmael C. Childs of DeKalb County as a member of the Georgia State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning September 12, 1977 and ending July 1, 1979.

Honorable Maxine Goldstein of Baldwin County as a member of the Georgia State Commission on Indian Affairs, for the term of office be ginning May 17,1977 and ending May 17,1981.

Honorable Howard Atherton of Cobb County as a member of the Georgia State Commission on Indian Affairs, for the term of office
beginning May 17,1977 and ending May 17,1979.

TUESDAY, FEBRUARY 28, 1978

1796

Honorable Henry M. Huckaby of Spalding County as a member of
the Georgia State Commission on Indian Affairs, for the term of office beginning December 7, 1977 and ending May 17, 1979.

Honorable F. H. Boney of Chattooga County as a member of the Board of Industry and Trade, for the term of office beginning April 8, 1977 and ending April 1, 1981.

Honorable David A. Rankin, Jr. of Hall County as a member of the Lake Lanier Islands Development Authority, for the term of office beginning November 30, 1977 and ending May 15, 1981.

Honorable Thomas D. Moreland of DeKalb County as a member of the Joint Highway Litter Study Committee, for the term of office be ginning May 30, 1977 and ending January 9, 1978.
Honorable J. Leonard Ledbetter of DeKalb County as a member of the Joint Highway Litter Study Committee, for the term of office be ginning May 30, 1977 and ending January 9, 1978.
Honorable Donna F. Vann of Bulloch County as a member of the Georgia State Board of Landscape Architects, for the term of office beginning May 12, 1977 and ending April 1, 1980.

Honorable G. W. Hogan of Cobb County as a member of the Board of Medical Assistance, for the term of office beginning April 18, 1977 and ending June 30, 1980.
Honorable Edward D. Irons of Fulton County as a member of the Board of Medical Assistance, for the term of office beginning April 18, 1977 and ending June 30, 1978.

Honorable James E. Barnett of Fulton County as a member of the Board of Medical Assistance, for the term of office beginning April 18,
1977 and ending June 30, 1979.

Honorable Vivian! P. Hartman of Houston County as a member of the Board of Medical Assistance, for the term of office beginning April 18, 1977 and ending June 30, 1980.

Honorable D. Jack Davis of Madison County as a member of the Board of Medical Assistance, for the term of office beginning April 18, 1977 and ending June 30, 1977.

Honorable D. Jack Davis of Madison County as a member of the Board of Medical Assistance, for the term of office beginning June 30, 1977 and ending June 30, 1981.

Honorable John B. O'Neal, III, M.D. of Elbert County as a member of the Composite State Board of Medical Examiners,' for the term of office beginning August 12, 1977 and ending September 1, 1980.

1796

JOURNAL OF THE SENATE,

Honorable Robert R. Maughan, M.D. of Muscogee County as a mem ber of the Composite State Board of Medical Examiners, for the term of office beginning August 12, 1977 and ending September 1, 1980.
Honorable H. Calvin Jackson, M.D. of Meriwether County as a member of the State Medical Education Board, for the term of office beginning April 27, 1977 and ending April 1,1981.
Honorable David A. Wells, M.D. of Whitfield County as a member of the State Medical Education Board, for the term of office beginning April 27, 1977 and ending April 1, 1981.
The following named persons as members of the Mental Disability Laws Study Commission for terms of office beginning August 10, 1977 and ending December 31, 1977: Ruth H. Gershon of Fulton County; Steven R. Schechter of DeKalb County, Jonathan Zimring of Fulton County.
Honorable A. Brooks Cagle of Hall County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 30, 1978.

Honorable C. O. Templeton of Lowndes County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning- June 30, 1977 and ending June 30, 1980.

Honorable H. Don Williams of Polk County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 30, 1980.

Honorable Jimmy Lester of Richmond County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30,1977 and ending June 30, 1979.

Honorable Virginia Shapard of Spalding County as a member of the State Advisory Council for Mental Health and Mental Retardation, for
the term of office beginning June 30, 1977 and ending June 30, 1979.

Honorable Calvin M. Simpson of Baldwin County as a member of the State Advisory Council for Mental Health and Mental Retardation,
for the term of office beginning June 30, 1977 and ending June 30, 1980.

Honorable Curtis L. Cooper, III of Bibb County as a member of the
State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 30, 1978.

Honorable Albert L. Cardwell of Bibb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 30, 1980.

Honorable Othniel W. McGehee of Bibb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for
the term of office beginning June 30, 1977 and ending June 30, 1980.

TUESDAY, FEBRUARY 28, 1978

1797

Honorable Dallas D. Cason of Bryan County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 30, 1978.

Honorable J. Ebb Duncan of Carroll County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 30, 1979.
Honorable Ben H. Portman of Chatham County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 30, 1980.

Honorable John R. Curtis of Clarke County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 30, 1980.
Honorable John D. Furman, Jr. of Cobb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 30, 1978.
Honorable Donald Devis of DeKalb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 30, 1978.
Honorable Larry D. Early of DeKalb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 30, 1978.
Honorable Allan W. Gurley of DeKalb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 30, 1978.

Honorable Michael W. Morris of DeKalb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 3'0, 1978.

Honorable Joe Burton of DeKalb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 30, 1979.

Honorable Eleanor Richardson of DeKalb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 30, 1979.

Honorable James A. Mackay of DeKalb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginnnig June 30, 1977 and ending June 30, 1980.

Honorable Glenn A. Vergason of DeKalb County as a member of the State Advisory Council for Mental Health and Mental Retardation,
for the term of office beginning June 30, 1977 and ending June 30, 1980.

1798

JOURNAL OP THE SENATE,

Honorable Carolyn B. Gregory of Dooly County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 30, 1980.
Honorable Allan W. Russell of Dougherty County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 30, 1980,

Honorable Betty P. Spence of Dougherty County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 30, 1980.

Honorable Yvonne Bankston of Fulton County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 30, 1978.
Honorable J. W. Pinkston of Fulton County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 30, 1978.
Honorable Deedy Bartenfeld of Fulton County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 30, 1980.
Honorable Beverly Long of Fulton County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 30, 1980.
Honorable Peter N. Mayfield of Fulton County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977 and ending June 30, 1980.

Honorable Alton P. Draughon of Dooly County as a member of the Board of Natural Resources, for the term of office beginning May 19, 1977 and ending January 1, 1984.

Honorable Dolan E. Brown, Jr. of Emanuel County as a member of the Board of Natural Resources, for the term of office beginning May 19, 1977 and ending January 1, 1984.

Honorable Frances H. Evans of Bibb County as a member of the Board of Nursing, for the term of office beginning April 11, 1977 and
ending September 23, 1979.

Honorable Jimmy L. Chastain of Cherokee County as a member of the Board of Nursing, for the term of office beginning April 11, 1977 and ending September 23, 1979.

Honorable Harley C. Morrison of Chatham County as a member of the Georgia State Board of Nursing Home Administrators, for the term
of office beginning October 26, 1977 and ending October 26, 1980.

TUESDAY, FEBRUARY 28, 1978

1799

Honorable Selena D. Dunn of DeKalb County as a member of the
Georgia State Board of Nursing Home Administrators, for the term of office beginning October 26, 1977 and ending December 29, 1979.

Honorable Sylvia F. Andrews of DeKalb County as a member of the Georgia State Board of Nursing Home Administrators, for the term of office beginning October 26, 1977 and ending December 29, 1979.

Honorable Harvey R. Bauguess of Fulton County as a member of
the Georgia State Board of Nursing Home Administrators, for the term of office beginning October 26, 1977 and ending June 4, 1978.

Honorable George F. Greene, M.D. of Hancock County as a member of the Georgia State Board of Nursing Home Administrators, for the term of office beginning October 26, 1977 and ending December 29, 1979.

Honorable C. O. Templeton of Lowndes County as a member of the Georgia State Board of Nursing Home Administrators, for the term of office beginning October 26, 1977 and ending December 29, 1979.

Honorable Paula M. Bingham of Lumpkin County as a member of
the Georgia State Board of Nursing Home Administrators, for the term of office beginning October 26, 1977 and ending December 29, 1979.

Honorable James R. Westberry of Spalding County as a member of the Georgia State Board of Nursing Home Administrators, for the term
of office beginning October 26, 1977 and ending December 29, 1979.

Honorable Solomon Nixon of Tift County as a member of the Georgia
State Board of Nursing Home Administrators, for the term of office beginning October 26, 1977 and ending October 26, 1980.

Honorable Edwin S. Varner, Jr. of Houston County as a member of
the Board of Offender Rehabilitation, for the term of office beginning November 30, 1977 and ending November 27, 1981.

Honorable Lynthia W. Miller of Richmond County as a member of the Board of Offender Rehabilitation, for the term of office beginning November 30,1977 and ending January 25,1980.

Honorable L. Wayne Brown, O.D. of Carroll County as a member
of the Georgia State Board of Examiners in Optometry, for the term of office beginning December 12, 1977 and ending September 9, 1980.

Honorable I. Dell Engram, Jr., O.D. of Fulton County as a member of the Georgia State Board of Examiners in Optometry, for the term
of office beginning December 12, 1977 and ending September 9, 1980.

Honorable Stephen E. Sanford of Chatham County as a member of the State Board of Dispensing Opticians, for the term of office beginning December 19, 1977 and ending March 16, 1981.

1800

JOURNAL OF THE SENATE,

Honorable John C. Eldridge of Fulton County as a member of the State Board of Dispensing Opticians, for the term of office beginning
December 19, 1977 and ending March 16, 1979.

Honorable W. Jennings Murphy of Richmond County as a member of the State Board of Dispensing Opticians, for the term of office begin ning December 19, 1977 and ending March 16, 1980.

Honorable James Donald Hawk of Bulloch County as a member of the Professional Standards Commission, for the term of office beginning November 28, 1977 and ending October 14, 1982.
Honorable Joyce Ann Brown of Cobb County as a member of the Professional Standards Commission, for the term of office beginning November 28, 1977 and1 ending June 30, 1979.

Honorable Betty Houston of Early County as a member of the Professional Standards Commission, for the term of office beginning November 28, 1977 and ending October 14, 1982.

Honorable Gwendolyn Mundy of Hall County as a member of the Professional Standards Commission, for the term of office beginning November 28, 1977 and ending October 14, 1982.
Honorable C. H. Morse of Peach County as a member of the Pro fessional Standards Commission, for the term of office beginning No vember 28, 1977 and ending October 14, 1982.

Honorable N. Arvidi Vasenden, D.P.M. of Clarke County as a mem ber of the State Board of Podiatry Examiners, for the term of office beginning May 30, 1977 and ending May 5, 1978.

Honorable Glenn Dowling, D.P.M. of Dougherty County as a member of the State Board of Podiatry Examiners, for the term of office begin
ning May 30, 1977 and ending May 5, 1979.

Honorable A. R. Pitts, Jr., D.P.M. of Lowndes County as a member of the State Board of Podiatry Examiners, for the term of office begin ning May 3'0, 1977 and ending May 5, 1980.

Honorable Lawrence E. Mahany of Chatham County as a member of the Georgia Peace Officers Standards and Training Council, for the term of office beginning April 7, 1977 and ending July 1, 1980.

Honorable Louis Graham of DeKalb County as a member of the Georgia Peace Officers Standards and Training Council, for the term of office beginning April 1, 1977 and ending July 1, 1980.

Honorable Vivian Ann Underwood of DeKalb County as a member of the Georgia Peace Officers Standards and Training Council, for the term of office beginning April 7, 1977 and ending April 7, 1981.

TUESDAY, FEBRUARY 28, 1978

1801

Honorable James Edward Bearing of Fulton County as a member
of the Georgia Peace Officers Standards and Training Council, for the term of office beginning April 7, 1977 and ending April 7, 1981.

Honorable Charles Kent of Tift County as a member of the Georgia
Peace Officers Standards and Training Council, for the term of office beginning April 7, 1977 and ending July 1, 1978.

Honorable Merrill A. Greathouse of Upson County as a member of
the Georgia Peace Officers Standards and Training Council, for the term of office beginning April 7, 1977 and ending July 1, 1977.

Honorable Edward H. Burruss of Cobb County as a member of the Board of Public Safety, for the term of office beginning April 20, 1977 and ending January 20, 1980.
Honorable Winston B. Brock of Decatur County as a member of the Georgia Ports Authority, for the term of office beginning August 11, 1977 and ending June 30, 1981.
Honorable H. Baxter Harcourt of Muscogee County as a member of the Georgia Ports Authority, for the term of office beginning August 11, 1977 and ending June 30, 1981.

Honorable J. Frank Clark of DeKalb County as a member of the State Boards of Examiners and Psychologists, for the term of office beginning April 18, 1977 and ending January 7, 1981.
Honorable Charles B. Hackney of DeKalb County as a member of the Board of Physical Therapy, for the term of office beginning November 30, 1977 and ending August 30, 1978.

Honorable Eugene L. Argo of DeKalb County as a member of the Georgia State Board of Pharmacy, for the term of office beginning November 30, 1977 and ending November 1, 1982.

Honorable Jeanelle T. Edwards of Dougherty County as a member of the Board of Physical Therapy, for the term of office beginning No vember 30, 1977 and ending August 30, 1979.

Honorable Glory Y. Sanders of Fulton County as a member of the Board of Physical Therapy, for the term of office beginning November 30, 1977 and ending August 30, 1980.

Honorable Frances A. Curtiss of Fulton County as a member of the Board of Physical Therapy, for the term of office beginning November 30, 1977 and ending August 30, 1978.

Honorable Patricia S. Costen of Richmond County as a member of the Board of Physical Therapy, for the term of office beginning Novenv-
ber 30,1977 and ending August 30,1979.

1802

JOURNAL OP THE SENATE,

Honorable Mobley Howell of Early County as a member of the State Board of Pardons and Paroles, for the term of office beginning November 14, 1977 and ending January 1, 1978.

Honorable Mobley Howell of Early County as a member of the State Board of Pardons and Paroles, for the term of office beginning January 11, 1978 and ending January 1, 1985.

Honorable Boyd D. Sisson of Richmond County as a member of the State Board of Examiners of Psychologists, for the term of office be ginning April 18, 1977 and ending March 27, 1981.

Honorable Edward J, Bartlett of Chatham County as a member of the Board of Trustees of the Subsequent Injury Trust Fund, for the
term of office beginning September 6, 1977 and ending July 1, 1982.

Honorable Janis S. Murray of Clarke County as a member of the Board of Trustees of the Subsequent Injury Trust Fund, for the term of office beginning September 6, 1977 and ending July 1, 1980.

Honorable James C. Thompson of Coweta County as a member of the Board of Trustees of the Subsequent Injury Trust Fund, for the term of office beginning September 6, 1977 and ending July 1, 1983.

Honorable Nathan B. Nolan of DeKalb County as a member of the Board of Trustees of the Subsequent Injury Trust Fund, for the term of
office beginning September 6, 1977 and ending July 1, 1981.

Honorable James A. Neal, Sr. of Stephens County as a member of the Board of Trustees of the Subsequent Injury Trust Fund, for the term of office beginning September 6, 1977 and ending July 1, 1979.

Honorable W. R. Neal, Jr. of Clarke County as a member of the Board of Examiners on Speech Pathology and Audiology, for the term of office beginning March 16, 1977 and ending June 24, 1979.

Honorable John C. Bess of Fulton County as a member of the Board of Examiners on Speech Pathology and Audiology, for the term of office
beginning December 16, 1977 and ending June 24, 1980.

Honorable Julia W. Hand of Fulton County as a member of the Board of Examiners on Speech Pathology and Audiology, for the term of office beginning December 16, 1977 and ending June 24, 1980.

Honorable LaRae Bennett of Lowndes County as a member of the Board of Examiners on Speech Pathology and Audiology, for the term of office beginning March 16, 1977 and ending June 24, 1979.

Honorable Paul C. Broun of Clarke County as a member of the Board of Control for Southern Regional Education, for the term of office beginning June 30,1977 and ending June 30,1980.

TUESDAY, FEBRUARY 28, 1978

1803

Honorable Herbert B. Henderson of Clarke County as a member of
the State Board of Examiners for Registered Professional Sanitarians, for the term of office beginning November 22,1977 and ending November 22, 1979.

Honorable Thomas W. McKinley of Gwinnett County as a member of the State Board of Examiners for Registered Professional Sanitarians, for the term of office beginning November 22, 1977 and ending November 22, 1979.

Honorable John R. Rogers of Laurens County as a member of the State Board of Examiners for Registered Professional Sanitarians, for the term of office beginning November 22, 1977 and ending November 22, 1978.

Honorable Joseph W. Mclntosh of Muscogee County as1 a member of the State Board of Examiners for Registered Professional Sanitarians,
for the term of office beginning November 22, 1977 and ending November 22, 1980.

Honorable Walter S. Lanter of Peace County as a member of the State Board of Examiners for Registered Professional Sanitarians, for the term of office beginning November 22, 1977 and ending November 22, 1980.

Honorable J. Lewis Tinley of Rockdale County as a member of the State Board of Examiners for Registered Professional Sanitarians, for the term of office beginning November 22, 1977 and ending November 22, 1980.

Honorable Dorman A. Collins of Muscogee County as a member of the State Board of Examiners for Registered Professional Sanitarians, for the term of office beginning November 22, 1977 and ending Novem ber 22, 1978.

Honorable Garland Thompson of Coffee County as a member of the State Soil and Water Conservation Committee, for the term of office
beginning September 19, 1977 and ending January 1, 1982.

Honorable H. Crawford Hewell of Fayette County as a member of the State Soil and Water Conservation Committee, for the term of office
beginning September 19, 1977 and ending January 1, 1980.

Honorable Amon L. Corn of Forsyth County as a member of the State Soil and Water Conservation Committee, for the term of office beginning September 19, 1977 and ending January 1, 1979.

Honorable Frank O. Crawford of Polk County as a member of the State Soil and Water Conservation Committee, for the term of office beginning September 19, 1977 and ending January 1, 1978.

1804

JOURNAL OF THE SENATE,

Honorable J. Frank Murrah of Stewart County as a member of the State Soil and Water Conservation Committee, for the term of office
beginning September 19, 1977 and ending- January 1, 1981.

Honorable Susan W. Anthony of Gwinnett County as a member of the Stone Mountain Memorial Association, for the term of office begin ning May 23, 1977 and ending February 24, 1979.

Honorable June B. Barnes of Fulton County as a member of the Troubled Children Study Committee, for the term of office beginning April 18, 1977 and ending December 31, 1977.

Honorable Victor A. Gregory of Cobb County as a member of the Troubled Children Study Committee, for the term of office beginning
April 18, 1977 and ending December 31, 1977.

Honorable Cheatham E. Hodges, Jr. of Richmond County as a mem ber of the Troubled Children Study Committee, for the term of office
beginning April 18, 1977 and ending December 31, 1977.

Honorable Josephine F. Wilkes of Glynn County as a member of the Troubled Children Study Committee, for the term of office beginning April 18, 1977 and ending December 31, 1977.

Honorable J. H. Sharman, D.V.M. of Dougherty County as a member of the Board of Veterinary Medicine, for the term of office beginning June 30, 1977 and ending September 16, 1981.

Honorable R. D. Smith, Jr. of Stephens County as a member of the State Board of Veterans Service, for the term of office beginning April
29, 1977 and ending April 1, 1984.

Honorable James W. Paris of Barrow County as a member of the State Board of Workmen's Compensation, for the term of office beginning
July 1,1977 and ending May 1,1981.

Honorable E. Earl Mallard of Walton County as Chairman of the State Board of Workmen's Compensation, for the term of office begin
ning May 12, 1977 and ending May 1,1981.

Honorable L. C. Harrison of Cobb County as a member of the State Board of Examiners for Certification of Water and Waste-water Treat ment Plant Operators, for the term of office beginning September 7,
1977 and ending August 17, 1979.

Honorable James C. Fincher of Floyd County as a member of the State Board of Examiners for Certification of Water and Waste-water Treatment Plant Operators, for the term of office beginning September 7, 1977 and ending August 17, 1980.

Honorable J. Harry Simmons of Spalding County as a member of the State Board of Examiners for Certification of Water and Waste-water

TUESDAY, FEBRUARY 28, 1978

1806

Treatment Plant Operators, for the term of office beginning September 7,1977 and ending August 17,1981.

The following named persons as members of the Commission on the Status of Women for terms beginning October 3, 1977 and serving at the Pleasure of the Governor: Joyce Schafer of Bibb County; Don-is Holmes of Fulton County; Mildred Dadisman of Muscogee County; Lynthia Miller of Richmond County.

Honorable Sam Ayoub of Fulton County as a member of the Geo. L. Smith, II World Congress Center Authority, for the term of office beginning November 30, 1977 and ending April 1, 1981.

Honorable William E. Strickland of Fulton County as State Revenue
Commissioner, for the term of office beginning November 7, 1977 and serving at the Pleasure of the Governor.

Honorable Joseph M. Cheshire of DeKalb County as Assistant Ad jutant General for Air, for the term of office beginning July 14, 1977
and serving at the Pleasure of the Governor.

Honorable David Poythress of DeKalb County as Commissioner of
Medical Assistance, for the term of office beginning May 20, 1977 and serving at the pleasure of the Governor.

Honorable Clark Stevens of Fulton County as Director of the Office of Planning and Budget, for the term of office beginning April 28, 1977
and serving at the Pleasure of the Governor.

Honorable John C. Hunsucker of Cobb County as Administrator of the Interstate Compact on Juveniles, for the term of office beginning
April 8, 1977 and serving at the Pleasure of the Governor.

Honorable Hollis Q. Lathem of Cherokee County as a member of
the State Board of Education, for the term of office beginning February 21, 1978 and ending January 1, 1985.

Honorable George W. Patton, Jr. of Fayette County as a member of the Board of Veterinary Medicine, for the term of office beginning February 22, 1978 and ending September 16, 1982.

Honorable William T. Whatley of Toombs County as Judge of the State Court of Toombs County, for the term of office beginning August 18, 1977 and ending January 1, 1981.

Honorable Ronald F. Adams of Glynn County as Judge of the State Court of Glynn County for the term of office beginning January 1, 1978 and ending January 1, 1981.

Honorable Jerry Rhea of DeKalb County as a member of the Georgia Board of Athletic Trainers, for the term of office beginning February 24, 1978 and ending on January 31, 1978.

1806

JOURNAL OF THE SENATE,

Honorable Leonidas S. Epps, Jr. of Pulton County as a member of the Board of Athletic Trainers, for the term of office beginning February 24, 1978 and ending on January 31, 1980.

Honorable Fred L. Allman, Jr., M.D. of Fulton County as a member of the Board of Athletic Trainers, for the term of office beginning February 24, 1978 and ending January 31, 1982 .

Honorable Jerry Rhea of DeKalb County as a member of the Geor gia Board of Athletic Trainers, for the term of office beginning February 24, 1978 and ending January 31, 1984.

Sincerely, Is/ George Busbee

Senator Holloway of the 12th, President Pro Tempore, assumed 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 579. By Representatives Buck of the 95th and Lambert of the 112th:
A bill to amend an Act relating to the tax imposed upon motor carriers for the privilege of using the streets and highways of this State, as amended, so as to provide for deducting accrued credits. Senate Sponsor: Senator Starr of the 44th.

The Senate Committee on Transportation offered the following amendment:
Amend HB 579 by striking on Page 2, lines 21 through 25 in their entirety, and inserting in lieu thereof the following:
"thereunder. The Commissioner shall not issue a registration card or an identification marker to any motor carrier who has out standing motor carrier, motor fuel, sales or income tax liabilities to this State unless such liabilities are being appealed as provided by law."

On the adoption of the amendment, the yeas were 31, nays 0, and the amend ment was adopted.

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

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

TUESDAY, FEBRUARY 28, 1978

1807

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 Hill Howard Hudgins Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Coverdell Duncan Holloway (presiding)

Hudson Russell

Timmons Traylor

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

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

HB 1289. By Representatives Burton of the 47th, Patten of the 146th, Smith of the 42nd and others:
A bill to amend Code Chapter 34-7, relating to election districts and polling places so as to provide for the selection, where practicable, of polling places which are accessible to handicapped voters. Senate Sponsor: Senator Bell of the 5th.

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

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 Dean of 31st

1808
Doss Eldridge English Evans Fincher Foster Gillis Greene Hill Howard Hudgins Johnson

JOURNAL OP THE SENATE,

Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Robinson Scott Shapard

Starr Stephens Stumbaugh Summers Button Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th (excused conferee) Coverdell Duncan

Holloway (presiding) Hudson Riley

Russell Timmons Traylor

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

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

HB 1356. By Representative Hatcher of the 131st:
A bill to amend Code Section 92-3108, relating to the definition of Internal Revenue Code of 1954 for purposes of income taxation, so as to change certain definitions; to provide an effective date. Senate Sponsor: Senator Starr of the 44th.

The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to HB 1356:
A BILL
To be entitled an Act to amend Code Chapter 92-31, relating to imposition, rate and computation of income tax, so as to change certain provisions relating to deductions from Federal adjusted gross income; to change the definition of "Internal Revenue Code of 1954"; 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 92-31, relating to imposition, rate and com putation of income tax, is hereby amended by striking subsection (a) of Code Section 92-3107 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

TUESDAY, FEBRUARY 28, 1978

1809

"(a) Georgia taxable net income of an individual shall be the. taxpayer's Federal adjusted gross income, as defined in the United
States Internal Revenue Code of 1954, less.

(1) either the sum of all itemized nonbusiness deductions, if the taxpayer itemized nonbusiness deductions in computing Federal taxable income, or if the taxpayer could not or did not itemize
nonbusiness deductions, then the standard deduction allowed under
the provisions of the United States Internal Revenue Code of 1954,
in force and effect on January 1, 1974, and

(2) the exemptions provided for in Section 92-3106, with the ad justments provided for in subsection (b)."

Section 2. Said Code Chapter is further amended by striking from Code Section 92-3108, wherever the same appears, the following:
"1977",

and substituting in lieu thereof the following: "1978",

so that when so amended Code Section 92-3108 shall 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, 1978, 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, 1978, unless otherwise provided in this Chapter."
Section 3. 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, 19*78.
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 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:

1810

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 Howard Hudgins Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Riley Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Duncan Holloway (presiding)

Hudson Robinson

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.

HB 1367. By Representatives Johnson of the 72nd and Mann of the 13th:
A bill to amend an Act establishing the State Employees' Retirement System so as to change the retirement requirements and benefits for certain State personnel. Senate Sponsor: Senator Thompson of the 32nd.

The following fiscal note, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS
115 State Capitol Atlanta, Georgia 30334

January 30,1978

MEMORANDUM

TO:

The Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark Stevens, Director, Office of Planning and Budget

SUBJECT: Fiscal Note--House Bill 1367 Employees' Retirement System

This Bill would require that agents and officers of the Special Investigative Unit of the Department of Revenue retire at age 55,

TUESDAY, FEBRUARY 28, 1978

1811

unless granted a waiver of the mandatory retirement age as provided for . by this Bill. Such agents and officers retiring under the provisions of this Bill would be eligible for a monthly retirement benefit of not less than 2% of their average monthly salary over eight consecutive calendar quarters for each year of creditable service.

This Bill would cost $1,079 annually (based on current salaries) to cover the three employees currently affected by its provisions. The Retirement Systems' actuary estimates that the employer contribution rate for these employees only would need to be raised 2%% to offset these additional costs. The System's Board of Trustees is authorized to make increases in the Department of Revenue's employer contri bution rate up to 15% of the earnable compensation of all contributing members (Ga. Laws, 1974, P.P. 1210', 1211). The necessary 2%% in crease would raise the employer contribution rate for this group of em ployees from 1Vz% to 10%, not including .5% for group term life insurance.

/s/ William M. Nixon State Auditor
/s/ C. T. Stevens, 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 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 Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Walker Wessels

Those voting in the negative were Senators:

Ballard Broun of 46th

Scott

Tysinger

1812

JOURNAL OF THE SENATE,

Those not voting were Senators:

Banks Duncan

Holloway (presiding) Hudson

Traylor

On the passage of the bill, the yeas were 47, nays 4.

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

The President resumed the Chair.

HB 1382. By Representatives Triplett of the 128th, Scott of the 123rd, Kemp of the 139th and others:
A bill to amend Code Title 45, known as the "Game and Pish Code", so as to change the provisions relative to shrimping and to provide ad ditional requirements in connection therewith; to change the provisions relative to certain licenses; to provide for certain additional licenses; to change provisions relative to certain bonds.
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 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 Russell Scott Shapard Starr Stephens Stumbaugh Summers Thompson Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Bond Dean of 6th

Eldridge Hudgins

Sutton Tate

TUESDAY, FEBRUARY 28, 1978

1813

Those not voting were Senators:

Duncan

Robinson

Traylor

On the passage of the bill, the yeas were 47, nays 6.

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

HB 1390. By Representatives Williamson of the 45th, Hatcher of the 131st, Karrh of the 106th and others:
A bill to amend Code Section 92-3106, relating to personal exemptions for income tax purposes, so as to authorize multiple support agreements for determining entitlement to certain dependency exemptions; to provide for application. 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 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 Hudgins Hudson Johnson
Kennedy
Kidd
Langford
Lester
McGill
Overby
Paulk
Pearce

Reynolds Riley Robinson Russell Scott Shapard Stephens Stumbaugh Summers
Sutton
Tate
Thompson
Timmons
Turner
Walker
Wessels

Those not voting were Senators:

Ballard Duncan

Holloway Starr

Traylor Tysinger

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

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JOURNAL OF THE SENATE,

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

HB 1401. By Representative Williamson of the 45th:
A bill to impose withholding and estimated taxes to aid in the collec tion of the income tax imposed by law upon individuals so as to remove an exclusion of remuneration paid for active service as a member of the armed forces from the meaning of the word "wages", as used in the Act. 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 Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English

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

Those not voting were Senators:

Brantley Fincher

Russell Timmons

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

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

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

HB 1419. By Representatives Hawkins of the 50th, Bray of the 70th, Steinberg of the 46th 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 that no person

TUESDAY, FEBRUARY 28, 1978

1815

who holds elective public office shall be eligible to serve as a member of any board of elections during the term of such elective office and that the position of any board of elections member shall be deemed vacant upon such member qualifying as a candidate for elective public office.
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 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 Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Those not voting were Senators:

Allgood Bond Coverdell Duncan

Hudson Riley Stumbaugh Timmons

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

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

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

The following bill of the Senate was taken up for the purpose of considering the House action thereto:

SB 437. By Senators Starr of the 44th, Doss of the 52nd and Sutton of the 9th:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, as amended, so as to provide for the inactive status of the license of the Real Estate Commissioner and all other employees of the Commission; to provide for additional grounds for revocation of real estate licenses.

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JOURNAL OP THE SENATE,

The House amendment was as follows:
Amend SB 437 as follows:
By inserting in the title after the word and semicolon "licenses;" on line 6 of Page 1, the following:
"to change the provisions relating to the licensing of associate brokers; to change the provisions relating to qualifications of as sociate brokers;".
By renumbering Sections 3 through 9 as Sections 4 through 10, respectively.
By adding a new Section 3, to read as follows:
"Section 3. Said Code Chapter is further amended by adding at the end of subsection (b) of Code Section 84-1411, the following:
'Notwithstanding any other provisions of this subsection to the contrary, any person who has been a licensed salesman for at least eight years and who meets the requirements of subsection (a) above shall be issued an associate broker's license upon the recom mendation of another licensed broker with whom such person shall be employed or with whom such person forms a partnership or corporation; and provided, further, that upon the dissolution of the employment, partnership or corporation relationship between the broker and associate broker, such associate broker's license shall become null and void.' "

Senator Starr of the 44th moved that the Senate disagree to the House amend ment to SB 437.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 437.

Senator Fincher of the 54th introduced the doctor of the day, Dr. Don Thomas, of Dalton, Georgia.

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

HB 1505. By Representatives Mann, Clark and Milford of the 13th and others:
A bill to amend Code Chapter 45-3, relating to hunting, fishing and trapping licenses, so as to change the provisions relating to nonresident big game licenses; to change by whom such licenses may be issued and sold, and the fees received therefor; to require certain specifications on such licenses and restrict the issuance of sale of such licenses according to certain quotas to be established by the Department.
Senate Sponsor: Senator McGill of the 24th.

TUESDAY, FEBRUARY 28, 1978

1817

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

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 Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Duncan Eldridge English Evans Fincher

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

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

Those voting in the negative were Senators:

Barnes Dean of 31st

Doss Howard

Langford

Those not voting were Senators:

Bell
Broun of 46th (excused conferee)

Hudson Timmons

Traylor Walker

On the passage of the bill, the yeas were 45, nays 5.

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

Senator Langord of the 51st gave notice that, at the proper time, he would move that the Senate reconsider its action in passage HB 1505.

HB 1543. By Representatives Rainey of the 135th and Peters of the 2nd:
A bill to amend an Act enacting the Game and Fish Code so as to provide for changes in certain definitions; to provide authority for rules and regulations relating to times, places, numbers, species and sizes. Senate Sponsor: Senator Gillis of the 20th.

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JOURNAL OF THE SENATE,

The Senate Committee on Natural Resources and Environmental Quality of fered the following substitute to HB 1543:
A BILL
To be entitled an Act to amend Code Title 45, known as the "Game and Fish Code," so as to provide for changes in certain definitions; to provide authority for rules and regulations relating to times, places, numbers, species and sizes; to change the provisions relative to con servation rangers; to make certain provisions applicable only to certain deputy conservation rangers; to change the provisions relative to wildlife technicians; to make it unlawful to hunt, trap or fish except at the times and places established by law or rules and regulations; to make it unlawful for a person to hunt on lands of another without written permission; to provide for exceptions; to provide for enforcement; to make it unlawful to hunt, trap or fish after obtaining the bag or creel limit for a species; to make certain changes regarding nongame species; to provide for additional penalties for hunting deer at night after a certain date; to delete the requirement that a firearm or bow and arrow be cased in a management area; to make certain changes regarding bonded and cash license agents; to authorize nonresidents to hunt on their land owned in this State under certain circumstances; to require trout stamps in certain waters; to make certain changes regarding commercial fishing boat licenses; to make certain changes in the names of licenses; to make certain changes pertaining to commercial saltwater fishing licenses; to provide that creel limits are not applicable at licensed catch-out ponds; to change the provisions relative to taxider mists; to make certain provisions inapplicable to game fish; to make certain changes relating to game-holding permits; to make certain changes relating to wildlife exhibition permits; to make certain changes regarding wildlife storage permits; to make certain changes regarding falconry; to provide for license or permit revocation, denial, suspension or nonrenewal in certain instances; to require a wildlife importation permit, a federal migratory bird stamp, and a field and retriever trial permit; to make certain changes pertaining to hunting hours; to make certain changes pertaining to legal weapons; to correct the titles of certain Sections; to amend the Section relating to hunting while under sail or motor or while in motion; to make it unlawful to possess more than certain bag limits at certain places; to train hunting dogs; to change certain provisions relating to the killing of dogs running deer; to make certain changes relating to the taking and sale of game fish; to make certain changes relating to creel and possession limits; to make certain changes relating to trout waters and streams; to provide for certain possession limits in connection with certain reciprocal agree ments; to make certain changes relating to commercial shad fishing; to make certain changes in the Section dealing with fish dealers; to make certain changes regarding the use of seines in salt water and to provide for an additional penalty in connection therewith; to make certain changes in the Section pertaining to commercial saltwater fishing gear; to provide for a definition of adult eels; to make certain changes relating to wild animals; to provide for other matters relative to the foregoing; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

TUESDAY, FEBRUARY 28, 1978

1819

Section 1. Code Title 45, known as the "Game and Fish Code," is hereby amended by deleting in subsection 45-102(33) after the word "import" and before the words "fish dealer" the word:

"wholesale",

and by placing a period after the words "fish eggs into this State" and deleting the remainder of said subsection which reads as follows:

"for the purpose of stocking or restocking any of the fresh waters of this State or the transporting into this State of fish to be used as freshwater bait, either in or outside of this State, where any or all of the foregoing are to be sold or furnished to others for the purpose of resale.",

so that when amended, subsection 45-102(33) shall read as follows:

"(33) 'Import fish dealer' means any person engaged in trans porting live fish or fish eggs into this State."

Section 2. Said Code Title is further amended by deleting the word "hunting" in subsection 45-102(37), so that when amended said sub section shall read as follows:

"(37) 'Night' means between the hours of thirty (30) minutes after sunset and thirty (30) minutes before sunrise."

Section 3. Said Code Title is further amended by deleting in sub section 45-102(50) the following:

"for the purpose of stocking or restocking any fresh waters of this State or the purchasing, raising, propagating, breeding or acquisition of fish to be used as freshwater bait, either in or outside this State, where any or all the foregoing are",

and by deleting the period and adding at the end of said subsection the phrase:

"or for aquaria.",

so that when amended subsection 45-102 (50) shall read as follows:

"(50) 'Retail fish dealer' means any person engaged in the purchasing, raising, propagating, breeding or other acquisition or possession of live fish or fish eggs to be sold or furnished to others for use thereby, other than for resale or for aquaria."

Section 4. Said Code Title is further amended by deleting the period at the end of subsection 45-102(60) and inserting in lieu thereof the following:

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JOURNAL OP THE SENATE,

", and specifically includes any vertebrate or invertebrate of the Animal Kingdom which is a hybrid or cross between a wild animal and a domestic species.",
so that when amended subsection 45-102(60) shall read as follows:
"(60) 'Wild animal' means any vertebrate or invertebrate of the Animal Kingdom which is not normally a domestic species in this State, and specifically includes any vertebrate or invertebrate of the Animal Kingdom which is a hybrid or cross between a wild animal and a domestic species."
Section 5. Said Code Title is further amended by deleting the period at the end of subsection 45-102(61) and inserting in lieu thereof the following:
"or who offers any wild animal for sale to the public.",
so that when amended subsection 45-102(61) shall read as follows:

"(61) 'Wild animal retail dealer' means any person who imports, transports or possesses any wild animal for the purpose of sale to the public or who offers any wild animal for sale to the public."
Section 6. Said Code Title is further amended by deleting in sub section 45-102(64) the following:
"for the purpose of stocking or restocking any fresh waters of this State, or the purchasing, raising, propagating, breeding or other acquisition of fish to be used as freshwater bait, either in or outside this State, where any or all of the foregoing are",
and by deleting the period at the end of said subsection and inserting:

"or aquaria.",

so that when amended subsection 45-102(64) shall read as follows:

"(64) 'Wholesale fish dealer' means any person engaged in the purchasing, raising, propagation, breeding or acquisition or pos session of live fish or fish eggs to be sold or furnished to others for the purpose of resale or aquaria."

Section 7. Said Code Title is further amended by inserting between
the words "regulate the" and before the word "manner" in subsection 45-103 (b), the following words:

"times, places, numbers, species, sizes,", so that when amended subsection 45-103(b) shall read as follows:

TUESDAY, FEBRUARY 28, 1978

1821

"(b) Promulgation of all rules and regulations necessary for the administration of this Title, including but not limited to rules and regulations to regulate the times, places, numbers, species, sizes, manner, method, ways, means and devices of killing, taking, capturing, transporting, storing, selling, using and consuming wildlife and to carry out the provisions of this Title, and rules and regulations requiring daily use permits, for a fee not to exceed one dollar ($1.00), for the privilege of hunting and fishing in designated streams, lakes or game management areas."

Section 8. Said Code Title is further amended by deleting in its entirety Section 45-116, relating to conservation rangers, and inserting in lieu thereof a new Section 45-116 to read as follows:

"45-116. Conservation Rangers. The Board shall have the power to adopt rules and regulations concerning qualifications, appoint ments, badge, oath of office and other matters pertaining to a uniformed division to be known as conservation rangers. Provided, however, all such conservation rangers shall be at least twenty-one (21) years of age. The Board, by rule and regulation, shall designate the various classes of employees to be included within said uniformed division of conservation rangers including, but not limited to, the Commissioner and other supervisory personnel; provided, however, that the Commissioner and the Director of the Division of Game and Fish shall be excluded from the classified service under the State Merit System of Personnel Administration as provided for in an Act approved March 13, 1975 (Ga. Laws 1975, p. 79). The Commis sioner shall have the power to appoint conservation rangers of the State at large, of such number as may be necessary to carry out the duties assigned to them, who shall be charged with the law enforcement responsibilities pertaining to the Department. Pro vided, further, however, beginning with fiscal year 1979, the mem bers of the Uniformed Division of Conservation Rangers shall consist of and be compensated at the following position classifications and pay grades, or the equivalent of such pay grades:

Ranger Corporal Sergeant Lieutenant Captain Major Lieutenant Colonel Colonel

Pay Grade 15 Pay Grade 16 Pay Grade 17 Pay Grade 18 Pay Grade 19 Pay Grade 21 Pay Grade 22 Pay Grade 24

The above members of the Uniform Division of Conservation Rang ers, being in the classified service under the State Merit System of Personnel Administration, shall be subject to the rules and regulations of such system except as provided herein and the com pensation for such pay grade, or the equivalent of such pay grades, shall not be reduced. Provided further, however, except for dis ciplinary action, no conservation ranger shall be involuntarily reas signed to a position classification and pay grade, or the equivalent

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JOURNAL OF THE SENATE,

of such pay grade, lower than that held by such conservation ranger on January 1, 1978. Provided further, however, if personal services funds are not appropriated to the Department for the fiscal year 1979 over and above that amount necessary to maintain the fiscal year 1978 level of regular positions and labor, taking into account any normal increases plus any special cost-of-living increases that may be provided for by the General Assembly, conservation rangers shall be compensated at the position classification and pay grade, or the equivalent of such pay grade, held by each such conservation ranger on January 1, 1978, rather than being compensated at the position classification and pay grade specified in this Section."

Section 9. Said Code Title is further amended by adding to the second sentence of subsection 45-117 (b) after the word "rangers" and before the word "shall", the following phrase:

"who are not employees of the Department",

so that when amended subsection 45-117 (b) shall read as follows:

"(b) Deputy conservation rangers shall have all or part of the powers and duties of conservation rangers, as assigned by the Board.
Deputy conservation rangers who are not employees of the Depart ment shall receive no compensation for their services. The Board is
hereby authorized to appoint such number of deputy conservation rangers as may be necessary to carry out the duties assigned to
them."

Section 10. Said Code Title is further amended by inserting in sub section 45-117(c) after the word "ranger" and before the word "shall" the following phrase:

"who is not an employee of the Department",

so that when amended subsection 45-117(c) shall read as follows:

"(c) Each deputy conservation ranger who is not an employee of the Department shall personally secure a bond of not less than five thousand dollars ($5,000') from a bonding or surety company licensed to transact business in the State of Georgia conditioned upon the faithful performance of his duties, payable to the Depart ment."

Section 11. Said Code Title is further amended by adding at the end of Code Section 45-118 a new subsection to be designated subsection
(e) and to read as follows:

" (e) At the expense of the Department, to assist the Depart ment of Public Safety and the Georgia Bureau of Investigation, in carrying out their duties and responsibilities, when requested to do so by the Department of Public Safety or the Georgia Bureau of
Investigation."

TUESDAY, FEBRUARY 28, 1978

1823

Section 12. Said Code Title is further amended by inserting a new Section to follow present Section 45-120 and to read as follows:

"45-121. Wildlife Technicians. Beginning with fiscal year 1979, wildlife technicians of the Department shall be in the classified service under the State Merit System of Personnel Administration and shall be compensated at the following position classifications and pay grades or the equivalent of such pay grades:

Wildlife Technician I Wildlife Technician II Wildlife Technician III Wildlife Technician IV

Pay Grade 14 Pay Grade 15 Pay Grade 16 Pay Grade 17

The above wildlife technicians being in the classified service under the State Merit System of Personnel Administration, shall, except as provided herein, be subject to the rules and regulations of such system and the compensation for such pay grades or the equivalent of such pay grades, shall not be reduced. Provided, however, except for disciplinary action, no wildlife technician shall be involuntarily reassigned to a position classification and pay grade, or the equivalent of such pay grade, lower than that held by such wildlife technician on January 1, 1978. Provided further, however, if personal services funds are not appropriated to the Department for the fiscal year 1979 over and above that amount necessary to maintain the fiscal year 1978 level of regular positions and labor, taking into account any normal increases plus any special cost-of-living increases that may be provided for by the General Assembly, wild life technicians shall be compensated at the position classifications and pay grades, or the equivalent to such pay grades, held by each such wildlife technician on January 1, 1978, rather than being compensated at the position classifications and pay grades, the equivalent of such pay grades, specified in this Section."

Section 13. Said Code Title is further amended by inserting in subsection 45-201 (d) after the word "creel" and before the words "and possession" the word, "size" and by inserting in said subsection after the word "weapons" and before the word "as" the following:

"and except at such times and places",

so that when amended subsection 45-201 (d) shall read as follows:

" (d) It shall unlawful to hunt, trap or fish except in compliance with the bag, creel, size' and possession limits and except with such legal methods and weapons and except at such times and places as may be established by law or by rules and regulations promulgated by the Board."

Section 14. Said Code Title is further amended by renumbering present subsection 45-201 (e) as subsection 45-201 (i) and by adding a new subsection 45-201 (e) to Section 45-201 after present subsection

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JOURNAL OF THE SENATE,

45-201 (d) and before renumbered subsection 45-201 (f), which new subsection shall read as follows:
"(e) It shall be unlawful to hunt, trap or fish for any game species after having obtained the daily or season bag or creel limit for that species."

Section 15. Said Code Title is further amended by adding two
new sentences at the end of Section 45-202, which new sentences shall read as follows:

"The nongame species enumerated herein may be taken by any method except those specifically prohibited by law or regulation. Provided, however, nothing herein shall be construed to authorize the taking of any species which is protected under the Federal Endangered Species Act of 1973, P.L. 93-205, as amended, or under any State law which has as its purpose the protection of endangered or threatened species.",
so that when amended Section 45-202 shall read as follows:

"45-202. Nongame Species. Except as otherwise provided by law or rule or regulation, it shall be unlawful to hunt, trap, fish, take, possess or transport any nongame species of wildlife except that the following species may be taken to protect crops or live stock, to prevent personal injury, to obtain fish bait or to gather food: rats, mice, groundhogs, beaver, freshwater turtles, poisonous snakes, frogs, spring lizards, fiddler crabs, freshwater crayfish and freshwater mussels. The nongame species enumerated herein may be taken by any method except those specifically prohibited by law or regulation. Provided, however, nothing herein shall be construed to authorize the taking of any species which is protected under the Federal Endangered Species Act of 1973, P.L. 93-205, as amended, or under any State law which has as its purpose the protection of endangered or threatened species."

Section 16. Said Code Title is further amended by deleting from subsection 45-213 (b) the following:

", cased,",

so that when amended subsection 45-213(b) shall read as follows:

"(b) It shall be unlawful for any person to possess any firearm or bow on any public hunting, fishing or game management area owned or operated, or owned and operated, by the Department except during a legal open hunting season for that area and except when such firearms or bow and arrow is unloaded and stored so as not to be readily accessible."

Section 17. Said Code Title is further amended by deleting in its entirety paragraph 4 of subsection 45-301 (b) which reads:

TUESDAY, FEBRUARY 28, 1978

1825

"(4) Keep copies of all licenses sold.",

and inserting in lieu thereof the following:

"(4) Send to the Department copies of all licenses sold."

Section 18. Said Code Title is further amended by deleting in its entirety the second sentence of paragraph 4 of subsection 45-301 (c) which sentence reads:

"Such remittances shall be in the form of a certified check or a United States postal money order.",

so that when amended paragraph 1 of subsection 45-301 (c) shall read as follows:

"(1) Remit to the Department, in advance, the net cost of any licenses ordered for sale."

Section 19. Said Code Title is further amended by deleting in its entirety paragraph 3 of subsection 45-301 (c) which reads:

"(3) Keep copies of all licenses sold.",

and inserting in lieu thereof the following:

"(3) Send to the Department copies of all licenses sold."

Section 20. Said Code Title is further amended by inserting in subsection 45-302(c) between the designation "45-303," and the word "except" the following:

"except as provided in this subsection and",

and by adding at the end of said subsection the following:

"A person not a resident of Georgia who is the owner of at least 50' acres of land in this State may hunt on that land by purchasing the resident hunting license specified in paragraph (1) of subsection 45-303(a), and only for the purpose of hunting on such land such person shall be considered a resident of Georgia.",

so that when so amended said subsection 45-302(c) shall read as follows:
"(c) It shall be unlawful for any person not a resident of Georgia who has attained the age of sixteen (16) years to hunt, fish or trap in this State without a valid nonresident hunting, fish ing or trapping license, respectively, as provided in Section 45-303, except as provided in this subsection and except as otherwise spe cifically provided by law and interstate agreements. It shall be un lawful for any nonresident to hunt, fish or trap without carrying

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JOURNAL OF THE SENATE,

such license on his person, unless otherwise specifically directed by authorized personnel of the Department. A person not a resident of Georgia who is the owner of at least 50 acres of land in this State may hunt on that land by purchasing the resident hunting license specified in paragraph (1) of subsection 45-303(a), and only for the purpose of hunting on such land such person shall be considered a resident of Georgia."

Section 21. Said Code Title is further amended by adding to sub section 45-302 (d) after the word "trout" and before the word "unless" the following phrase:
"or to fish in any waters designated in this Title as trout waters or streams,",

so that when amended subsection 45-302(d) shall read as follows:

"(d) It shall be unlawful for any resident of this State who has attained the age of sixteen (16) years and for any nonresident, regardless of age, to fish for or possess mountain trout or to fish in any waters designated in this Title as trout waters or trout streams, unless such person has in his possession a trout stamp attached to his sport fishing license with the name of such person signed across the face of the stamp."

Section 22. Said Code Title is further amended by inserting in subsection 45-302 (n) between the word "licenses" and the word "shall" the following:
", including commercial fishing boat licenses,",

so that when so amended said subsection shall read as follows:

"(n) Except as otherwise specifically provided, all season hunting, fishing and trapping licenses, including commercial fishing boat licenses, shall be effective from April 1 to March 31 of the following year."

Section 23. Said Code Title is further amended by deleting in subsection 45-303 (g) of paragraph 3, the word:
"wholesale",

so that when amended paragraph 3 of subsection 45-303(g) shall read as follows:
" (3) Import fish Annual $100.00 dealer license".

Section 24. Said Code Title is further amended by deleting in paragraph 5 of subsection 45-303 (g) the word "dealer" and inserting in lieu thereof the word:
"breeder",

TUESDAY, FEBRUARY 28, 1978

1827

so that when amended paragraph 5 of subsection 45-303 (g) shall read as follows:

"(5) Commercial quail Annual $25.00 breeder permit".

Section 25. Said Code Title is further amended by inserting after the word "fee" and before the word "overall", word "in" and by deleting from paragraph 4 of subsection 45-305(b) the following:

"fifty (50) cents per foot or fraction thereof.",

and inserting in lieu thereof the following phrase:

"five dollars ($5.00) plus fifty (50) cents per foot or fraction thereof in excess of eighteen (18) feet.",

so that when amended paragraph 4 of subsection 45-305 (b) shall read as follows:

"(4) All boats, other than trawlers, over eighteen (18) feet in overall length, five dollars ($5.00) plus fifty (50) cents per foot or fraction thereof in excess of eighteen (18) feet."

Section 26. Said Code Title is further amended by deleting from the title of Section 45-306 the following:

"; Nonresidents",

so that when amended the title of Section 45-306 shall read as follows: "45-306. Commercial Saltwater Fishing Licenses."

Section 27. Said Code Title is further amended by adding a new sentence at the end of subsection 45-306(b), which new sentence shall read as follows:

"Provided, however, nothing in this subsection shall be con strued to authorize any person to engage in commercial fishing in any of the salt waters of this State at any time when the com mercial saltwater fishing license of such person has been revoked or suspended.",

so that when amended subsection 45-306(b) shall read as follows:
"(b) When a person in charge of the operation of a com mercial fishing boat, whether or not that person is the owner of the commercial saltwater fishing license and is on board such com mercial fishing boat, then any person assisting in commercial fish ing under the supervision of such licensed person need not have a commercial saltwater fishing license in his name. Provided, however, nothing in this subsection shall be construed to authorize any person

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JOURNAL OF THE SENATE,

to engage in commercial fishing in any of the salt waters of this State, at any time when the commercial saltwater fishing license of such person has heen revoked or suspended."

Section 28. Said Code Title is further amended by inserting in Section 45-307 after the words "with the" and before the words "possession limits" the words:

"creel limits,",

so that when amended Section 45-307 shall read as follows:

"45-307. Catch-out Pond Licenses. The owner or operator of a catch-out pond operated as one contiguous unit and under single ownership, including ownership by a partnership, firm, association or corporation, may purchase a catch-out pond license as provided in Section 45-303. Such license shall not be transferable to another owner or operator or to any other site. Persons, both residents and nonresidents, may fish in a properly licensed catch-out pond without obtaining a fishing license or trout stamp, and without complying with the creel limits, possession limits, size limits and seasons set forth in this Title. It shall be unlawful for the owner or operator of a catch-out pond not properly licensed to represent to any person that such person may fish in said pond as if such pond was a licensed catch-out pond."

Section 29. Said Code Title is further amended by adding im mediately preceding the period appearing at the end of subsection 45308 (d) the following:

", unless such taxidermist has received the prior written per mission of the Director of the Game and Fish Division of the De partment",

so that when so amended, subsection 45-308(d) shall read as follows:

"(d) It shall be unlawful for a taxidermist to sell any wild life or part thereof which is left unclaimed, unless such taxidermist has received the prior written permission of the Director of the Game and Fish Division of the Department."

Section 30. Said Code Title is further amended by adding two new subsections at the end of Section 45-308 to be designated subsections (g) and (h) and to read as follows:

"(g) Notwithstanding any other provision of this Title to the contrary, it shall not be unlawful for a licensed taxidermist to mount and sell legally taken furbearers, without procuring a fur dealer's license.

(h) It shall not be unlawful for a licensed taxidermist to mount and sell legally taken wildlife with prior written permission of the Director of the Game and Fish Division."

TUESDAY, FEBRUARY 28, 1978

1829

Section 31. Said Code Title is further amended by deleting in the first and second sentences of Section 45-312 the words:

"game species",

and inserting in lieu thereof the following:

"game animal or game bird",

and by inserting in the first sentence after the word "for" and before the word "purpose" the word:
"the",

and by adding a new sentence to the end of said Section, which new sentence shall read as follows:

"Nothing herein shall be construed to authorize the holding or possession of the progeny of any game bird or game animal under the permit under which a parent is held or possessed, unless specifi cally so stated on the game-holding permit.",

so that when amended Section 45-312 shall read as follows:

"45-312. Game-holding Permits. It shall be unlawful for any person to hold or possess any game animal or game bird for the purpose of propagation or pets without first obtaining a valid game-holding permit as provided in Section 45-303. Any game animal or game bird held under such permit may not be sold by the holder but must be retained, consumed or disposed of without charge. Nothing herein shall be construed to authorize the holding or pos session of the progeny of any game bird or game animal under the permit under which a parent is held or possessed, unless spe cifically so stated on the game-holding permit."

Section 32. Said Code Title is further amended by inserting a new sentence between the first and second sentences in subsection 45-314(a), which new sentence shall read:

"No such permit shall be issued by the Department except where the exhibition or display is solely for educational purposes.",

and by adding a new sentence at the end of said subsection, which new sentence shall read as follows:

"Provided, further, nothing herein shall be construed to require a permit to exhibit or display fish.",

so that when amended subsection 45-314(a) shall read as follows:

"(a) It shall be unlawful for any person to keep, hold or possess any wildlife in captivity for the purpose of display or ex-

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JOURNAL OF THE SENATE,

hibition to the public without first procuring a valid wildlife ex hibition permit as provided in Section 45-303. No such permit shall be issued by the Department except where the exhibition or display is solely for educational purposes. The Department may impose conditions on such permit requiring adequate sanitation facilities, housing and feed for the animals and insuring the safety of the public in accordance with regulations promulgated by the Board. Exhibitions of wildlife by educational institutions, State, city, county or municipal zoos or transient circuses shall not be required to procure a wildlife exhibition permit; provided, however, such ex hibitors must comply with all regulations of the Board relating to sanitation, housing, feed and public safety. Provided, further, nothing herein shall be construed to require a permit to exhibit or display fish."
Section 33. Said Code Title is further amended by deleting in Sec tion 45-316 after the words "the person" and before the words "to ex hibit" the words:

"offering or requesting to store such wildlife",

and inserting in lieu thereof the following words:

"delivering such wildlife for storage",

and by adding a new sentence at the end of said Section, which new sentence shall read as follows:

"Provided, however, nothing herein shall be construed to re quire a permit to store fish.",

so that when amended Section 45-316 shall read as follows:
"45-316. Wildlife Storage Permits. It shall be unlawful for any person operating a grocery store, hotel, market, cold storage house, restaurant or any commercial facility receiving wildlife for storage to receive for storage or to store any wildlife or parts there of without first obtaining a wildlife storage permit from the De partment and without requiring the person delivering such wildlife for storage to exhibit a valid license authorizing such person to take or possess such wildlife. Provided, however, nothing herein shall be construed to require a permit to store fish."

Section 34. Said Code Title is further amended by inserting a new sentence at the end of subsection 45-318(a), which new sentence shall
read as follows:

"Provided, however, it shall not be unlawful for a nonresident to transport or possess raptors in this State for falconry purposes, if such person has a nonresident hunting license, as provided in Section 45-303, and a falconry license or permit from the state of residence of such person, which state meets Federal falconry
standards.",

TUESDAY, FEBRUARY 28, 1978

1831

so that when amended subsection 45-318(a) shall read as follows:

"(a) It shall be unlawful for any person to trap, take, trans port or possess raptors for falconry purposes unless such person first procures, in addition to a valid hunting license, a valid falconry permit as provided in Section 45-303. Provided, however, it shall not be unlawful for a nonresident to transport or possess raptors in this State for falconry purposes, if such person has a nonresident hunting license, as provided in Section 45-303, and a falconry license or permit from the state of residence of such person, which state meets Federal falconry standards."

Section 35. Said Code Title is further amended by adding a new subsection to Section 45-318 to be numbered subsection (s) and to read as follows:

"(s) It shall be lawful for a falconer meeting the requirements of this Section to take small game with raptors in accordance with the provisions of this Section and the law and regulations regulating the taking of small game."

Section 36. Said Code Title is further amended by renumbering present subsections 45-323 (b) and (c) as subsections 45-323 (c) and (d) respectively and by adding a new subsection 45-323 (b) after pres ent subsection 45-323 (a) and before renumbered subsection 45-323 (c), which new subsection shall read as follows:

"(b) In the event any person who is an employee, agent or representative of a licensee or permittee or applicant for a license or permit or both, engages in the licensed or permitted activity pur suant to the authority of the license or permit of such licensee or permittee or applicant for a license or permit or both, and violate any provision of this Title or any rule or regulation promulgated pursuant thereto, the Commissioner may revoke, suspend, deny or refuse to renew a license or permit in accordance with the provisions of this Section."
Section 37. Said Code Title is further amended by adding three new Sections to be numbered Sections 45-325, 45-326 and 45-327, and to read as follows:
"45-325. Wildlife Importation Permit. It shall be unlawful to import any wildlife, other than fish, without obtaining, at no cost, a wildlife importation permit from the Department. Such permit shall not be issued except for educational or scientific purposes.

45-326. Federal Migratory Bird Hunting and Conservation Stamp Required. It shall be unlawful to hunt brant, ducks, geese and swans in this State without a federal Migratory Bird Hunting and Conservation Stamp.
45-327. Field and Retriever Trial Permit, (a) It shall be unlaw ful for any person to conduct a field or retriever trial without first

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obtaining a permit, at no cost, from the Department. In trials con ducted with such a permit, the species of wildlife specified on the permit may be set or pursued by dogs, but such wildlife may not be taken except during the open season for such species of wildlife. The person conducting such a field trial shall require all participants therein to register.

(b) It shall be unlawful for any person to participate in a field or retriever trial unless a permit for such trial has been issued by the Department and such person is registered as a participant in such trial. Hunting licenses shall not be required for registered participants in trials permitted by the Department."
Section 38. Said Code Title is further amended by striking Section 45-501 in its entirety and inserting in lieu thereof a new Section 45-501, to read as follows:
"45-501. Permission to Hunt on Lands of Another; Written Permission; Enforcement, (a) It shall be unlawful for any person to hunt upon the lands of another or enter upon the lands of another in pursuit of wildlife, with or without a license, without first ob taining permission from the landowner or lessee of such land or the lessee of the game rights of such land.
(b) If the land is so posted, this permission shall be in writing and carried on the person hunting or pursuing wildlife upon the lands of another.
(c) It shall be the duty of conservation rangers, sheriffs and deputy sheriffs to enforce the provisions of this Section."
Section 39. Said Code Title is further amended by deleting the present title of Section 45-502 which reads:
"Night Hunting.",
and inserting in lieu thereof a new title to read: "Hunting Hours."
Section 40. Said Code Title is further amended by deleting in subsection 45-502(a) the words:

"dry cell",
and by inserting in said subsection after the words "may be carried" and before the words "by a hunter" the phrase:

"by hand",
and by inserting after the phrase "by a hunter" and before the phrase "and used for" the phrase:
"or worn on the hunter's belt".

TUESDAY, FEBRUARY 28, 1978

1833

so that when amended subsection 45-502(a) shall read as follows:

"(a) It shall be unlawful to hunt at night any game bird or game animal in this State except for raccoons, opossums, foxes, and bobcats and these may not be hunted with lights, except that a light which does not exceed six (6) volts or a fuel type lantern may be carried by hand by a hunter or worn on the hunter's belt and used for locating such animals."

Section 41. Said Code Title is further amended by adding two new subsections at the end of Section 45-502 to be designated subsections (i) and (j) and to read as follows:

"(i) It shall be unlawful to hunt migratory game birds between sunset and one-half hour before sunrise. It shall also be unlawful to hunt migratory game birds between one-half hour before sunrise and sunset except that it shall not be unlawful to hunt migratory game birds during those hours as may be designated by the Board for a particular migratory game bird. In accordance with the frame work of open hunting season dates established by the U. S. Fish and Wildlife Services, and as may be appropriate based on sound wild life management principles, the Board is hereby specifically au thorized to promulgate rules and regulations establishing the hours, on a Statewide, regional or local basis, for hunting migratory game birds. The Board is hereby specifically authorized to promulgate such rules and regulations without complying with the provisions of an Act known as the 'Georgia Administrative Procedure Act', ap proved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended, and all rules and regulations promulgated by the Board pursuant to this subsection shall be effective immediately upon adoption.
(j) If, after July 1, 1978, a person commits and is convicted of two or more violations of hunting deer at night, such person shall be guilty of a felony and shall be sentenced for a minimum of 1 year and a maximum of 10 years imprisonment."

Section 42. Said Code Title is further amended by adding a new sentence at the beginning of subsection 45-503 (a) which new sentence shall read as follows:

"Longbows and compound bows may be used for taking small game.",

and deleting in said subsection the word "such" and inserting in lieu thereof the word:
"long",

and by deleting the semicolon at the end of said subsection and inserting in lieu thereof a period and a new sentence to read as follows:
"Arrows for hunting deer must be broadhead type, with a mini mum width of seven-eighths (7/8) of an inch;",

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so that when amended, subsection 45-503(a) shall read as follows:

"(a) Longbows and compound bows may be used for taking small game. Longbows and compound bows for hunting deer are permitted only during the regular hunting season and during the archery season for deer, provided that long bows have a minimum recognized pull of forty (40) pounds at twenty-eight (28) inches of draw. Arrows for hunting deer must be broadhead type, with a mini mum width of seven-eighths (7/8) of an inch;".
Section 43. Said Code Title is further amended by deleting from the title of Section 45-509 the word "Game" and inserting in lieu thereof the word:
"Wildlife",

and by inserting after the word "Discharging" and before the word "Weapon" the word:

so that when amended, the title of Section 45-509 shall read as follows:
"45-509. Taking Wildlife on or Discharging a Weapon Across a Public Road."
Section 44. Said Code Title is further amended by deleting the word "species" in the second sentence of Section 45-510, and inserting in lieu thereof the phrase:
"bird or game animal",
so that when amended Section 45-510 shall read as follows:
"45-510. Use of Drugs, Poisons, Chemicals, Smoke, Gas, Ex plosives, Recorded Sounds or Calls and Electronic Communication Equipment Prohibited. It shall be unlawful to hunt any game animal or game bird by means of drugs, poisons, chemicals, smoke, gas, ex plosives or recorded calls or sounds, or recorded or electronically am plified sounds or imitation of calls or sounds. It shall also be un lawful to use electronic communications equipment for the purpose of facilitating pursuit of any game bird or game animal."
Section 45. Said Code Title is further amended by deleting in Sec tion 45-511 the word "or" appearing after the phrase "an airplane" and before the words "a hydroplane" and by inserting after the phrase "a hydroplane" the following phrase:
", or a motor vehicle.",
and then deleting the remainder of said Section, so that when amended, Section 45-511 shall read as follows:

TUESDAY, FEBRUARY 28, 1978

1835

"45-511. Killing of Birds and Animals from Boats, Sail Boats, Aircraft and Motor Vehicles Prohibited. It shall be unlawful to hunt any game bird, game animal or furbearing animal from an electric, gas or steam boat, a sail boat, an airplane, a hydroplane, or a motor vehicle."
Section 46. Said Code Title is further amended by adding a new subsection to Section 45-513 which new subsection shall be numbered subsection (e) and shall read as follows:
"(e) It shall be unlawful for any person to possess more than the daily bag limit or more than the aggregate daily bag limit while in the field or while returning from the field to one's automobile or principal means of land transportation, or to one's permanent abode or temporary or transient place of lodging, or to a commercial storage facility, or to a post office, or to a common carrier facility."
Section 47. Said Code Title is further amended by adding a new subsection to Section 45-514, which new subsection shall be numbered subsection (e) and shall read as follows:

" (e) It shall be unlawful for any person to train hunting dogs on property other than that owned by such person or his immediate family, unless such person has a hunting license in his immediate possession."

Section 48. Said Code Title is further amended by deleting Section 45-524 in its entirety and inserting in lieu thereof a new Section 45-524, to read as follows:

"Section 45-524. Killing of Dogs Running Deer; Freedom from Liability, (a) It shall be the duty of every conservation ranger to kill any dog pursuing or killing any deer on any locality, other than that prescribed by law or rules and regulations permitting such hunt ing, and no action for damages shall be maintained against the person for such killing.

(b) It shall be unlawful for any person other than a conserva tion ranger, sheriff, or deputy sheriff to kill a dog with a collar, which dog is or has been pursuing or killing a deer."

Section 49. Said Code Title is further amended by adding two new sentences at the end of Section 45-705, which new sentences shall read as follows:

"Provided, further, it shall be lawful to use seines, nets and chemicals in a pond if all the owners of a pond desire that such be done and if a local conservation ranger is notified at least two (2) hours in advance of such use. Provided, however, it shall not be lawful to use such seines, nets and chemicals in an exbow lake. For purposes of this Section, an oxbow lake means a lake formed in an abandoned river channel which has become separated from the main stream by a natural change in the river.",

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so that when amended, Section 45-705 shall read as follows:

"45-705. Unlawful to Pish Except by Certain Methods. It shall be unlawful to fish for game fish, except American shad, hickory shad, flathead catfish and channel catfish, by any means other than a pole and line. Except as otherwise provided, it shall be unlawful to take any fish in the fresh waters of this State by any method other than a pole and line, sport trot lines in accordance with Section 45-706 of this Title, set hooks, jugs, and bow and arrow in accordance with Section 45-709, spears in accordance with Section 45-707, bow nets as provided in Section 45-720, seines in accordance with Section 45-708, and as authorized in Section 45-803 with regard to commercial freshwater fishing. Provided, however, dip nets may be used to take threadfin and gizzard shad for bait and landing nets may be used to land fish legally caught. Provided, further, it shall be lawful to use seines, nets and chemicals in a pond if all the owners of a pond desire that such be done and if a local conservation ranger is notified at least two (2) hours in advance of such use. Provided, however, it shall not be lawful to use such seines, nets and chemicals in an oxbow lake. For purposes of this Section, an oxbow lake means a lake formed in an abandoned river channel which has become separated from the main stream by a natural change in the river."
Section 50. Said Code Title is further amended by deleting the present title of Section 45-713 and inserting in lieu thereof the following:
"Creel and Possession Limits.",

and by inserting in the first sentence of said Section, after the word "unlawful" and before the words "to possess" the following phrase:

"to take in one day or",
and to insert after the words "any one time," and before the words "more than" the words:

"except at one's place of abode or at a commercial storage facility,",

so that when amended, Section 45-713 shall read as follows:

"45-713. Creel and Possession Limits. It shall be unlawful to
take in one day or to possess at any one time, except at one's place of abode or at a commercial storage facility, more than:

(a) Ten (10) of any one, or a combination of the following species: largemouth bass, smallmouth bass; shoal bass; Suwannee bass; spotted bass or Kentucky bass; and redeye or Coosa bass.

(b) Eight (8) of any one, or a combination of, the following species: rainbow trout; brook trout; and brown trout.

TUESDAY, FEBRUARY 28, 1978

1837

(c) Thirty (30) white bass.

(d) Six (6) of any one, or a combination of, the following species: striped bass or rock fish, and striped-white bass hybrid.

(e) Fifty (50) of any one, or a combination of, the game species of bream or sunfish.

(f) Eight (8) walleye (walleyed pike).

(g) Eight (8) sauger.

(h) Two (2) muskellunge.

(i) Fifteen (15) of any one, or a combination of, the following species of pickerel: chain; grass; and redfin.

(j) Fifty (50) of any one, or a combination of, the following species: black crappie and white crappie.

(k) Eight (8) of any one, or a combination of, the following species: American shad and hickory shad.

(1) A total of fifty (50) of all of the species named in this Section."

Section 51. Said Code Title is further amended by inserting in Section 45-717 after the words "following streams" and before the phrase "are trout streams" the following:

", excluding any impoundments thereon unless specifically in cluded,",

so that when amended, the portion of Section 45-717 preceding subsection (a) shall read as follows:

"45-717. Trout Streams Without Seasons. The following streams, excluding any impoundments thereon unless specifically included, are trout streams which shall be open for trout fishing throughout the year:".

Section 52. Said Code Title is further amended by inserting in Section 45-718 after the word "watersheds" and before the words "are hereby" the following:

", excluding any impoundments thereon unless specifically included,",

so that when amended the portion of Section 45-718 preceding subsection (a) thereof shall read as follows:

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"45-718. Trout Waters With Seasons. The following waters and all streams within the following watersheds, excluding any impoundments thereon unless specifically included, are hereby des ignated as trout waters with seasons. It shall be unlawful to fish in any of the following trout waters except from the last Saturday in March each year through the 31st of October of each year:".

Section 53. Said Code Title is further amended by inserting a new sentence between the first and second sentences of paragraph (2) of subsection 45-728(c) to read as follows:

"It shall also be unlawful for any person to possess more than ten (10) in the aggregate of striped bass and striped-white bass hybrid.",

so that when so amended paragraph (2) of subsection 45-728 (c) shall read as follows:

"(2) It shall be unlawful for any person to possess more than forty (40) in the aggregate of all game fish, except channel and flathead catfish. It shall also be unlawful for any person to possess more than ten (10) in the aggregate of striped bass and stripedwhite bass hybrid. It shall be unlawful to possess more than ten (10) in the aggregate of largemouth, spotted or Coosa bass, and more than eight (8) in the aggregate of trout. No person may possess in either state more fish than permitted by that state even though the fish may have been caught in the waters of the other state."

Section 54. Said Code Title is further amended by deleting in subsection 45-805(g) the word "Shad" and inserting in lieu thereof:

"Commercial shad",

so that when amended subsection 45-805(g) shall read as follows:

"(g) Commercial shad fishing is prohibited in the Savannah Back River downstream from New Savannah cut,"

Section 55. Said Code Title is further amended by inserting in subsection 45-805 (h) after the word "possession" and before the word "limit" the words:

"or creel",

so that when amended, subsection 45-805(h) shall read as follows:

"(h) Notwithstanding any other provision to the contrary, there shall be no possession or creel limit on shad taken pursuant to this Section."

TUESDAY, FEBRUARY 28, 1978

1839

Section 56. Said Code Title is further amended by deleting from the first sentence of subsection 45-808(c) the word:
"private",

and by deleting in said subsection the word "transport" and inserting in lieu thereof the words:
"sell, purchase or possess",

so that when amended subsection 45-808(c) shall read as follows:
"(c) It shall be lawful for any person to sell or purchase game fish from a pond when the owner of such pond has obtained a valid permit from the Department and such permit is displayed in a prominent place at said pond and such person shall have complied with all the requirements of this Section and any regulations promulgated pursuant hereto. Such permit may be issued to the owner only once annually and shall limit the time for taking fish from said pond to fifteen (15) days unless an extension is granted by the Department. Provided, however, no person shall sell, purchase or possess any game fish taken from such a pond unless said fish are packaged and labeled with the pond permit number and the number and pounds of each species of fish contained therein. Said fish shall remain so packaged until processed for consumption or released into another body of water."

Section 57. Said Code Title is further amended by inserting in the title of Section 45-810 after the word "Wholesale" and before the phrase "and Retail Dealers" the following:

", Import",

so that when amended, the title to Section 45-810 shall read as follows:

"45-810. Taking of and Dealing in Live Pish and Fish Eggs; Wholesale, Import and Retail Dealers; Licenses; Prohibited Act."

Section 58. Said Code Title is further amended by deleting in subsection 45-810 (a) after the word "import" and before the word "dealer" the word "wholesale" and inserting in lieu thereof the word:
"fish",

so that when amended, subsection 45-810(a) shall read as follows:
" (a) It shall be unlawful to engage in the business of a wholesale fish dealer, retail fish dealer or import fish dealer, as defined in Section 45-102 of this Title, without first obtaining an annual license from the Department as provided in Section 45-303 of this Title. Notwithstanding any other provision to the contrary, a licensed commercial fish hatchery shall not be required to obtain an additional license as a wholesale fish dealer or a retail fish dealer."

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Section 59. Said Code Title is further amended by deleting in subsection 45-810(b) after the word "import" and before the words
"fish dealer" the word:

"wholesale",

so that when amended, subsection 45-810(b) shall read as follows:

"Notwithstanding subsection (a) hereof, nonresident persons may sell and transport fish and fish eggs into the State without being required to procure an import fish dealer license where such
sale and shipment are made to an import fish dealer duly licensed
under Section 45-303."

Section 60. Said Code Title is further amended by deleting in paragraph (2) of subsection 45-812(d) the phrase "Georgia's public islands" and inserting in lieu thereof the words:

"Tybee Island, St. Simons Island and Jekyll Island",

and by deleting in paragraph (3) of said subsection the phrase "two hundred feet (200')" and inserting in lieu thereof the phrase:

"three hundred feet (300')",

and by deleting in paragraph (3) of said subsection the word "set" and inserting in lieu thereof the word:
"net",

and by deleting in paragraph (3) of said subsection the phrase "two and seven-eighths inches (2 7/8")" and inserting in lieu thereof the following:
"two and one-half inches (2Vz")",
and by deleting in paragraph (4) of said subsection the phrase "two hundred feet (200')" and inserting in lieu thereof the phrase:
"three hundred feet (3000 ",
so that when amended, subsection 45-812(d) shall read as follows:
"(d) It shall be unlawful to use any seine in salt water except that:
(1) The use of a seine twelve (12') in length or less, with a maximum depth of four feet (4') and a maximum mesh size of one inch(l") stretched mesh in salt water is not prohibited.
(2) The use of a seine less than one hundred feet (100') in

TUESDAY, FEBRUARY 28, 1978

1841

length having a minimum net size of one and one-fourth inch (1 1/4") stretched mesh, on the oceanfront side of beaches and on sand beaches bordering the southern ends of Tybee Island, St. Simons Island and Jekyll Island is not prohibited. The use of such seines in any inlets or tidal sloughs is prohibited.

(3) The use of seines greater than one hundred feet (100') and up to three hundred feet (300') in length having a minimum net size of two and one-half inches (2%") stretched mesh on the oceanfront side of beaches, is not prohibited; provided, however, such seines may not be used in any inlets or tidal sloughs.

(4) Seines over three hundred feet (300') in length are prohibited."

Section 61. Said Code Title is further amended by adding a new subsection (e) at the end of Section 45-812, to read as follows:

" (e) It shall be unlawful to use any seine in salt water in such a manner that it will block more than one-half of the entrance of a tidal river, creek, slough or inlet to the ocean."

Section 62. Said Code Title is further amended by deleting in subsection 45-813(a) the phrase:

"by the person taking the shrimp, his friends or relatives",

so that when amended, subsection 45-813(a) shall read as follows:

"(a) Any power-drawn net used to take seafood from any of the salt waters of this State, except a net ten (10) feet or less at the widest part of its mouth when used for the taking of shrimp for use as live bait;".

Section 63. Said Code Title is further amended by adding a new subsection to Section 45-815 which new subsection shall read:

"(d) As used in this Section, adult eels shall mean eels at least six (6) inches in length."

Section 64. Said Code Title is further amended by adding two new sentences to the end of subsection 45-1101 (c) which new sentences shall read as follows:

"Provided, however, educational institutions, State, city, county or municipal zoos or transient circuses shall not be required to pro cure a permit to possess, transport or import a wild animal or to transfer or sell a wild animal to another such institution, zoo or circus within this State, if the Department is notified prior to the importation, transportation, sale, transfer or possession by such institution, zoo or circus. Provided, further, that such institutions, zoos and circuses shall comply with all the provisions of this Chapter

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and all regulations relating to the humane handling, care and con finement of wild animals.",
so that when amended 45-1101 (c) shall read as follows:
"(c) It shall be unlawful for any person not a wild animal wholesale or retail dealer to import, transport, sell, transfer or possess any wild animal for which a license or permit, or both, is required by this Chapter without first obtaining a permit, at no charge, from the Department. Provided, however, educational insti tutions, State, city, county or municipal zoos or transient circuses shall not be required to procure a permit to possess, transport or import a wild animal or to transfer or sell a wild animal to another such institution, zoo or circus within this State, if the Department is notified prior to the importation, transportation, sale, transfer or possession by such institution, zoo or circus. Provided, futher, that such institutions, zoos and circuses shall comply with all the pro visions of this Chapter and all regulations relating to the humane handling, care and confinement of wild animals."
Section 65. Said Code Title is further amended by inserting in the second sentence of subsection 45-1001 (e) after the word "permits" and before the words "in accordance" the following words:

"solely for educational purposes and",

so that when amended subsection 45-1001 (e) shall read as follows:

" (e) It shall be unlawful for any person to keep, hold or possess any wild animal in captivity, except fish and invertebrates, for the purposes of display or exhibition to the public without first procuring a valid wild animal exhibition permit as provided in Section 45-303. The Department is hereby authorized to issue such permits solely for educational purposes and in accordance with regulations of the Board requiring adequate facilities for the humane handling, care and confinement of wild animals and insuring public safety. Notwithstanding any other provision of this Title, exhibitions of wild animals by educational institutions, State, city, county or municipal zoos or transient circuses shall not be required to procure a wild animal exhibition permit; provided, however, the Department must be notified of such exhibition and all other provisions of this Chapter and all regulations relating to the humane handling, care and confinement of wild animals must be complied with."

Section 66. Said Code Title is further amended by adding a new subsection to Section 45-1101, which new subsection shall read as follows:

"(f) Each permit to import, transport, sell, transfer or possess a wild animal which is inherently dangerous to human beings shall be conditioned upon the permittee obtaining, providing proof of and maintaining in force and effect liability insurance in at least the amount of one hundred thousand dollars ($100,000) for each such wild animal."

TUESDAY, FEBRUARY 28, 1978

1843

Section 67. Said Code Title is further amended by placing a period after the phrase "All species" in subsections 45-1102 (a) (8), (9), (11) and (16) and deleting the remainder of said subsections so that when amended, subsections 45-1102 (a) (8), (9), (11) and (16) shall read:

"(8) Order Lagomorpha (Rabbits, Hares)--All species."

"(9) Order Rodentia (Rats, Mice, Voles, Squirrels, etc.)--All species."

"(11) Order Carnivora (Weasels, Cats, Bears, Wolves, etc.) -- All species."

"(16) Order Perissodactyla (Odd-toed Ungulates) -- All species."

Section 68. Said Code Title is further amended by placing a period after the phrase "Bison bison (Buffalo)" in subsection 45-1102(a) (17) and deleting the remainder of said subsection, so that when amended, subsection 45-1102(a) (17) shall read as follows:

"(17) Order Artiodactyla (Even-toed Ungulates)--All species except Bison bison (Buffalo)."

Section 69. Said Code Title is further amended by inserting in subsection 45-1105(b) after the word "escaped" the words:

"or is inadequately confined",

and by inserting after the word "may" and before the word "destroy" the word:

"seize,",

so that when amended, subsection 45-1105 (b) shall read as follows:

"(b) Notwithstanding subsection (a) of this Section, where a wild animal regulated by this Chapter has escaped or is inadequately confined, the Department may seize, destroy or authorize the destruction of such animal if it determines that such animal is posing a threat to the safety of human beings, or if it determines that there is very little likelihood of recapturing such animal. Provided, how ever, if such an animal is recaptured, the Department may return such animal to the permittee or licensee, or it may take or retain possession of such animal and allow such permittee or licensee to make arrangements for the disposition of such animal, which arrangements are subject to the approval of the Department, or it may dispose of such animal as it deems necessary to fulfill its responsibilities under this Chapter."
Section 70. In the event any section, subsection, sentence, clause

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or phrase of this Act shall be declared or adjudged invalid or uncon stitutional, 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 71. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 72. 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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldrfdge English Evans Pincher

Foster Gillis Greene Hill Holloway Howard Hudgins 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

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Banks Duncan

Hudson Stumbaugh

Traylor

TUESDAY, FEBRUARY 28, 1978

1845

On the passage of the bill, the yeas were 50, nays 1.

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 403. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend an Act known as "The Georgia Public Assistance Act of 1965," as amended, so as to change the provisions relative to the offense of fraud in obtaining public assistance; to provide for severability; to provide for an effective date.

The House amendment was as follows:
Amend SB 403 by adding after the word "intentionally" and before the word "aids" on lines 43 and 53, Pages 1 and 2, the words,
", with knowledge of the fraud,".

Senator Starr of the 44th moved that the Senate agree to the House amend ment to SB 403.

On the motion, 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
Johnson
Kennedy Kidd Langford
Lester
McGill
Overby
Paulk
Pearce Reynolds

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

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Duncan Pincher

Hudgins Hudson

Thompson Traylor

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 403.

The following bill of the House was taken up for the purpose of considering the Conference Committee Report thereon:

HB 1493. By Representatives Hutchinson of the 133rd, Murphy of the 18th, Harris of the 60th and others:
A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school teachers of the State of Georgia so as to extend coverage to retired teachers.

The Conference Committee Report on HB 1493 was as follows:

MR. SPEAKER: MR. PRESIDENT:

Your Conference Committee on House Bill 1493 has met and rec ommends the following:

1. That the Senate and House of Representatives both recede from their respective positions on House Bill 1493.

2. That the attached Conference Committee Substitute to House Bill 1493 be adopted.

FOR THE SENATE
/&/ Paul C. Broun Senator, 46th District
/s/ Hugh A. Carter Senator, 14th District
/s/ Horace E. Tate Senator, 38th District

Respectfully submitted,
FOR THE HOUSE
/s/ R. S. Hutchinson Representative, 133rd District
/s/ B. B. Harris, Sr. Representative, 60th District
/s/ Earleen Sizemore Representative, 136th District

Conference Committee Substitute To HB 1493:
A BILL
To be entitled an Act to amend an Act authorizing the State Person nel Board to provide a health insurance plan for public school teachers

TUESDAY, FEBRUARY 28, 1978

1847

of the State of Georgia, approved February 27, 1975 (Ga. Laws 1975, p. 37), so as to extend coverage to retired teachers; to provide for the financing of the health insurance plan for retired teachers; to provide for administrative costs; to delete certain language relating to rejection of coverage; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act authorizing the State Personnel Board to pro vide a health insurance plan for public school teachers of the State of Georgia, approved February 27, 1975 (Ga. Laws 1975, p. 37), is hereby amended by adding a new Section 6A immediately following Section 6, to read as follows:
"Section 6A. The contract or contracts shall provide for health insurance for retired public school teachers and their spouses and dependent children, as defined by the regulations of the board, under such terms as the board may deem appropriate. Such retired teachers shall pay premiums in the same amount and under the same conditions as teachers pay. The costs of employer contributions and the administration of providing such insurance may be assessed against such retired teachers or may be appropriated to the State Department of Education. The board shall adopt regulations pre scribing the conditions under which a retired employee may elect to participate in or withdraw from the plan."
Section 2. Said Act is further amended by striking subsection (b) of Section 12 in its entirety and inserting in lieu thereof a new subsection (b), to read as follows:
" (b) All persons who become employees as defined in this Act, on or after the 'employer commencement date', and who are eligible as specified by rules and regulations of the Board, shall as a con dition of their employment become members of this health insurance plan authorized by this Act, except that, any such employee in State service prior to the 'employer commencement date', who is other wise eligible in accordance with rules and regulations of the Board, shall have an option to elect coverage in the health insurance plan."

Section 3. (a) Section 1 of this Act shall become effective on Jan uary 1, 1979, in the event a Constitutional amendment is ratified at the November 1978 general election authorizing the General Assembly to provide by law for a health insurance plan for retired public school teachers. In the event such amendment is not ratified, the cost of employees' and employers' contributions and the administration of pro viding such insurance may be assessed against such retired teachers.

(b) Section 2 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without his ap proval.

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

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JOURNAL OF THE SENATE,

Senator Broun of the 46th moved that the Senate adopt the Conference Com mittee Report on HB 1493.

On the motion, 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 Fincher

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

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

Those not voting were Senators:

Coverdell Duncan Evans

Hudgins Hudson

Stephens Traylor

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1493.

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 1304. By Representative Taggart of the 125th:
A bill to provide that the Commissioner of Revenue shall have authority to license and regulate the sale of all alcoholic beverages in bona fide private clubs in this State; to define the term "Club" for licensing pur poses; to provide license fees equal to those required of public licensed places of business. Senate Sponsor: Senator Robinson of the 27th.

TUESDAY, FEBRUARY 28, 1978

1849

The Senate Committee on Consumer Affairs offered the following substitute to HB 1304:
A BILL

To be entitled an Act to provide that the Commissioner of Revenue shall have authority to license and regulate the sale of all alcoholic beverages in bona fide private clubs in this State; to define the term "club" for licensing purposes; to provide license fees equal to those re quired of public licensed places of business; to provide for the payment of local excise taxes; to provide for the collection of such taxes; to provide for all matters relative to the foregoing; to provide for an elec tion to determine whether or not such sales shall be allowed; to provide that the governing authorities of the political subdivision concerned shall be authorized to conduct a special referendum election for the purpose of nullifying the previous elections at the expiration of two years from the date of the previous election; to provide for practices and procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. Any provisions of the law to the contrary notwith standing, the Commissioner of Revenue is hereby authorized to issue alcoholic beverage licenses to bona fide private clubs, as defined herein, in any county or municipality within the State, and to promulgate reg ulations he deems necessary for the proper enforcement of the provisions of this Act after the approval of such authority by an election as pro vided in Section 6 hereof. Such licenses shall authorize the sale of
alcoholic beverages for beverage purposes by the drink, for consumption on the premises only.

Section 2. The term "club" shall mean a nonprofit association organized and existing under the laws of the State of Georgia, which has been in existence for a period of at least one (1) year prior to the filing of its application for a license hereunder, which has at least seventy-five (75) members regularly paying dues, organized and operated exclusively for pleasure, recreation and other nonprofit purposes, no part of the net earnings of which inures to the benefit of any shareholder or member, and owning, hiring or leasing a building or space therein for the reasonable use of its members with suitable kitchen and dining room space and equipment, and maintaining and using a sufficient number of employees for cooking, preparing and serving meals for its members and guests; provided that no member or officer, agent or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation any profits from the sale of spirituous liquors, wines, champagnes or malt beverages beyond the amount of such salary as may be fixed for him by its members at a prior annual meeting or by the governing body out of the general revenue of the club. For the purposes of this Section, tips which are added to the bills under club regulations shall not be considered as profits hereunder.

Section 3. The license fees for a club, as herein defined, shall be the same fees as provided by law for the sale of alcoholic beverages in

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public licensed places of business, and in addition a prelicense investiga tion fee of one hundred dollars ($100.00) shall be required.

Section 4. When any such license as herein provided is issued by the Commissioner of Revenue for the sale of distilled spirits by the drink, for consumption on the premises to a private club as herein defined, within the corporate limits of any municipality in this State, such municipalities are hereby authorized and directed to impose an excise tax, in addition to the excise taxes presently levied by the State of Georgia, in the sum of eighty cents ($.80) per wine gallon on spirituous liquors, excluding fortified wine and in the event such license is issued for such sales in the unincorporated areas of any county in this State, such counties are hereby authorized and directed to impose an excise tax in the same amount as herein provided for municipalities. Local excise taxes as herein provided shall be imposed upon and shall be paid by the licensed wholesale dealer in distilled spirits and the State Revenue Commissioner is hereby authorized to promulgate rules and regulations he deems necessary to carry out the provisions of this Section for the payment of such taxes. Such taxes shall be imposed and collected monthly on distilled spirits sold or disposed of within the particular taxing juris diction. An excise tax of not more than 3% may be imposed by municipal ities or counties on the sale of mixed drinks where authorization results from approval of this Act.
Section 5. The Commissioner of Revenue is herewith authorized to promulgate such reasonable regulations as may be necessary and ap propriate, consistent with this Act, to regulate the sale, possession and use of alcoholic beverages in private clubs in this State. Nothing herein shall be construed to limit the licensing and regulatory authority of any city or county of this State in which the sale of alcoholic beverages in public licensed places of business may be authorized as otherwise provided by law. In addition, any city or county is hereby authorized to license and regulate any bona fide private club located within the licensing and regulatory jurisdiction of any such city or county.

Section 6. Upon a petition signed by at least thirty-five percent (35%) of the registered voters of the political subdivision concerned, qualified to vote at the general election immediately preceding the pre sentation of the petition, being filed with the Judge of the Probate Court of any county, in the case of a county, or with the Mayor of any munici pality, in the case of a municipality, such Judge of Probate Court or Mayor shall call a special election to be held within thirty (30) days from the filing of this petition and shall publish the notice of the call of the election in the official gazette of the county once a week for two weeks preceding the election. The purpose of said election provided for herein shall be to determine whether or not the sale of alcoholic beverages for beverage purposes by the drink, for consumption on the premises only, as herein provided shall be allowed. Such county election shall be held according to the rules and regulations governing special elections con tained in Code Title 34, the Georgia Election Code, as amended, but shall not be held at the time of holding any other primary or election in said county. Any such municipal election shall be held according to the rules and regulations governing special elections contained in Code Title 34A, the Georgia Municipal Election Code, as amended, but shall not be held at the time of holding any other primary or election in said municipality.

TUESDAY, FEBRUARY 28, 1978

1851

The returns of the election held hereunder shall be made within three days after the election to the election superintendent who shall ascertain and declare the result after the receipt of the returns. The ballot in such election shall have written or printed thereon:

"( ) YES Shall alcoholic beverages for beverage purposes by the drink, for consumption on the premises
( ) NO only, be allowed in private clubs?"

Those desiring to vote in favor of the sale of alcoholic beverages in private clubs shall vote "Yes". Those desiring to vote against the sale of alcoholic beverages in private clubs shall vote "No". If at such election a majority of the votes cast shall be in favor of the sale of alcoholic beverages in private clubs, such sale shall be permitted in ac cordance with the provisions of this Act. If at such election a majority of the votes cast shall be against the sale of alcoholic beverages in private clubs, such sale in such political subdivision shall be prohibited as is now provided by law. No election provided for herein shall be held within two years after the date of the declaration of the result of the previous election for such purpose under this Act. In any county or municipality which has at any time held an election in accordance with the provisions of this Act, resulting in the majority of the votes being cast in favor of the sale of alcoholic beverages in private clubs, the Judge of the Probate Court of such county or the Mayor of such municipality, upon a petition signed by at least thirty-five percent (35%) of the registered qualified voters of the political subdivision concerned, shall proceed to call another election in the same manner as hereinbefore provided in this Section, for the purpose of nullifying the previous election: however, no such election shall be called or had within two years after the date of the declaration of the result of the previous election had for such purpose under this Act. The local Governmental authority must approve any license within its jurisdiction before issue of such license.

Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 36, nays 2, and the substitute was adopted.

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

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

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Those voting in the affirmative were Senators:

Allgood Ballard Bell Bond Brantley Broun of 46th Coverdell Doss Duncan

Eldridge Evans Gillis Hill Holloway Howard Kidd Lester Pearce

Riley Robinson Russell
Scott Stephens Tate Timmons Walker Wessels

Those voting in the negative were Senators:

Banks Barker Barnes Brown of 47th Carter Dean of 31st English Fincher

Foster Greene Hudson Johnson Kennedy Langford Overby Paulk

Reynolds Shapard Starr Summers Sutton Thompson Turner Tysinger

Those not voting were Senators:

Dean of 6th Hudgins

McGill Stumbaugh

Traylor

On the passage of the bill, the yeas were 27, nays 24.

The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Kidd of the 25th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 1304.

HB 1544. By Representatives Cason of the 96th, Ham of the 80th, Irvin of the 23rd and others:
A bill to amend Code Section 84-1611, relating to the admission of persons under 18 years of age in billiard rooms, so as to provide that the provisions of said Code Section shall only apply to billiard rooms in which beer, wine or alcoholic beverages are offered for sale; to provide an effective date.
Senate Sponsor: Senator Robinson of the 27th.

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

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

TUESDAY, FEBRUARY 28, 1978

1853

Those voting in the affirmative were Senators:

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

Fincher Foster Gillis Hill Holloway Howard Hudson Kennedy Kidd Langford Lester Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Stephens Stumbaugh Summers Sutton Tate Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Barnes Bell Dean of 31st

Greene Johnson

Starr Thompson

Those not voting were Senators:

Hudgins

McGill

Traylor

On the passage of the bill, the yeas were 46, nays 7.

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

HB 1545. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to create the Georgia Air Quality Act of 1978. 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

1854
Dean of 6th Dean of 31st Doss Eldridge English Evans Foster Gillis Greene Hill Holloway Howard Hudson

JOURNAL OF THE SENATE,

Johnson Kennedy Kidd Langford Lester Overby Paulk Pearce Riley Robinson Russell Scott Shapard

Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Duncan Fincher

Hudgins McGill

Reynolds Traylor

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

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

HB 1562. By Representatives Swann of the 90th, Marcus of the 26th and Baugh of the 108th:
A bill to amend Section 88-1901 of the Code of Georgia relating to the definition of institutions regulated under the "Georgia Health Code" is hereby amended so as to change the definition of an institution covered by the Act; to provide for an effective date.
Senate Sponsor: Senator Howard of the 42nd.

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

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 Overby Paulk

Pearce Reynolds Riley Robinson Russell Scott Shapard

TUESDAY, FEBRUARY 28, 1978

1855

Starr Stephens Stumbaugh Summers
Sutton Tate

Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Duncan Hudgins

McGill

Traylor

On the passage of the bill, the yeas were 52, nays 0.

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

HB 1568. By Representatives Snow and Hays of the 1st, Money of the 5th and Foster of the 6th:
A bill to add one additional judge of the superior courts of the Lookout Mountain Judicial Circuit of Georgia. Senate Sponsor: Senator Fincher of the 54th.

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

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 Fincher

Foster Gillis Greene Hill Holloway Howard Hudson 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

Voting in the negative was Senator Doss.

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JOURNAL OP THE SENATE,

Those not voting were Senators:

Duncan Evans

Hudgins Johnson

Tate Traylor

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

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

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.

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 1880. By Representatives Smith of the 42nd, and Horton and Carnes of the 43rd:
A bill to amend an Act establishing a Charter for the City of Fairburn so as to provide for a change in the penalties upon conviction of the violation of any municipal ordinance in the Recorder's Court of the City of Fairburn.

HB 1881. By Representatives Smith of the 42nd, and Horton and Carnes of the 43rd:
A bill to amend an Act establishing a new charter for the City of Palmetto so as to change the provisions relating to councilmen, their qualifications, and terms of office; to change the provisions relating to time for holding regular elections.

HB 1922. By Representatives Taggart of the 125th, Battle of the 124th and Hill of the 127th:
A bill to provide for the compensation of certain county officers and officials of Chatham County; to provide for cost-of-living increases.

HB 2002. By Representative Murphy of the 18th:
A bill to provide for the superior courts in the counties comprising the Tallapoosa Judicial Circuit.

TUESDAY, FEBRUARY 28, 1978

1857

HB 2018. By Representative Pilewicz of the 41st:
A bill to amend an Act establishing a new charter for the City of East Point, Pulton County, Georgia, so as to provide and authorize for definitions; to add to the existing charter new sections; to provide for tax service district.

HB 1766. By Representatives Burruss and Housley of the 21st, Murphy of the 18th and others:
A bill to amend an Act creating a Board of Commissioners for Paulding County so as to change the provisions relating to the recall of the chairman or commissioners.

HB 2036. By Representative Jones of the 78th:
A bill to amend an Act to provide minimum salaries for probate judges of the various counties within the State of Georgia so as to change the minimum salary of the probate judge in all counties having a certain population.

HB 2037. By Representative Lambert of the 112th:
A bill to amend an Act creating a Board of County Commissioners of Hancock County so as to change the compensation of the chairman.

HB 2038. By Representative Mullinax of the 69th:
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 or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities.

HB 2039. By Representatives Taggart of the 125th, Hill of the 127th, Battle of the 124th and others:
A bill to amend an Act creating the Chatham County Water and Sewer Authority so as to change the numbers of members of said Chatham County Water and Sewer Authority and provide that one member must be a member of the Chatham County Commissioners and Ex Officio Judges Thereof, the governing authority of Chatham County.

HB 2041. By Representatives Mann, Milford and Clark of the 13th:
A bill to create and establish a Small Claims Court in and for Franklin County.

HB 2042. By Representative Edwards of the 110th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector in the County of Marion into the office of Tax Commissioner of Marion County so as to authorize the tax commissioner to hire a clerk.

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JOURNAL OF THE SENATE,

HB 2043. By Representatives Tuten of the 153rd and Auten of the 154th:
A bill to amend an Act placing the Sheriff of Glynn County upon an annual salary so as to authorize the employment and compensation of certain additional personnel by the sheriff; to change the provisions relating to the compensation of certain persons employed by the sheriff.

HB 2044. By Representatives Murray of the 116th and Castleberry of the lllth:
A bill providing for the compensation of the chairman and members of the board of commissioners of each county of this State having a population of not less than 26,290 and not more than 27,280I according to the United States Decennial Census of 1970 or any future such census.

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

HR 777. By Representatives Richardson of the 52nd, Hawkins of the 50th, Steinberg of the 46th and others:
A resolution proposing an amendment to the Constitution to authorize DeKalb County and the municipalities of Decatur and Avondale Estates to establish and maintain development and redevelopment pro grams for the development or redevelopment of areas within their respective boundaries.

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

SB 406. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend an Act creating the State Board of Examiners of Plumbing Contractors, as amended, so as to provide for the appointment of additional members to the Board; to provide an effective date.

SB 554. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act," as amended, so as to provide for representation of the Department of Offender Rehabilitation on a Coordinating Committee for Exceptional Individuals; to provide for quarterly reports to the Governor; to provide for matters related thereto; to provide an effective date.

The House has passed, by substitute, by the requisite constitutional majority the following bills and resolution of the Senate:

TUESDAY, FEBRUARY 28, 1978

1859

SB 425. 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 provide for exceptions under certain circumstances; to continue certain regulations; to provide exceptions.

SB 457. By Senators Broun of the 46th, Lester of the 23rd and Overby of the 49th:
A bill to amend an Act creating the State Commission on Compensation, so as to change the provisions relating to the assistance given by the Commission to the General Assembly; to provide for meetings of the Commission; to change the salary of the members of the Commission.

SR 217. By Senators Holloway of the 12th, Starr of the 44th, Howard of the 42nd and others:
A resolution proposing an amendment to the Constitution, so as to completely revise Article X relating to retirement systems and education al scholarships and to change other provisions of the Constitution in connection with such revision; to provide for the submission of this amendment for ratification or rejection.

The President designated Senator Broun of the 46th to assume the Chair.

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

HB 1224. By Representatives Lambert of the 112th, Murphy of the 18th, Harris of the 8th and others:
A bill to provide appropriations for the fiscal year beginning July 1, 1978, and ending June 30, 1979; to provide an effective date; to repeal conflicting laws.

The Senate Committee on Appropriations offered the following substitute to HB 1224:
A BILL
To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1978, and ending June 30, 1979; to make and provide such appropriations for the operation of the State Govern ment, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the

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control and- administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1978, and ending June 30, 1979, as pre scribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus, Federal Revenue Sharing Funds, Anti-Recession Fiscal Assistance Funds and a revenue estimate of $2,290,000,000 for fisal year 1979.

PART I. LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislation Branch

8,565,000

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

8,165,000 8,165,000 8,165,000

2. For Election Blanks and Other Election Expenses _-...,,,,..._._._..-.__.._...-..$
Total Funds Budgeted ..____,,_-___._____._,,.._-_.$ State Funds Budgeted ._____...._._..__._____,,.$

400,000 400,000 400,000

Budget Unit Object Classes:
Operations _.__.__._-__.--__.-____-_._.___-_.___.__.,,.$ Election Blanks and Other
Election Expenses .--....-...-__._..-........_..,,.,,..$

8,165,000 400,000

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Gov ernor and Speaker of the House of Representatives; for membership in the National Conference of Commission ers on Uniform State Laws; for membership in the Coun cil of State Governments, the National Conference of State Legislatures and the National Conference of Insur ance Legislators and other legislative organizations, up on approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; for the Legislative Services Committee, the Office of Legis lative Counsel and the Office of Legislative Budget

TUESDAY, FEBRUARY 28, 1978

1861

Analyst; for the operation of the Georgia Educational Improvement Council; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, sup plies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; for costs of the Georgia Official and Statistical Register; and for payments to Presidential Electors. The provi sions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Gov ernment, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Gov ernment. The Committee is hereby authorized to promul
gate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits __...,,.__.._$ 3,243,275

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

2,893,275 2,893,275 2,893,275

2. Tax Ratio Study ....._._......_...__....._....._-....._$ Total Funds Budgeted --,,.-,,.....--_,,---....___$ State Funds Budgeted .._---.-.._--__~___~~__j

350,000 350,000 350,000

Budget Unit Object Classes:
Operations _-._.....--_....__.._....-...._.._...._._._$ Tax Ratio Study _._,,_..._...__...,,.__..__.__.....$ Passenger Carrying Motor Vehicles

2,893,275 350,000 22

PART II. JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court

1,449,880

1862

JOURNAL OF THE SENATE,

For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contributions and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during- the fiscal year. Provided, however, that the sum of $7,500 shall be allo cated for the payment of attorneys' fees and legal ex penses for indigent defendants in criminal cases on 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 .....,,........,,_..._._.$ 11,156,470

For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges' salaries, contingent expense allowance authorized by law, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law.

Provided, however, that none of the above appro priation shall be expended for the payment of travel, tuition and expenses to attend the National College of State Trial Judges.
For payment of salaries, the payment of mileage and other expense 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 $25,666 per annum for each additional Judge Emeritus position established during the fiscal year, and by the amount of $17,000 per annum for each additional District Attorney Emeritus position established during the fiscal year.
Provided, further, that the listed appropriation shall be increased by the amount of $74,000 per annum for each judgeship created by law during the 1979 session of the General Assembly.

TUESDAY, FEBRUARY 28, 1978

1863

Provided, that of the above appropriation relating to Superior Courts, $283,110 is designated and committed for the Prosecuting Attorney's Council for operations and $51,360 is designated and committed for the Sen tence Review Panel.

Section 5. Court of Appeals. Budget Unit: Court of Appeals

..$ 1,550,190

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

Section 6. Administrative Office of the Court.
Budget Unit: Administrative Office of the Court ......_,,_......._...._,,_._....._.._....,,$
Total Funds Budgeted ....,,...._........._....._......_..$ State Funds Budgeted __,,_______.___..______.__.___..$

522,000 1,106,626
522,000

For the cost of operating the Administrative Offices of the Court.
Provided, however, of the above appropriation, $30,000 is designated and committed for funding of a Judicial College.
Section 7. Appellate Court Reports. Budget Unit: Court Reports .....--_--_--....,,_.~.f

120,000

For the cost of printing and distributing the re ports of the Supreme Court and Court of Appeals.

Section 8. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission _...__.._--_....--_._.--_._,,_...,,.

56,652

For the cost of operating the Judicial Qualifications Commission.

Section 9. Board of Court Reporting. Budget Unit: _..._,,.._..______._.._.,,.

8,400

For the cost of operating the Board of Court Re porting.

1864

JOURNAL OF THE SENATE,

Section 10. Council of Juvenile Court Judges. Budget Unit: ___.___,,_..______.___._.._.____,,.,,______._

67,000

For the cost of operating the Council of Juvenile Court Judges.

PART III. EXECUTIVE BRANCH

Section 11. Department of Administrative Services.
A. Budget Unit: Department of Administrative Services ........................................ ^ 10,856,083

1. State Properties Commission Budget:
Personal Services .......................... ..^ Regular Operating Expenses ............... ...^ Travel ......................................... ^ Motor Vehicle Equipment Purchases ....... $ Publications and Printing ...._..............._..._......$ Equipment Purchases .._...--.--.--._...---.-------.$ Computer Charges ..........................................^ Real Estate Rentals ......................................^ Telecommunications ----.--__----._-____-.--._._--._$ Per Diem, Fees and Contracts _-.._-.----_._,,.____.$ Total Funds Budgeted ............................ ^ State Funds Budgeted .................................^ Total Positions Budgeted

142,500 21,058 3,000 --0-- 3,000
500 --0-- --0--
2,000 15,000 187,058 187,058
9

2. Departmental Administration Budget:
Personal Services .............--..--.....--........-...-..-I Regular Operating Expenses ___.__---.-.-....-.-$ Travel ...............................................^ Motor Vehicle Equipment Purchases ....._--.,,$ Publications and Printing ..........................4 Equipment Purchases .........-__..,,._....._.--.----.$ Computer Charges ............................................^ Real Estate Rentals ...................................... ^ Telecommunications ......................................... ^ Per Diem, Fees and Contracts .....................--^ Direct Payments to Georgia Building
Authority for Capital Outlay ..--------$ Direct Payments to Georgia Building
Authority for Operations ..................... ..^ Direct Payments to Georgia Building
Authority for Authority Lease Rentals ._.$ Total Funds Budgeted ........................... ^ State Funds Budgeted ............................^ Total Positions Budgeted

627,447 42,839
7,400 --0--
3,800 5,800 --0-- --0-- 17,000 --0--
120,000
--0--
850,000 1,674,286 1,674,286
36

TUESDAY, FEBRUARY 28, 1978

1865

3. Fiscal Administration Budget:
Personal Services --------.--....--------------$ Regular Operating- Expenses --.----_------$ Travel ___--_----------__-__.___--------._--.$ Motor Vehicle Equipment Purchases _,,,,_.$ Publications and Printing ----.,,--,,_----_----__$ Equipment Purchases ------.----------__----.$ Computer Charges _----_.--..,,--__------.----.$ Real Estate Rentals ..,,--.------------_--.--.----..$ Telecommunications ----.----._------..--------$ Per Diem, Fees and Contracts ----_--.-------.$ Total Funds Budgeted .------_._----__------------$ State Funds Budgeted _--------__----__----.f Total Positions Budgeted

440,000 25,330 3,200
--0-- 6,000 3,075
3,775,000 --0-- 10,000 --0--
4,262,605 4,262,605
23

4. Self-Insurance Administration Budget:
Personal Services ___--,,--------_.._--.--__------_$ Regular Operating Expenses _--------------$ Travel _----._-------..__------------._------._--.f Motor Vehicle Equipment Purchases _--_--__$ Publications and Printing --_----__--,,._.--$ Equipment Purchases _.._.--------_----------$ Computer Charges ,,--------.--__----------$ Real Estate Rentals ----__----------------,,----.$ Public Safety Officers Indemnity Fund .,,.......$ Telecommunications ------------------------.$ Per Diem, Fees and Contracts --,,--------,,_--$ Workmen's Compensation ._..--...._--------._.--j State Liability Self-Insurance Reserve _.___..$ Unemployment Compensation Reserve --_,,...$ Total Funds Budgeted --_----------_------,,_--.$ State Funds Budgeted _-.------__----_----------$ Total Positions Budgeted

330,073 8,493 33,400
--0-- 2,825 4,800 500
--0-- --0--
10,250 --0-- 2,100,000 --0-- 700,000 3,190,341 3,135,886
22

5. Procurement Administration Budget:
Personal Services _-------------__------_-------$ Regular Operating Expenses ----------_----.$ Travel _...------._----...----------.--.----------.-$ Motor Vehicle Equipment Purchases --------$ Publications and Printing .._.----._..._----..----.$ Equipment Purchases .._---------....----._--.$ Computer Charges ..----------._._--..------_----.$ Real Estate Rentals ---_..--------..,,,,----,,.-..$ Telecommunications ----.----_,,----_----.----$ Per Diem, Fees and Contracts ----_----------_.$ Total Funds Budgeted __--_------__------------.$ State Funds Budgeted __----.--_.----------------.$ Total Positions Budgeted

841,980 62,500 5,800 --0-- 26,500
3,700 97,000 -- 0-- 34,200 --0-- 1,071,680 1,071,680
53

6. General Services Administration Budget:
Personal Services _-_--_--._.----------_----.$ Regular Operating Expenses ----.----..------$

165,000 75,710

1866

JOURNAL OF THE SENATE,

Travel ..................................................... .....^ Motor Vehicle Equipment Purchases --....,,...$ Publications and Printing .-.-_.--.--...---_---..__..$ Equipment Purchases ............_.._.._...__............ $ Computer Charges ........................................... ^,
Real Estate Rentals .......................................$ Telecommunications ._....._..,,.......,,,,_.......__._._..$ Per Diem, Fees and Contracts --,,--.,,..------ $ Total Funds Budgeted ...................................$ State Funds Budgeted ........................................^ Total Positions Budgeted

750 5,200
100 5,000 --0--
--0-- 3,000
--0-- 254,760 129,241
14

7. Property Management Administration Budget:
Personal Services _..__........--..._....--...--___._._.__.$ Regular Operating Expenses ..--...--.---..._...,,.$ Travel .......................................................... ..^ Motor Vehicle Equipment Purchases ..,,------.$ Publications and Printing .._........,,....__...........$ Equipment Purchases --.--.....--.._----_--,,--.-- $ Computer Charges ........_......_............_.._.-..._-.$ Real Estate Rentals ..................................... ...^ Telecommunications --__------.----,,--. --._-___$ Per Diem, Fees, and Contracts ...................... ^ Total Funds Budgeted ..................................^ State Funds Budgeted ._____.______.___.__.__..___.._-..$ Total Positions Budgeted

247,500 20,680 4,200 --0--
700
250
21,960
20,029 7,200 1,450 323,969 323,969
16

8. Data Processing Services Budget:
Personal Services ........................................$ Regular Operating Expenses ........._...-........--. $ Travel ............................................$ Motor Vehicle Equipment Purchases ,._--_----.$ Publications and Printing ............................ ^ Equipment Purchases ..._.,,...,,.._,,._..._......._....._. $ Computer Charges ........................................^ Rents and Maintenance Expense _.--.._...__...._.$ Real Estate Rentals ............................ ..........^ Telecommunications _.--.--..--.--....----.--...--.-$ Per Diem, Fees and Contracts ..........................^ Total Funds Budgeted ___.___..,,__.._____.-.,,-...-- $ State Funds Budgeted ..................................$ Total Positions Budgeted

10,291,897 1,199,060
31,500 --0--
17,100
103,600
215,000 10,325,000
192,300 253,000 1,400,000
24,028,457
--0-- 694

9. Motor Pool Services Budget:
Personal Services ...............................$ Regular Operating Expenses ___.._--.--..._.--$ Travel ....................................... ^ Motor Vehicle Equipment Purchases --------$ Publications and Printing ...........................^ Equipment Purchases .................................--...^ Computer Charges ..........................--...............^

323,200 617,300
900 248,560
1,550 5,075
1,500

TUESDAY, FEBRUARY 28, 1978
Real Estate Rentals ...........................................^ Telecommunications ...._._.__.,,........._....,,_.$ Per Diem, Fees and Contracts _------_._--.--..$ Total Funds Budgeted .................................^ State Funds Budgeted ....._....--_..-....-.__...,,.....$ Total Positions Budgeted

1867
720 5,300 --0--- 1,204,105 --0--
29

10. Communication Services Budget:
Personal Services .............................................$ Regular Operating Expenses ...........................$ Travel .................... ....^.....^... ........$ Motor Vehicle Equipment Purchases ,,__--__,,.$ Publications and Printing ........._.._._....._..._.._.$ Equipment Purchases __.________,,..___--____-_--_$ Computer Changes ..,,.,,....._.........._.-__.....,,..--..? Real Estate Rentals .........................-...--.........^ Telecommunications _--,,--------.--,,_--._--._._$ Per Diem, Fees and Contracts _-.--,.._.._.._.--.$ Telephone Billings .._._......................_....._.........$ Total Funds Budgeted .....................................^ State Funds Budgeted .....................................^ Total Positions Budgeted

1,617,200 300,230 8,300 --0--
42,000 13,200
76,000 37,400 2,000 15,500 14,891,000 17,002,830 --0--
107

11. Printing Services Budget:
Personal Services _,,.--_____-_.__--__,,______._--.______$ Regular Operating Expenses .........................$ Travel ...................................^...$ Motor Vehicle Equipment Purchases ,,--_.....$ Publications and Printing ................................$ Equipment Purchases ......................................$ Computer Charges ,,....,,....,,_.,,._._._._.._......_.$ Real Estate Rentals ......................................$ Telecommunications .--.--------.----.------------$ Per Diem, Fees and Contracts ..._--._--__......$ Total Funds Budgeted ............... ^.......................$ State Funds Budgeted ..................................^ Total Positions Budgeted

956,300 1,127,614
3,000
--0-- 800
53,800 5,250 66,050
11,250
630 2,224,694
--0-- 77

12. Central Supply Services Budget:
Personal Services ....._......,,........_......,,.,,,,.........$ Regular Operating Expenses ...........................$ Travel .........................................................^ Motor Vehicle Equipment Purchases __._,,_._-$ Publications and Printing ..............................$ Equipment Purchases ._._.__..--,,--_...--_._..,,.$ Computer Charges _.---_.---,,.--.,--...----.--...----$ Real Estate Rentals ...._...-......,,......._...__...._..$ Telecommunications --.----..---------..------..---$ Per Diem, Fees and Contracts ...............^........$ Total Funds Budgeted ...............................$ State Funds Budgeted .,,.._....,,.....,,....,,..._._...$ Total Positions Budgeted

142,500
1,805,070
400 --0--
2,200 2,215 --0-- 54,350 4,500
800
2,012,035 --0-- 12

1868

JOURNAL OP THE SENATE,

13. Volunteer Services Budget:
Personal Services ._._._.__..____._._._..--_..$ Regular Operating Expenses ......--_---------$ Travel ..__-_.___._._.._._.._._.._.__-_......--$ Motor Vehicle Equipment Purchases ...--...--$ Publications and Printing .._._..__.._..__..._..__.....$ Equipment Purchases _._.............._.._....__......$ Computer Charges ~_-..~_.-_.~.--_--.....--..--.--_$ Real Estate Rentals ............_.._..._.....___._.........-$ Telecommunications ._._-_..____-.._._____$ Per Diem, Fees and Contracts ___.___..___..____._..-..$ Total Funds Budgeted _..-._.._-._._._._-__--$. State Funds Budgeted .._._._.__..-__._...._$ Total Positions Budgeted

46,000 6,569 3,200 --0-- 6,000 3,989 --0-- --0-- 1,800 3,800 71,358 71,358
3

Budget Unit Object Classes:
Personal Services _.___..___..._......._.._.....$ Regular Operating Expenses _._.._.--_..-.__..--$ Travel _._._...__._.__..__._..____.__.._$ Motor Vehicle Equipment Purchases -..._-..--..$ Publications and Printing _..,,--_._.__.___..,,$ Equipment Purchases _._...._--._---_.___..$ Computer Charges ....__.__._..-._..-.___.__...$ Real Estate Rentals ....-._..._.._.-_..-._._.__...$ Telecommunications _._...._._.....___._._.$ Per Diem, Fees and Contracts _._.._.._...._.._$ Rents and Maintenance Expense _.._._.__..._.....$ Workmen's Compensation _._._...._..._......_.$ Direct Payments to Georgia Building
Authority for Operations .__..._..--_--_..--_.......$ Direct Payments to Georgia Building
Authority for Capital Outlay _........._.__.....$ Direct Payments to Georgia Building
Authority for Authority Lease Rentals ......$ State Liability Self-Insurance Reserve ......_..$ Telephone Billings ......_.___............_........$ Public Safety Officers Indemnity Fund _......$ Unemployment Compensation Reserve --._....$ Total Positions Budgeted Passenger Carrying Motor Vehicles

16,171,597 5,312,453
105,050 253,760 112,575 205,004 4,192,210 370,849 361,500 1,437,180 10,325,000 2,100,000
--0--
120,000
850,000 --0--- 14,891,000 --0-- 700,000
1,095 334

E. Budget Unit: Georgia Building Authority ...--..$ --0--

1. Georgia Building Authority Budget:
Personal Services ____._.._..._..._.._...-.-$ Regular Operating Expenses ._.._........_.._......$ Travel _.._.._.__.._.._._.__.._.._..._....__._$ Motor Vehicle Equipment Purchases _..-.......-$ Publications and Printing ...........__.._.__...._$ Equipment Purchases _._.__....................._....$ Computer Charges ...._.,,.._,,.__....................$ Real Estate Rentals ....--......_....._.._.._._._|

5,689,687 1,620,583
3,100 20,000 17,000 79,093 --0-- --0--

TUESDAY, FEBRUARY 28, 1978

1869

Telecommunications --.________..--...____$
Per Diem, Fees and Contracts _..--.._.-._--_._$ Capital Outlay __...._....._....._._...._......___..$ Authority Lease Rentals __.._.._....__._.,,__.$ Utilities .___..-_..___._._.._._.__,,__..___._..$ Facilities Renovations & Repairs _..--._..____..-$ Total Funds Budgeted .__.-..__.__-_._.___.__._..$ State Funds Budgeted ___..____--.___._..______.__.____$ Total Positions Budgeted

45,000
77,000 120,000 1,398,663 2,500,000 --0-- 11,570,126 --0--
403

Budget Unit Object Classes:
Personal Services -___.___.--.____.._.______.____.$ Regular Operating Expenses --_...._,,___.._$ Travel ___.._.._.._._.._....__.._.._.._,,__..,,_..___$ Motor Vehicle Equipment Purchases .._--__._$ Publications and Printing _..____..__._._________,,$ Equipment Purchases _.__.__,,..__._._.___.,,__ $ Computer Charges _--___----.._--.__--_--._-.__-.-__.__.$ Real Estate Rentals -_..____-__.__-________.___-__..._-_..$ Telecommunications __________________________...._$ Per Diem, Fees and Contracts _______._..__...$ Capital Outlay _______...____.__..__.._____.$ Authority Lease Rentals _._____,,_.,,.___.__ $ Utilities __.._.__..__.__.,,____.___.__.._.__.$ Facilities Renovations and Repairs _____.$ Total Positions Budgeted Passenger Carrying Motor Vehicles

5,689,687 1,620,583'
3,100 20,000 17,000 79,093 --fr-- --0-- 45,000 77,000 120,000 1,398,663 2,500,000 --0--
403 39

The Authority is authorized to increase the amount budgeted for Facilities Renovations and Repairs by such amounts as are approved for other Agencies or Author ities of the State by the Office of Planning and Budget, and by such amounts as are received from other sources for renovations or repairs.

Section 12. Department of Agriculture. A. Budget Unit: Department of Agriculture .___._,,$ 15,944,709

1. Plant Industry Budget:
Personal Services _______._._._._..____._.___..__._$ Regular Operating Expenses ___.__.._____._$ Travel ___.__.__._______________._,,_.$ Motor Vehicle Equipment Purchases _~.____$ Publications and Printing _________...________$ Equipment Purchases .__--_-___-____.._________.._$ Computer Charges ._.--.__..______.__--__.$ Real Estate Rentals ,,..____..__-____.._$ Telecommunications ______________$ Per Diem, Fees and Contracts ,,_._____4 Total Funds Budgeted ___..__.___._...._...___$ State Funds Budgeted ______._.____$ Total Positions Budgeted

2,339,642 188,808 115,000 38,400 11,000 45,800 --0-- 2,200 27,000 8,100
2,775,950 2,610,950
182

1870

JOURNAL OF THE SENATE,

2. Animal Industry Budget:
Personal Services __.____.-___,,.._.____._____..__,,_______._,,-$ Regular Operating Expenses _--..__.,,-__,,___---$ Travel .-....._....._._._..-._....._...._......__..___...,,.....$ Motor Vehicle Equipment Purchases .____._--.$ Publications and Printing ...._._--._._.,,..._._..$ Equipment Purchases _..--_--..----._...-------.$ Computer Charges --.--..__--.-,,-_--_--_-.---_--_.$ Real Estate Rentals __.._...._...._......,,......._..._......$ Telecommunications --._--.----___._...--...----$ Per Diem, Fees and Contracts ._,,___--____..__._-- $ 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

708,000 101,430
31,500 9,600 4,000 4,500 --0-- --0-- 20,000 --0-- 289,658 479,820 697,000 375,000
220,000
265,000 150,000 3,355,508 3,235,508
49

3. Marketing Budget:
Personal Services ._....,,___..-....,,.....,,._......._...._.$ Regular Operating Expenses __---_.__.._....----$ Travel _________________________._.__.________..______.$ Motor Vehicle Equipment Purchases ________.___.$ Publications and Printing __________---__-____.__.$ Equipment Purchases --._-....._..._.,,._.._..-----.$ Computer Charges _,,__.._..._-.....--...----..-,,.--._.$ Real Estate Rentals ..-..,,._._...._...._..-..,,_....,,..__.$ Telecommunications --_..,,--_-------_--.,,,,------.$ Per Diem, Fees and Contracts _..._-._..,,..-....$ Authority Lease Rentals _..-._.,,..._..-..-..-_....._..$ Total Funds Budgeted ......,,..._..........-..._._._._..$ State Funds Budgeted __,,_____.___.__.,,_______._,,__._$ Total Positions Budgeted

678,000 138,100 70,000 --0--
4,400 4,700 --0-- --0-- 17,000 16,700 195,000 1,123,900 1,123,900
39

4. Major Markets Budget:
Personal Services ._....._..,,.-.....-.......-_,,__._..._...$ Regular Operating Expenses ._.._--.._-...,,--._.$ Travel _....-__--._....__-._.._..._._.---_--._..-.-$ Motor Vehicle Equipment Purchases --.--.--.$ Publications and Printing _.._..-_.__-..._........_..$ Equipment Purchases _.......__.,,....__...-..___.._$ Computer Charges __..__.._-._.._._-_-_....._..--$ Real Estate Rentals ._........_...-.,,...-....-..._--...---$ Telecommunications --..------.._-_-_.--------.--$ Per Diem, Fees and Contracts _...-......__-_--$

1,229,000 500,880 13,000 4,800 27,800 17,800 --0-- --0-- 23,100 21,000

TUESDAY, FEBRUARY 28, 1978

1871

Total Funds Budgeted ........................ .....^ State Funds Budgeted ....................................^ Total Positions Budgeted

1,837,380 478,160 llg

5. General Agricultural Field Forces Budget:
Personal Services ............................................$ Regular Operating Expenses ----..-_--_,,_.--,,_.$ Travel _.__-_________..______..__...................$ Motor Vehicle Equipment Purchases .._.--_----$ Publications and Printing ................................^ Equipment Purchases ............................... .....^ Computer Charges ...._.....................,,.._._.__.__,,..,,$ Real Estate Rentals .................................. ^ Telecommunications .......................................$ Per Diem, Fees and Contracts ................ .^ Total Funds Budgeted .................................$ State Funds Budgeted ...............................$ Total Positions Budgeted

1,457,000 66,700 150,000 9,600 500 750
--0-- 3,300 15,500
--0-- 1,703,350 1,703,350
125

6. Internal Administration Budget:
Personal Services ........................................ ...^ Regular Operating Expenses ---....--_.--___.$ Travel --,,_....._.....---_...._.._._..__-......-....._$ Motor Vehicle Equipment Purchases _,,_--___._.$ Publications and Printing _...._,,__...._......._.....,,$ Equipment Purchases --.--._--_--_--_--_........$ Computer Charges ............................. ....^ Real Estate Rentals .................... ................^ Telecommunications ...^.........................^........$ Per Diem, Fees and Contracts _..____,,_______,,______.$ Advertising Contract ...................................^ Total Funds Budgeted ............ ......^............. ^ State Funds Budgeted ................................. ^ Total Positions Budgeted

820,000 88,350 15,000 19,200 5,000 2,000 87,156 --0-- 36,700 20,750 35,000 1,129,156 1,129,156
55

7. Information and Education Budget:
Personal Services .................................. ^ Regular Operating Expenses ...........................^ Travel ................................................................^ Motor Vehicle Equipment Purchases ..___--__,,__$ Publications and Printing ............................^ Equipment Purchases ..................................$ Computer Charges ...........................................$ Real Estate Rentals ............................................$ Telecommunications ---------------------..----.$ Per Diem, Fees and Contracts ,,__--._,,._..__._._____ $ Total Funds Budgeted .....................................^ State Funds Budgeted __,,________.__-_._,,_-____.___.._.$ Total Positions Budgeted

128,000 214,660'
1,000 --0-- 271,000 --0-- --0-- --0--
5,000 --0-- 619,660 619,660
11

8. Fuel and Measures Standards Budget: Personal Services ,,...,,.--._...........__..-_..._..._..$

804,000

1872

JOURNAL OF THE SENATE,

Regular Operating Expenses ................... ...^ Travel __.._------_--_--------------....----_.....$ Motor Vehicle Equipment Purchases ----_--$ Publications and Printing __--------------_--$ Equipment Purchases --.------------------$ Computer Charges --------_----------------$ Real Estate Rentals _--------.----..--------$ Telecommunications ------------_................... ^ Per Diem, Fees and Contracts ....................-^ Total Funds Budgeted ..........................^ State Funds Budgeted ............................... ^ Total Positions Budgeted

134,060 66,000 89,000 1,500 21,550 --0-- --0-- 13,000 --0-- 1,129,110 1,123,110
66

9. Consumer Protection Budget:
Personal Services __----_----_------------------$ Regular Operating Expenses ........................ .^ Travel ...................................................^ Motor Vehicle Equipment Purchases ._..__.._.,,.$ Publications and Printing ...............................^ Equipment Purchases --------.-----------$ Computer Charges __----------_------___--__--$ Real Estate Rentals ...........................................^ Telecommunications --------...----_-_.........$ Per Diem, Fees and Contracts ........................^ Total Funds Budgeted ................................ .._..$ State Funds Budgeted ............................... $ Total Positions Budgeted

592,000 50,920 14,000 14,400 3,500 1,000 --0-- --0-- 8,200
1,000 685,020 685,020
37

10. Consumer Protection Field Forces Budget:
Personal Services _------------------------_--$ Regular Operating Expenses ...........--......--....$ Travel _._._----_________------....----..__---..........$ Motor Vehicle Equipment Purchases _.....--$ Publications and Printing ------.--..----..----$ Equipment Purchases _----------------------$ Computer Charges ----------------. .--.......$ Real Estate Rentals ..........................^..............$ Telecommunications ---_.-------------------- $ Per Diem, Fees and Contracts .......................^ Total Funds Budgeted _----._..--_.....-........_..$ State Funds Budgeted ...................................^ Total Positions Budgeted

1,709,000 71,800 102,000 33,600 550 1,000
--0-- 7,500 19,000
--0-- 1,944,450 1,619,450
121

11. Meat Inspection Budget:
Personal Services ..............................................^ Regular Operating Expenses ----------.----.$ Travel ..........................................__....--$ Motor Vehicle Equipment Purchases __--_--$ Publications and Printing .........................^.....^ Equipment Purchases ......__............__..........$ Computer Charges ------------__................ ^ Real Estate Rentals ..........................................^

2,000,000 38,560 156,000
--0-- 500 735
-- 0-- --0--

TUESDAY, FEBRUARY 28, 1978
Telecommunications ,,_--.-.,,...__...-..._._..........._...$ Per Diem, Fees and Contracts ______.___._.__________.$ Total Funds Budgeted _...._....._,,...,,,,...__........._...$ State Funds Budgeted ....._......__..........._..,,........_ $ Total Positions Budgeted

1873
15,000 75,150 2,285,945 932,945
149

12. Fire Ant Control Budget:

Personal Services .__..._._....,,....._........,,.__...__.__,,....$

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

Travel

.__.__..__.,,.__$

Motor Vehicle Equipment Purchases _._...__......$

Publications and Printing __..._.,,_._----___----.,,__$

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

Computer Charges .______._-_-_-._-_____,,___---____..___.--.$

Real Estate Rentals ..____._.___-.___._.__.__.__.______.____.$

Telecommunicatons --_,,_--_-_--.--._--,,._...._.--.$

Per Diem, Fees and Contracts ..--_._.--,,_--.__.--.$

Purchase of Bait and Airplane Contracts ...._ $

Total Funds Budgeted ,,__._......,,,,__._...............__..$

State Funds Budgeted .._____..__.__..____.___._.,,.._____.$

Total Positions Budgeted

80,000 --0--
15,000 --0-- --0-- --0-- --0-- -- 0-- --0-- --0-- 405,000 500,000 500,000
0

13. Georgia Agrirama Development Authority Budget:
Direct Payments to Georgia Agrirama Development Authority for Operations _.....$
Total Funds Budgeted ___.____..____________.____,,_.___..__.$ State Funds Budgeted ...... ._.....-_..-,,$ Total Positions Budgeted

183,500 183,500 183,500
0

Budget Unit Object Classes:
Personal Services ............-._._--_......-_..._......__ Regular Operating Expenses _...--.___.....--,,.. Travel ....... ...... ....... ..,,.....----..- _._.___ Motor Vehicle Equipment Purchases ....._. Publications and Printing ____,--,,---- Equipment Purchases .._--.--._...--....--..---- Computer Charges .,,..-.,,..,,..--.-.--.--.--.,,.--. Real Estate Rentals _....----...--_,,.-.__----- ,,. Telecommunications --.-,,.--_,,--__._--_----_---- Per Diem, Fees and Contracts .__.--.,,--_,,.--. Purchase of Bait and Airplane Contracts 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 ._.._._..-._...,,.....,,.,,....

12,544,642 1,594,268 748,500 218,600 329,750 99,835 87,156 13,000 199,500 142,700 405,000 289,658 479,820 697,000 375,000
220,000
265,000 150,000 35,000

1874

JOURNAL OP THE SENATE,

Authority Lease Rentals ......_._..,,....._....,,.._......$ Direct Payments to Georgia Agrirama
Development Authority for Operations __.._.$ Total Positions Budgeted Passenger Carrying Motor Vehicles
Provided, that of the above appropriation relative to Regular Operating Expenses, $50,000 is designated and committed for livestock and poultry shows relating to research and promoting.
Provided, that of the above appropriation, up to $50,000 may be used (unmatched) for a study of alter nate methods of fire ant eradication, with emphasis on genetic research.
Provided, that of the above appropriation, up to $100,000 may be used to match Federal funds for a joint project to develop a pesticide for fire ant control.
Provided, that of the above appropriation relative to Contract with University of Georgia to Study Avian Disease, $15,000 is designated and committed to study the effect of aflatoxicosis on quail and other game birds.

195,000
183,500 952 197

B. Budget Unit: Georgia Agrirama Development Authority _______.________..__.___.______..$

--0--

1. Georgia Agrirama Development Authority Budget:
Personal Services ___,,_.__.._____._.___.._________.___._,,_-_.$ Regular Operating Expenses ........-__..---...._.--.$ Travel .,,-..-_._...._..,,_,,.-..,,$ Motor Vehicle Equipment Purchases _--...--..$ Publications and Printing ._,,___..,,.___.__.___._____.__.$ Equipment Purchases -_,,_-_--._--_._.--..----..,,--.$ Computer Charges ___...---.--.__...,,..--,,...--.._...-..$ Real Estate Rentals .__._............_,,..._......,,_..._._...$ Telecommunications ...._-..__.-_..........._.........._.__--..$ Per Diem, Fees and Contracts ... -._--_.. $ 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 --.-...,,...-_..,,--,,--,,..-.,,_..$ Computer Charges .,,--....---..--.._._--_..-_----$

361,277 69,850 4,200 --0-- 10,000 2,090 --0-- --0-- 3,800 11,660 462,877 --0--
48
361,277 69,850 4,200 --0-- 10,000 2,090 --0--

TUESDAY, FEBRUARY 28, 1978

1875

Real Estate Rentals ............... ..^ Telecommunications ___.._._........,,,,...._......__......__.$ Per Diem, Fees and Contracts _________.,,_____.,,_____.$ Total Positions Budgeted Passenger Carrying Motor Vehicles

-- 0-- 3,800 11,660 48 4

Section 13. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance ......................................................I

2,130,840

1. Administration Budget:
Personal Services ,,...._.-__..._......,,.___........_........_..$ Regular Operating Expenses __..--_.___..____--___--.$ Travel .............................................. .....^ Motor Vehicle Equipment Purchases ...__.,,....$ Publications and Printing ........__......,,........_,,.__. $ Equipment Purchases ....................... ....^ Computer Charges _____,,.._.,,.___-$ Real Estate Rentals ......................... ^ Telecommunications ................................$ Per Diem, Fees and Contracts __________________..____$ Total Funds Budgeted ______..___.___.___.____,,,,__._..____ $ State Funds Budgeted ...............................$ Total Positions Budgeted

462,890
37,640 9,000 --0-- 10,000 6,000 7,100 37,150 12,000
500
582,280 582,280
25

2. Examination Budget:

Personal Services ...-,,.....-_.._-.....-_..-...,,.-___-..-.-..$

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

Travel

..........

^

Motor Vehicle Equipment Purchases ______---$

Publications and Printing ......................... ^

Equipment Purchases ......................$

Computer Charges ,,--_..__.----....----_-----_-----$

Real Estate Rentals ............... ^

Telecommunications -......,,._..-- ....-----------..$

Per Diem, Fees and Contracts ....___.___......._.......$

Total Funds Budgeted ...._..__..._.._..._...__,,._.__..__..$

State Funds Budgeted ____..-... ... _.........$

Total Positions Budgeted

1,212,000 16,000 279,560
--0-- --0--
6,000 --0--
-- 0--
--0--
35,000
1,548,560
1,548,560
67

Budget Unit Object Classes:
Personal Services .............................. ..^ Regular Operating Expenses __,,_,,___._--____.__--_.$ Travel ................................................ ^ Motor Vehicle Equipment Purchases ........,,--.$ Publications and Printing ____.___.___________.______,,___.$ Equipment Purchases ........................ ^ Computer Charges ...... ... .------...-$ Real Estate Rentals ..................................$

1,674,890 53,640 288,560 --0-- 10,000 12,000 7,100 37,150

1876

JOURNAL OF THE SENATE,

Telecommunications ----. -- --...--_------.--.-..- $ Per Diem, Fees and Contracts ,,_.-_.._..._.-_-_-......$ Total Positions Budgeted Passenger Carrying Motor Vehicles

12,000 35,500
92 1

Section 14. Department of Community Affairs.
A. Budget Unit: Department of Community Affairs --.--.-...--.- ----- -.-.-$

2,275,559

1. Executive Office and Administrative Support:
Personal Services -----------------------$ Regular Operating Expenses --_------------$ Travel __.._.----._-------.--------------$ Motor Vehicle Equipment Purchases --------$ Publications and Printing __----------,,.------$ Equipment Purchases __.------------------$ Computer Charges --.------------------------$ Real Estate Rentals ------------------- $ Telecommunications --_.--_------_----------_.$ Per Diem, Fees and Contracts ------_--_----$ Total Funds Budgeted .----.-----------$ State Funds Budgeted ------_--_--_..------$ Total Positions Budgeted

412,685 32,258 21,600 --0-- 3,600 3,700 --0-- 37,950 4,000 44,680 560,473 495,473
24

2. Area Development:
Personal Services _.._--_.----.--.------..--$ Regular Operating Expenses ------------$ Travel _.._.--------------._...-_.--_--.---- $ Motor Vehicle Equipment Purchases ---------$ Publications and Printing __--___----------..__$ Equipment Purchases --___--_----.--------$ Computer Charges -..-----------------. $ Real Estate Rentals ----------------.---$ Telecommunications _------.___----.--._...----$ Per Diem, Fees and Contracts _..-.._..._.---.......$ Grants to Area Planning and
Development Commissions --_---_--_--_--.--.$ HUD 701 Planning Grants ....,,...,,._.._...._..._,,.$ Total Funds Budgeted ....._.....,,..._.-..-.......-.| State Funds Budgeted ....._._..-_-........-.-.._.__..? Total Positions Budgeted

300,000 8,000 10,000
--0-- 2,400 330 5,000 6,000 9,000 600
1,350,000 750,000
2,441,330 1,549,289
15

3. Local Development:
Personal Services ,,.....__._.__....--___--...-,,_...,,..$ Regular Operating Expenses --.--....._--..--_--.$ Travel ._.,,......,,_._._...__..._-..__._,,__._..__.._...$ Motor Vehicle Equipment Purchases ___.._.._$ Publications and Printing ........_......__....._.$ Equipment Purchases .._.._-...--..--.,,_._..--$ Computer Charges _.___..............__...._...,,._...$

370,948 10,014 29,300
--0--
6,200
--0--
1,500

TUESDAY, FEBRUARY 28, 1978

1877

Real Estate Rentals -.._._.._......_....,,_...,,.,,_...._..$ Telecommunications ___--_,,_._--._.________.._____--_______$ Per Diem, Fees and Contracts ...._......_,,..........$ Total Funds Budgeted -_..... ________.______$ State Funds Budgeted _..._._...,,..,,..__...._..........$ Total Positions Budgeted

--0-- 10,820 500
429,282 230,797
19

Budget Unit Object Classes:
Personal Services ...,,......._.._..-_...._......_..,,_...,,_.$ Regular Operating Expenses ___.___.,,,,_.__-____,,._$ Travel ...._..._......._......,,.....,,_..._.._,,..._.._..........$ Motor Vehicle Equipment Purchases ____--____,,$ Publications and Printing ______ _.,,______._____,,$ Equipment Purchases --,,___.--_,--_------___--_--$ Computer Charges ...--.,,..--,,.._-___..__-.-.._$ Real Estate Rentals __-.-.___.__- ______ -_-___--___$ Telecommunication ___-.______.___--------___._ _______ $ Per Diem, Fees and Contracts ........__........_.__..$ Grants to Area Planning and
Development Commissions _.-.--._......--......... $ HUD 701 Planning Grants ..........................._..$ Total Positions Budgeted Passenger Carrying Motor Vehicles

1,083,633. 50,272~ 60,900
--0-- 12,200 4,030 6,500 43,950 23,820 45,780
1,350,000 750,000 58 1

E. Budget Unit: State Building Administrative Board ,,-------_---._---._._---__.-._.?

91,500

State Building Administrative Board Budget:
Personal Service _._... -- ___--______._-______--___.$ Regular Operating Expenses --_--_----.------__.$ Travel _._--______-__---___--_.._-- $ Motor Vehicle Equipment Purchases ___--._--..$ Publications and Printing ____.__________.___.________$ Equipment Purchases --.--._.-......._.........._...-....$ Computer Charges _.....................-.._---_._.............$ Real Estate Rentals _..............-...........................$ Telecommunications __..._--_.._--...--_._--_--.-----.$ Per Diem, Fees and Contracts ....._._.._.-__......$ 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 -----.--.--_.....---.--_-$ Computer Charges .__._.-...__,,..---.._.___.------------$ Real Estate Rentals __.___..._...-..._._.--....----$ Telecommunications _..____--..._.._.--___._--$

76,000 2,000 5,000 --0-- 6,000 --0-- --0-- --0-- 1,500 3,500 94,000 91,500
5
76,000 2,000 5,000 --0-- 6,000 --0-- --0-- --0-- 1,500

1878

JOURNAL OF THE SENATE,

Per Diem, Fees and Contracts ...................^ Total Positions Budgeted Passenger Carrying Motor Vehicles

3,500 5 0

C. Budget Unit: Indian Affairs Commission ____..__$

67,487

Indian Affairs Commission Budget:
Personal Services _____--_________.__.,,_______,,.._--__-- $ Regular Operating Expenses -_,,..._-...-.-.,,..---$ Travel ............ ....^............... .^ Motor Vehicle Equipment Purchases __.__--_--.$ Publications and Printing ______,,___-___,,____.__._-$ Equipment Purchases ....................-...........-...--^ Computer Charges _.......--.,,_.--.....-...._--._,,.--..--$ Real Estate Rentals .........................................^ Telecommunications _____,,--._.___.___-.___,,___-__._,,.$ Per Diem, Fees and Contracts .._.__...,,..,,...._._..$ Total Funds Budgeted .......................................^ State Funds Budgeted ....................... ....^ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services .....................................^ Regular Operating Expenses ........................ ^ Travel ................................ i Motor Vehicle Equipment Purchases _,,------.$ Publications and Printing ....................... ^ Equipment Purchases ..................................^ Computer Charges ................................... .^ Real Estate Rentals .__.._._-._,,_..,,..-_.._._...$ Telecommunications . __..,,_,,.._.--......------..--- $ Per Diem, Fees and Contracts ..........................^ Total Positions Budgeted Passenger Carrying Motor.Vehicles

66,521 2,315 3,000 --0-- 1,200
300 --0--
4,182 2,200 9,818 89,536 67,487
4
66,521 2,315 3,000 --0-- 1,200
300 --0--
4,182 2,200 9,818
4 0

D. Budget Unit: State Crime Commission .-_----_$
1. State Crime Commission Planning and Grant Administration Budget:
Personal Services ..........................................$ Regular Operating Expenses ----.--------.-----$ Travel .......... ..^............................... ^ Motor Vehicle Equipment Purchases ,,.-,----- $ Publications and Printing ............................^ Equipment Purchases .......^...... .....................^ Computer Charges ............................... ..^-^ Real Estate Rentals .....................................$ Telecommunications ........................................-$ Per Diem, Fees and Contracts ....__..._--,,.-$ Total Funds Budgeted _.....__...._....___..........._..._..$ State Funds Budgeted ______.___.___..._.,,_..____________._.$ Total Positions Budgeted

610,924
616,389 33,107 21,116 --0-- 18,125 --0-- 3,345 37,220 18,500 17,922 765,724 97,924
32

TUESDAY, FEBRUARY 28, 1978

1879

2. LEAA Grants Budget:
LEAA Juvenile Justice .______._____.-.__,,__$ LEAA Action Local _-,,_.__._______.___,,.____.____.____.? LEAA Action State ....._.,,._....._.......__._.__..__.._.-...$ LEAA State Buy-In _........._._._...._.._._..._..__...__._._.$ LEAA Buy-In Reserve _...__..,,_........._._...._..........$ LEAA Planning _....._.___._....,,..__.....___._____.....__.._._.$ Total Funds Budgeted .___.._.___.___________._.._________._.$ State Funds Budgeted ......_....._........._._..._.......__..$ Total Positions Budgeted

1,500,000 3,750,000 2,725,000
210,000 303,000 378,000 8,866,000 513,000
0

Budget Unit Object Classes:
Personal Services ....___.__..__._....__..._____......._.........$ Regular Operating Expenses ...---._,,,,--__.___.-- $ Travel __..__.._....__.,,........_........._.......,,....,,...__......_. $ Motor Vehicle Equipment Purchases ,,..--_----$ Publications and Printing .._.__.-........,,...,,._._.--.$ Equipment Purchases _.._....-......--._._._.._.._..... $ Computer Charges ..-.--.._.......-__........._...,,...._.._-$ Real Estate Rentals ........._,,.._...._._.$ Telecommunications -....-.----._._,,..-...._.--...__.._-$ Per Diem, Fees and Contracts .._....._._....._..,,...$ LEAA Action Local ._.....--__-...__.,,....__.........__..___ $ LEAA Action State _______.__.,,_____.___._____...___________.$ LEAA State Buy-In ___.._,, ._._...$ LEAA Buy-In Reserve .___...__..-__._$ LEAA Planning ___._._._______._____._._.___..._._,,_______.___.$ LEAA Juvenile Justice __...__......,,._....._...._......_..$ Total Positions Budgeted Passenger Carrying Motor Vehicles

616,389 33,107 21,116 --0-- 18,125 --0--
3,345 37,220 18,500 17,922 3,750,000 2,725,000 210,000 303,000 378,000 1,500,000
32 4

For general administrative cost of operating the State Crime Commission Office, including the State "buy-in" for Law Enforcement Assistance Agency grants to local governmental units.

Section 15. Office of Comptroller General. Budget Unit: Office of Comptroller General ... $

3,685,861

1. Internal Administration Budget:
Personal Services __..--,,____,,--.____,,.._..__ Regular Operating Expenses __..---.-... Travel _...____.__._._.___.___.____..__._.._...____.....__._. Motor Vehicle Equipment Purchases Publications and Printing __.......__.,,...... Equipment Purchases _........._..._.,,...__.._ Computer Charges ______________________________ Real Estate Rentals .--.....,,................_.. Telecommunications ....._.,,_...-.-..---..-.

327,630 57,902
9,000 --0--
6,900 --0-- --0-- --0--
13,000

1880

JOURNAL OF THE SENATE,

Per Diem, Fees and Contracts ..--.....--.....----..$ Total Funds Budgeted ...............................^ State Funds Budgeted ...........................^ Total Positions Budgeted

5,000 419,432 419,432
19

2. Insurance Regulation Budget:
Personal Services _....._._._....._____......,,.._-.._.----- $ Regular Operating Expenses __......._..--..._.----..$ Travel ......................$ Motor Vehicle Equipment Purchases ___----._-$ Publications and Printing ...............................^ Equipment Purchases .............................. ^ Computer Charges ..................... ..^. Real Estate Rentals ............................................^ Telecommunications ...._.--....----.......--._----..--$ Per Diem, Fees and Contracts --.....--......-.......$ Total Funds Budgeted ____-__.___.___._,,_._____..___.______..$ State Funds Budgeted ......................... ^ Total Positions Budgeted

615,500 40,260 7,000
--0-- 27,000 1,248 34,400
--0-- 23,500 14,000 762,908 762,908
43

3. Industrial Loans Regluation Budget:
Personal Services ........................... ...^ Regular Operating Expenses ___..___----_.--------$ Travel ........___......._.__-._-......_-..___-...,,..-..__---...$ Motor Vehicle Equipment Purchases __-._--,,._.$ Publications and Printing ..........................--....-^ Equipment Purchases ...._,,_...._._,,_.._.--.....----,,-$ Computer Charges --_.,,--__----___--_--_.----~--$ Real Estate Rentals .......................... ^
Telecommunications ..................................... ^
Per Diem, Fees and Contracts ,,...,,__--...__..--_,,.$
Total Funds Budgeted .......................$
State Funds Budgeted .......... ...... ^
Total Positions Budgeted

255,700 20,120 12,000 4,500 2,400 --0-- --0-- --0--
5,000
--0--
299,720
299,720
15

4. Information and Enforcement Budget:
Personal Services ....................................--.........^ Regular Operating Expenses ______._--,,__,,,,-.,,--$ Travel ................................... .^ Motor Vehicle Equipment Purchases .,,----..--$ Publications and Printing _.,,___._..._________.___-.__.$ Equipment Purchases ----_....--..__......._,,....-.....$ Computer Charges -.......--.....__.-..__.._.._,,._-.--._..$ Real Estate Rentals ............................. ....^ Telecommunications ......................................^ Per Diem, Fees and Contracts ......................... ^ Total Funds Budgeted .......................^ State Funds Budgeted ...................... ^ Total Positions Budgeted

541,580 29,260 15,000 4,500 3,850 3,640 --0-- --0-- 13,000 3,000 613,830 613,830
43

TUESDAY, FEBRUARY 28, 1978

1881

5. Fire Safety and Mobile Home Regulation Budget:
Personal Services __-...-._...___...._..._.-..............._.....$ Regular Operating Expenses _____,,______--________.____$ Travel -...__.-..-$ Motor Vehicle Equipment Purchases .___-_____--.$ Publications and Printing .._....._..._....._._...__..__..$ Equipment Purchases .._.....__...-.,,..-....-._.___.._..--.$ Computer Charges _._.....__._..,,._.,,...__.,,._.....___..._.$ Real Estate Rentals ____.____..____..__________.___.___..___._..$ Telecommunications ___.,,...._.,,..._......__....._..__..._.$ Per Diem, Fees and Contracts _.----.-,,.:-...--..--$ Total Funds Budgeted _.._....._....................._...-_.$ State Funds Budgeted _.__.-_.__-____-___._,,_.____-_.,,,,? Total Positions Budgeted

1,423,000 84,760 126,000 72,000 13,711 5,000
--0-- --0--
25,500 --0-- 1,749,971 1,589,971
104

Budget Unit Object Clashes:
Personal Services ....._.._............__....___..............._..$ Regular Operating Expenses ___.....___..._.._........_.$ Travel -....._..$ Motor Vehicle Equipment Purchases ...._.__......$ Publications and Printing _.....__._..__..............__..$ Equipment Purchases ,,--..._...--.._,,.._--_--....--$ Computer Charges .._.-...-_...--__.-...__-...-__...--_-.$ Real Estate Rentals _....._..,,.__...,,.._,,_...,,.._.--_...$ Telecommunications --.__-,,_,,-.,,--.__--__-.___---- $ Per Piem, Fees and Contracts __.,,..._,,.....___._...$ Total Positions Budgeted Passenger Carrying Motor Vehicles

3,163,410 232,302 169,000 81,000 53,861
9,888
34,400
--0--
80,000
22,000
224
57

Section 16. Department of Defense. Budget Unit: Department of Defense ......_._...$ 1,916,929

1. Administration and Support of State Militia Budget:
Personal Services ___.._____..____--..___.___-.__,,__________...$ Regular Operating Expenses _,,_____--___,,___..____.__$ Travel ._......_..._.....___..-...._...__.....__......-..,,......-.._._.$ Motor Vehicle Equipment Purchases ,,_..------$ Publications and Printing ................................I Equipment Purchases _______..______.__.,,_____,,--_,,,,_-$ Computer Charges ..,,.-_._...,,--.__--.,,_.__.--___--_._.$ Real Estate Rentals ....._..__..-......_.,,......-__..__-...$ Telecommunications .__.__.____.-.____,,___.._.___________.._.. $ Per Diem, Fees and Contracts -_-...,._-___......__- $ Military Assistance to
Safety and Traffic Grant ___.,,.__..____-___.-__.___.$ Georgia Military Institute Grant _,,.__..__._._.._,,.$

581,145 72,644
5,250 --0--
25,500 4,247 --0-- --0-- 29,000 10,000
1,500 16,000

1882

JOURNAL OF THE SENATE,

Civil Air Patrol Contract .....,,...........,,.._.__.....$ Total Funds Budgeted _,,_..._____.__,,_.__.__.__.__._____..__.$ State Funds Budgeted _,,_.._.____._____._._,,.,,.___,,___.$ Total Positions Budgeted

25,000 770,286 770,286
33

2. Civil Defense Budget:
Personal Services .._____...,,...._..._....._._.......__...__.$ Regular Operating Expenses ................. ..^ Travel ............................................ ^ Motor Vehicle Equipment Purchases --.----__.$ Publications and Printing ,,......__..,,....._...,,......__ $ Equipment Purchases ........................... ^ Computer Charges ..__..--.....,,,,...-.,,.....,,_...--_.. $ Real Estate Rentals ...........................................^ Telecommunications ....................... ..^ Per Diem, Fees and Contracts .................__-.._..$ Total Funds Budgeted __.........._,,..__.__..,,_..,,._....__.$ State Funds Budgeted .__._______,,.___._______._,,_.___.$ Total Positions Budgeted

552,432 57,100 20,700
--0-- 3,250
--0-- --0-- --0--
20,700 15,000 669,182 344,992
33

3. Construction and Facilities Maintenance Budget:
Personal Services _______,,,,_.____,,,,_,,__.__.___,,$ Regular Operating Expenses _,,.____.-____._____,,____.$ Travel _._.,,,,._,,_.._,, .... ..,,__..__.,,-,,$ Motor Vehicle Equipment Purchases ,,.._...._....$ Publications and Printing ____,,...,,,,...,,.,,..,,..--.$ Equipment Purchases .-.--,,,,.-.--.,,...----.--..--.? Computer Charges ......................... ^ Real Estate Rentals .__-..___-___.__-._____._____..__-.-_-$ Telecommunications ..--.._---._--....___--..,,-----$ Per Diem, Fees and Contracts ._...._-_.........,,_..._.$ Grants to National Guard Units .__._.___.___.____-$ Capital Outlay _..,,__._,,...,,._.,,,,__._._,,$ Total Funds Budgeted _______.-___.______._,,_._...___-_.___$ State Funds Budgeted ....____.......__..._....._...........$ Total Positions Budgeted

106,000 119,972
4,400 --0-- --0--
9,000 --0-- --0-- --0--
3,000 277,500
14,100 533,972 533,972
8

4. Disaster Preparedness and Recovery Budget:
Personal Services --....-...,,--...,,......-_-..._..--.--....$ Regular Operating Expenses -...---.--.,,.----...._.$ Travel -....,,._._.__..,,._.....,,_.......,,..,,..,,......_..._....,,_$ Motor Vehicle Equipment Purchases ..,,....__..-$ Publications and Printing _,,_..____.__._..____._,,___.$ Equipment Purchases -----._----..--_...--.,,--,,.--.$ Computer Charges -----.,,..-_,,.-.._.--_..----..-.--_$ Real Estate Rentals ....,.....^..... ...................^. Telecommunications _...--.....__.--..........--...._.._.--.$ Per Diem, Fees and Contracts .----.---...,,...,,.$ Total Funds Budgeted __._____.___._.._____,,_..___.._.__._.$ State Funds Budgeted ..............................^ Total Positions Budgeted

145,595 6,781 24,650
--0-- 1,000
--0-- --0--
3,600 3,520 --0-- 185,146 --0--
9

TUESDAY, FEBRUARY 28, 1978

1883

5. Service Contracts Budget:
Personal Services _._._._,,_._,,.__,,__________._____,,____.__._$ Regular Operating Expenses --..,,--.._,,_.-______.$ Travel _._...______.,,._____.,,_____.________,,____._..___.__._______,,.$ Motor Vehicle Equipment Purchases ....---...,,$ Publications and Printing -__,,-..._.__--____._._.___.__..$ Equipment Purchases ------...,,.._--,,_.--.----..._.$ Computer Charges --_______________________________,,___.$ Real Estate Rentals __....-_.....__._.______....__...-___._..-$ Telecommunications --__-,,--.__-_--..__--___._--.._.... $ Per Diem, Fees and Contracts ..____________-____.__..$ Total Funds Budgeted ___......___.._,,____....___.......__..$ State Funds Budgeted _..___.__._..-.__......____...,,___.$ Total Positions Budgeted

1,425,398 1,255,376
3,500 --0--- --0-- --0-- --0-- --0--
900 --0-- 2,685,174 267,679
117

Budget Unit Object Classes:
Personal Services _________._.___.______.._____....__________.__..$ Regular Operating Expenses _..,,.......--............ $ Travel ........._....._._.........__.....__....,,_.._.._._.........._......$ Motor Vehicle Equipment Purchases ___.______.._.$ Publications and Printing ___.____.______.___.____..__..___.$ Equipment Purchases __._______.__._____,,____.__,,.______.$ Computer Charges .__.--...---...---..............--_.....$ Real Estate Rentals ...............,,....._......._.._-...__..$ Telecommunications ___-._--..__.--..__--..._--,,--___.$ Per Diem, Fees and Contracts .__.___......__......__,,$ Military Assistance to
Safety and Traffic Grant _..__. ....__....__..____....$ National Guard Units Grants ....._............___..__.$ Georgia Military Institute Grant __..___....._......$ Civil Air Patrol Contract ........_......_........_..._.___.$ Capital Outlay .........._...........__......._...._......._.__.....$ Total Positions Budgeted Passenger Carrying Motor Vehicles

2,810,570 1,511,873
58,500 --0--
29,750 13,247 --0-- 3,600 54,120 28,000
1,500 277,500
16,000 25,000 14,100
200 20

Section 17. Economic Development Council of Georgia.
Budget Unit: Economic Development Council of Georgia .,,.--.--.--.--.--......_..

50,000

Departmental Operations Budget:
Personal Services .........--_--.....,,.-......_--......--.....$ Regular Operating Expenses _,,____,,--___._.-..___.$ Travel _...._.-__...-_.___.......,,.....---._.-.,,_.-_..__,,-.-.$ Motor Vehicle Equipment Purchases ......_..... ; $ Publications and Printing .._...,,......,,.,,.......-.__....$ Equipment Purchases .,,..--_.....----.,,._....------.$ Computer Charges _........---......--..--.--_--.-----$ Real Estate Rentals ...__......_.........................-.$ Telecommunications ._......................,,......_.-----$

1884

JOURNAL OF THE SENATE,

Per Diem, Fees and Contracts .._..__-_._-......._.$ Total Funds Budgeted ............................. $ State Funds Budgeted ..................... 4 Total Positions Budgeted
Budget Unit Object Classes:
Personal Services ........................................^ Regular Operating Expenses ..................... -^ Travel ............ ..^........... $ Motor Vehicle Equipment Purchases _.--_..--...$ Publications and Printing ..............................$ Equipment Purchases --.--___--,,._--...__-_-...,,.$ Computer Charges ............... ......^................^ Real Estate Rentals ...............................^ Telecommunications .................................^ Per Diem, Fees and Contracts .........,,_._,,...__.$ Total Positions Budgeted Passenger Carrying Motor Vehicles

4,000 50,000 50,000
2
36,000 2,800 1,600
--0-- --0-- --0-- --0--
2,400 3,200 4,000
2 0

Section 18. State Board of Education-- Department of Education.
A. Budget Unit: Department of Education ____,,___ $ 832,565,176

1. Instructional Services Budget:
Personal Services _...__.__._-,,...._...__....._....--....$ Regular Operating Expenses _._,,__.__--_,,---.-_.? Travel ............_......._....__.._.__.....,,.............._........,,. $ Motor Vehicle Equipment Purchases --__----,, $ Publications and Printing ..___..._.........,,.,,.,,_.. $ Equipment Purchases ..................... _------_._.$ Computer Charges --__--__----___.----__--__-_--_--_$ Real Estate Rentals ............................... ...^ Telecommunications ,,___._______.__,,_____________._,,. $ Per Diem, Fees and Contracts .........................$ Total Funds Budgeted .._,,_........_._....._...,,_....._. $ State Funds Budgeted _..____.._,,__________,,_-_-__-_-.___ $ Total Positions Budgeted

2,561,896 103,160 177,700 --0-- 83,390 3,410 --0-- 61,098 83,280
1,095,980 4,169,914 2,739,418
13'4

2. Governor's Honors Program Budget:
Personal Services .............................................. ^ Regular Operating Expenses _~....--___--,,._~._--j Travel ................................................^ Motor Vehicle Equipment Purchases ...__--,,. $ Publications and Printing _......___...,,...,,..__.,,_.,,$ Equipment Purchases --..----.--.....--._---.--.--.$ Computer Charges ............................................^ Real Estate Rentals ..........................^............ ^ Telecommunications ___________________.,,...$ Per Diem, Fees and Contracts ......_........_..._.$ Total Funds Budgeted ......................................^ State Funds Budgeted ...................................4 Total Positions Budgeted

222,614 49,620 3,500 --0--
4,000
2,000 --0--
3,150 4,800 273,850 563,534 563,534
2

TUESDAY, FEBRUARY 28, 1978

1885

3. Vocational and Adult Education Budget:
Personal Services ---.----.--.--.-__________.__..__._______.$ Regular Operating Expenses _--_.-------..____--_$ Travel _..-__.,,_..__...._,,........._._..._.,,,,.__,,....___..,,.$ Motor Vehicle Equipment Purchases __...__._... $ Publications and Printing .._,,..._.._.__......_...__.,,...$ Equipment Purchases --..----.--.....-..__,--,,_......$ Computer Charges ...__..._......_.._,,._._........_,,....$ Real Estate Rentals ,,__.___,,___._.,,____________.___.__,,.__.$ Telecommunications --,,_--____,,____._________._______.___.$ Per Diem, Fees and Contracts .._.__.................$ Utilities __._,,..._._....__.__.....__.....,,......................_...$ Total Funds Budgeted __..-_.___.,,_.__._-_.___.___.___.___.$ State Funds Budgeted __...._.___._....._..._.._.$ Total Positions Budgeted

1,977,533 158,810 162,400 --0-- 32,450 7,100
--0-- 17,200 70,450
1,619,884 6,400
4,052,227 1,209,060
108

4. Media Services Budget:
Personal Services -..._-_...--.............-_...._........___.$ Regular Operating Expenses __-_____,,..____,,--______$ Travel ._..,,_......_.,,_,,,,.,,_.______.$ Motor Vehicle Equipment Purchases .,,--,,__.- $ Publications and Printing ............._......_..........$ Equipment Purchases ....-----.---_.--....._..--.--.$ Computer Charges _..__........,,.....,,....._,,.._.._..$ Real Estate Rentals __..___.,,_-_....--____._____.___--.__.$. Telecommunications _-.__._..--.--_-_-..___.--,,_,,_. $ Per Diem, Fees and Contracts ___._____,,.___.__,, $ Utilities ____..-______...___.,,-.,,._._____.,,_._____.__.,,..__.__.__.$ Capital Outlay ._,,_._,,_,,.._.._.,,_..,,._.$ Total Funds Budgeted ___._..._..._..............,,...._.,,..$ State Funds Budgeted ......................................I Total Positions Budgeted

2,486,756 1,549,610
59,500 --0-- 124,200 159,610 --0--
5,050 57,970 209,190 261,280
8,000 4,921,166 4,219,149
180

5. Public Library Services Budget:
Personal Services .___..,,..._.......,,..._,,,,.._......._.. $ Regular Operating Expenses __,,______-_____--_______.$ Travel ...,-__.-...-...-,,_....-_._...._..__..-.....-....._.__...-. $ Motor Vehicle Equipment Purchases ..._-...... $ Publications and Printing ......_.,,..,,.._....,,.....___.$ Equipment Purchases ...............--......................^ Computer Charges ---_-_-._,,....---.----..---,,---$ Real Estate Rentals ._..........._......._,,..._.,,......_._.$ Telecommunications ..,,__.__,,...,,.--.,,----.._...._.. $ Per Diem, Fees and Contracts -__-___.__-.__,,_.__...__.$ Utilities -.._.._...._._..,,.-...._.........-____........_._...,,_.$ Total Funds Budgeted -...-.--....-...-.....-...--I State Funds Budgeted ___.__..-..-_..-,,_.._....__......,,..$ Total Positions Budgeted

591,370 265,551
18,011 --0--
9,600 12,300 --0-- 67,830 40,385 44,050
9,840 1,058,937
682,824 49

6. State Administration Budget:
Personal Services ...-.__..._.--............-._.....--.....$ Regular Operating Expenses _..__..._..._._.--$

826,203 77,635

1886

JOURNAL OF THE SENATE,

Travel .............................................. ^, Motor Vehicle Equipment Purchases ,,......_.--.$ Publications and Printing .............................^ Equipment Purchases ____--....---_...---...--.._._- $ Computer Charges ................................... ..^ Real Estate Rentals ____-________._.__._.__.___._,,.,,.....___ $ Telecommunications _,,__________.__.________.____.______. $ Per Diem, Fees and Contracts _.-.._-._..._.._.._-.$ Total Funds Budgeted ...................?, State Funds Budgeted ..__.,,___._..___.______..__._-._-_-$ Total Positions Budgeted

35,575 5,500 20,300 10,750 --0-- 14,361 21,050 255,760 1,267,134 991,154
38

7. Administrative Services Budget:
Personal Services -.......--....._..............,,......._..._._.$ Regular Operating Expenses ..--._.---......--...--$ Travel .._.....___._...__-_-...__-........__...,,_....__.....__-...._-. $ Motor Vehicle Equipment Purchases _...--._--. $ Publications and Printing ._......,,....__._..,,_._...__..? Equipment Purchases ......................... ..^ Computer Charges ..........................$ Real Estate Rentals ..____,,_....__...-...___._.....,,___--..$ Telecommunications ........................ $ Per Diem, Fees and Contracts _________..___,,,,___.._ $ Utilities ......................-...................$ Total Funds Budgeted .............................^ Indirect DOAS Services Funding ......_._.....___.$ State Funds Budgeted ,__..__._..._....___.__-.__.__-.._.__..$ Total Positions Budgeted

3,755,965 385,613 212,520 15,000 184,935 13,980 670,626 63,711 90,329 74,400 25,060
5,492,139 --0--
3,335,276 244

8. Certification of Public School Personnel Budget:
Personal Services .................................$ Regular Operating Expenses ---_____--__._-_.--.--.$ Travel ............................ .^, Motor Vehicle Equipment Purchase ............__ $ Publications and Printing ,,_.__..___._-____.__._.--$ Equipment Purchases ... ... ..--.---- -- ..-.$ Computer Charges .......,,-.......,,...__.--_.._..-.....,,..$ Real Estate Rentals ...................... ^ Telecommunications -_......__...- .................. $ Per Diem, Fees and Contracts .__.._--.....-._..._._.$ Total Funds Budgeted .__.................__....._.......__. $ State Funds Budgeted .................... ...^ Total Positions Budgeted

301,017 17,880 1,200 --0-- 6,760 --0-- --0-- --0-- 8,180
200 335,237 324,832
27

9. 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 ..-...............,,...._...,,.._.$

26,738,617
730,243 333,204

TUESDAY, FEBRUARY 28, 1978

1887

APEG Grants:
Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) ..........................I 407,528,386
Salaries of Instructional Personnel (Sec. 5) ____.._.__..__..____.___.____...___._.$ 57,038,323
Salaries of Student Supportive Personnel (Sec. 20 (a)) _______..__..__._._...____..$ 18,233,456
Salaries of Administrative and Supervisory Personnel (Sec. 21) ............$ 51,667,091
Pre-School Leadership Personnel (Sec. 21 (c) (1)) .._...-- ._..$ --0--
Special Education Leadership Personnel (Sec. 21 (c) (2)) .._.______......_______.$ 1,833,406
Instructional Media (Sec. 13) ..._.____._....._____.$ 18,107,200 Instructional Equipment (Sec. 14) ..._____.____ $ 735,905 Maintenance and Operation (Sec. 15) .__._..$ 73,334,160 Sick and Personal Leave (Sec. 16) .__._______.$ 5,658,500 Travel (Sec. 17) ................... ...^ 834,937 Pupil Transportation--
Regular (Sec. 25) .......,,.$ 43,252,805 Pupil Transportation--
Special (Sec. 25) ____._...__...______..__.__.____.._______.$ 4,055,600 Isolated Schools __.._,,.._______._._._______.._..._..________.$ 186,989 Selective Pre-School Development ..............$ 25,854,242 Mid-Term Adjustment __..___.___.___.__..__.__._______.$ 2,000,000 Total Funds Budgeted __.____.___.__...___.._.__..._..___._...$ 710,321,000 Less Required Local Effort ___,,...___.__.__.___________.$ (78,550,000) State Funds Budgeted .._______._________._____._._____._._.$ 631,771,000

Non-APEG Grants:

Education of Children of

Low-Income Families ___.___._._.___.__..__.._______.$ 64,854,814

Driver Education ............___,,...--.._...,,..,,..._.___.$ --0--

Teacher Retirement _____________......_._____...._______.$ 47,757,914

Instructional Services for

the Handicapped ........................................I 6,024,735

Preparation of Professional Personnel in

Education of Handicapped Children ..... $ 120,000

Eduetional Training Services for

the Mentally Retarded ___..__......__..._.._......_._.$

20,000

Tuition for the Multi-handicapped ,,_......... ? 622,000

Severely Emotionally Disturbed ....__..._....... $ 6,071,115

Compensatory Education ....,,...._.......,,.._._.__..$ 12,746,747

Guidance, Counseling and Testing ........__._..$ --0--

School Library Resources

and Other Materials _______......._.____..,,.._______.$ 3,703,157

School Lunch .._............,,,,..__......._...__...__.....___.$ 114,019,600

Supplementary Education

Centers and Services ...._..._........_..._..__.___$ 3,150,619

Staff Development ._-....._._....._...._.........._.._..- $ 1,280,000

Supervisor and Assessment of Students

and Beginning Teachers _._...................___.$ 245,000

Cooperative Educational

Service Agencies ................... ...^.^ 2,556,720

1888

JOURNAL OF THE SENATE,

Superintendents' Salaries ............................$ 3,363,666

High School Program __..___.,,_,,_,,..___.___._..._._.$ 17,597,161

Area Vocational-Technical Schools _.-_..-_.$ 33,125,956

Research and Development Utilization ,,_.._$ --0--

Junior College Vocational Program _..._....._.$ 738,446

Quick Start Program ___._.__________.___._,,.__..____..$ 1,200,000

Comprehensive Employment

and Training ........................... -.4 2,724,107

Vocational Research and Curriculum .....,,_..$ --0--

Adult Education .......................... ....^ 2,788,681

Salaries and Travel of

Public Librarians ,,,,.__,,....__,,_.$ 3,043,303

Public Library Materials .._.__..__........._..__.._..$ 2,041,431

Talking Book Centers _...._..._.._-...............__..._.$. 496,000

Public Library Maintenance

and Operation .........................$ 1,817,508

Public Library Construction ........................^ 1,250,000

Comprehensive Planning ,,..._,,.._.._,,__.....,,_.._..$ 520,000

Competency-Based High School

Graduation Requirements _.,,.._-..._-- .-_...$ 250,000

Vocational Special Disadvantaged ..__.........$ 516,632

Performance Based Certification ,,_.._.._--_...$ 350,000

Instructional Aides _-.._..._..._...___......_--..-$ 7,066,407

Teacher Health Insurance ............................^ 13,250,000

Regional ITV Projects ................... ...^ 100,000

Area Vocational Technical

School Construction .......................$ 242,000

Total Funds Budgeted __.____.___-__-______-.__.---$l,015,226,783

State Funds Budgeted .-.....-..-...-..-...-..-..--...$ 818,499,929

Total Positions Budgeted

0

Budget Unit Object Classes:

Personal Services -..-..._........._.._...._..__..............$

Regular Operating Expenses ..........................^

Travel

................ ^^

Motor Vehicle Equipment Purchases --.___--.-$

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

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

Computer Charges ........................ ^

Real Estate Rentals ,,._,,,,__.__..__.___,,____.,,_._,,_._.._.$

Telecommunications ...._-.--_--.-.,,.-_._..,,-,,-.--,,-.-$

Per Diem, Fees and Contracts .._._.__._..............$

Utilities ......................................... ...^

Capital Outlay .................................. ..........^

12,723,354 2,607,879
670,406 20,500
465,635 209,150 670,626 232,400 376,444 3,573,314 302,580
8,000

APEG Grants:
Salaries of Instructional Personnel (Sec. 10(a) (1) andlO(a) (2)) ....._..,,._...$ 407,528,386
Salaries of Instructional Personnel (Sec. 5) ................................................ ..^ 57,038,323
Salaries of Student Supportive Personnel (Sec. 20 (a)) ........................... ^ 18,233,456
Salaries of Administrative and Supervisory Personnel (Sec. 21) ___________$ 51,667,091

TUESDAY, FEBRUARY 28, 1978

1889

Pre-School Leadership Personnel (Sec. 21 (c) (1)) __.___.__..__.__________,,_..___._._.__.$ --0--
Special Education Leadership Personnel (Sec. 21 (c) (2)) ..,,___.___._..__.___.$ 1,833,406
Instructional Media (Sec. 13) ...._..._..,,._...._$ 18,107,200 Instructional Equipment (Sec. 14) ___._.___..$ 735,905 Maintenance and Operation (Sec. 15) _..__.._$ 73,334,160 Sick and Personal Leave (Sec. 16) ._...._.......$ 5,658,500 Travel (Sec. 17) _.._...-..-.._.........-..__-..._.-_-$ 834,937 Pupil Transportation--
Regular (Sec. 25) _......._._...,,_............_.....$ 43,252,805 Pupil Transportation--
Special (Sec. 25) _._.____..__.__._,,___._.___._..____.$ 4,055,600 Isolated Schools ......_..__...,,...._.......-..._.........-..$ 186,989 Selective Pre-School Development _.___._.......$ 25,854,242 Mid-Term Adjustment ...-...._....._..._...-.-....? 2,000,000 Less Required Local Effort -.......-.._..-_--.......$ (78,550,000)

Non-APEG Grants:

Education and 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 ___.___.._.__..__._______..,,.__-.._$. Vocational Research and Curriculum .....--$ Adult Education ....-...-........................_......._$ Area Vocational Technical Schools ......_..$ Research and Development Utilization ......$ Junior College Vocational Program ............$ Quick Start Program ...................._._..............$ Comprehensive Employment
and Training --.........._................._..._....._...$ Guidance, Counseling and Testing .......,,.....$ School Library Resources
and Other Materials ...._..........................,,$ Salaries and Travel of
Public Librarians .._.................._.....-_.........$
Public Library Materials -_.._....--......-.....-... ?
Talking Book Centers _..-......._........._......._..?.
Public Library Maintenance and Operation _._..._-._..._..-_...-._.....-.-........$
Public Library Construction _........_._........?

64,854,814 --0--
47,757,914
6,024,735
120,000
20,000 622,000 6,071,115 12,746,747 17,597,161 --0-- 2,788,681 33,125,956 --0-- 738,446 1,200,000
2,724,107 --0--
3,703,157
3,043,303 2,041,431
496,000
1,817,508 1,250,000

School Lunch .._..__.__.,,_.._..___..._..._._._....._..$ 114,019,600

Supplementary Education Centers and Services ...............-.........._......$ 3,150,619

1890

JOURNAL OF THE SENATE,

Staff Development ----_----------------$ Supervision and Assessment of Students
and Beginning Teachers....------------.$ Cooperative Educational
Service Agencies ------------_.-------$ Superintendents' Salaries _.------.--------? Comprehensive Planning _.._..--.--.,,,,--..$ Competency-Based High School
Graduation Requirements .--.--.------? Vocational Special Disadvantaged __------.$ Performance Based Certification --------$ Instructional Aides ....__------.----.---.$ Teacher Health Insurance .,,._..----------._...$ Regional ITV Projects ...._...._..------.----._,,$ Area Vocational Technical
School Construction ....--_...--........_._----$ 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
Passenger Carrying Motor Vehicles

1,280,000
245,000
2,566,720 3,363,666
520,000
250,000 516,632 350,000 7,066,407 13,250,000 100,000
242,000
26,738,617
730,243 333,204
782 17

B. Budget Unit: Institutions ..._-._.._.....----_......$ 11,066,622

1. Georgia Academy for the Blind Budget:
Personal Services .__----...._.,,.----.--.__------..$ Regular Operating Expenses --------.------$ Travel _.-_......_----....-.-_...._..._....-.....-.--$ Motor Vehicle Equipment Purchases ....------$ Publications and Printing --._...----......_---_..$ Equipment Purchases --..----------.---------$ Computer Charges .--._.......----.......--.--._..._.$ Real Estate Rentals --------___.------$ Telecommunications ----------.--------------$ Per Diem, Fees and Contracts ------...------..? Utilities _...._..---_._._..------._...._..----.._..$ Capital Outlay .._--_._----.----.......--._.........$ Total Funds Budgeted ....___..........._._.._.......$ State Funds Budgeted ----._..._..----.----.----$ Total Positions Budgeted

1,535,059 182,184 2,300 --0-- 2,345 28,880 --ft-- --0-- 11,059 4,600 115,000 12,000
1,893,427 1,642,626
152

2. Georgia School for the Deaf Budget:
Personal Services ----.----_..........----.--..--$ Regular Operating Expenses ....._----.--.....__._$ Travel --...._.------_....._._...--_._..--------__-.$ Motor Vehicle Equipment Purchases _.----$ Publications and Printing .........._._--.._..----.$ Equipment Purchases _...----..--..,,--.----_--$ Computer Charges ...--._--_....-_-----.------$

2,801,435 643,874 6,320 64,000 --0-- 40,911 --0--

TUESDAY, FEBRUARY 28, 1978

1891

Real Estate Rentals ....................................._$ Telecommunications .....--....._-........__._._.___.___$ Per Diem, Fees and Contracts --_--.._..----....$ Utilities .-_._.-._..-__.._.._..._.__._.__ _.__.._.__..__.$ Capital Outlay _.____,,_..____._.._._.__._._._._..._.._..___..___.$ Authority Lease Rentals ....................................$ Total Funds Budgeted ........................................I State Funds Budgeted --.-.-.-...-._._... .....? Total Positions Budgeted

--0-- 12,000 4,000 144,370 966,816 23,400
4,707,126 4,338,538
272

3. Atlanta Area School for the Deaf Budget:
Personal Services ................................................$ Regular Operating Expenses ............................$ Travel .._.__..___._._.__._...__..._....______..___.__..__..__...._.....$ Motor Vehicle Equipment Purchases .--_--..--.$ Publications and Printing _._..._...-.______..__..___.___.$ Equipment Purchases ......................-.................$ Computer Charges ..-......_......-....._.....,,_...-......._...$ Real Estate Rentals .......--.......................--._.-$ Telecommunications ...............-.........-..........._...$ Per Diem, Fees and Contracts -..--....--..-..-,,$ Utilities ..........................._.............._...__...._.....$ Capital Outlay ......-..............................._..............$ Total Funds Budgeted ......_.............................$ State Funds Budgeted ..._...................._.............$ Total Positions Budgeted

1,028,000 154,431 4,000 --0-- 1,500 10,410 --0-- --0-- 11,770 42,800 55,860 --0--
1,308,771 1,187,098
83

4. Alto Education and Evaluation Center Budget:
Personal Services ..........--.-........_..__............$ Regular Operating Expenses ...........................^ Travel ............................................ ..^......$ Motor Vehicle Equipment Purchases -._--..- $ Publications and Printing .................-............$ Equipment Purchases .._..____._._._...--$ Computer Charges ___._.,,__________-_,,__,,____..$ Real Estate Rentals .........................................^ Telecommunications .......--................................. ^ Per Diem, Fees and Contracts ..._.........._...........$ Utilities ...............................................................^ Total Funds Budgeted .......................................$ State Funds Budgeted .................................._.... $ Total Positions Budgeted
5. North Georgia Vocational-Technical School Budget:
Personal Services .._..,,_._.___...._.....__..._.._.-..$ Regular Operating Expenses ......................... i Travel .....-............-..._.....-...._-......-..........-..-....$ Motor Vehicle Equipment Purchases ....--...._.$ Publications! and Printing ....__......................'.$ Equipment Purchase ...............-.........................$ Computer Charges ----.___--._...._____..$

857,503 77,490 4,250 --0-- 2,000 27,000 --0---0-- 7,250 --0-- --0-- 975,493 774,668
52
1,516,000 404,008 14,500 --0-- 5,250 61,000 --0--

1892

JOURNAL OF THE SENATE,

Real Estate Rentals .................................... ^ Telecommunications _-----------_,,--_..-...--......._ $ Per Diem, Fees and Contracts ._.._..._._.....__.._._.$ Utilities ..................................$ Capital Outlay ...._._......-.._....._...._...$ Authority Lease Rentals _,,._..___..--____._--__.-- $ Total Funds Budg-eted .__.___._..__._.____.___.__..___.__..$ State Funds Budgeted .................... 4 Total Positions Budgeted

--0-- 7,300 9,200
179,778 175,199 54,750 2,426,985 1,693,468
103

6. South Georgia Vocational-Technical School Budget:

Personal Services ._......,,......_._..._.._....._.._.._.._..--_.$

Regular Operating Expenses ._......-......._.._.---$

Travel ................

4

Motor Vehicle Equipment Purchases __-__..--- $

Publications and Printing .....,,.....,._.._...._...-_..$

Equipment Purchases _________________________________ $

Computer Charges ................................... .4

Real Estate Rentals ..........................................^

Telecommunications ---_..._.--._.-.---__....--....,,--.$

Per Diem, Fees and Contracts .,,----....__._.---.$

Utilities .....................................$

Capital Outlay ___...,,.__._..,,.._.-....__.__.._.__-..-..-.$

Authority Lease Rentals ........._.._...._......._..._._ $

Total Funds Budgeted .._........._....._....._.............$

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

Total Positions Budgeted

1,296,000
297,381 12,000 --0-- 3,360 54,195 --0-- --0--
8,150 4,110 160,000 --0-- 49,315 1,884,511 1,274,365
97

7. State Schools Administration Budget:
Personal Services ............................................... ^ Regular Operating Expenses ........__............_.. $ Travel .._....._....._-.....-.............._.-.-..-.....-.-.-.. $ Motor Vehicle Equipment Purchases ...... % Publications and Printing ......................--.......$ Equipment Purchases ................--...........------$ Computer Charges _-..--.-....--.....---..,,._--,,----.--$ Real Estate Rentals ...........-......-.._......-..---$ Telecommunications _.--___-_.--_-----..------------.$ Per Diem, Fees and Contracts .._..._..___...._....._.. $ Utilities __........__........,,...__.,,.....-........._._....__._....... $ Total Funds Budgeted ....._................................ $ State Funds Budgeted .....__......___........._........_.... $ Total Positions Budgeted

139,791 2,440 5,000
-- 0-- 900
--0-- --0-- --0--
1,400 30,000 --0-- 179,531 155,859
6

Budget Unit Object Classes:
Personal Services ........................$ Regular Operating Expenses ....._...._......._.----. $ Travel ..................................... 4 Motor Vehicle Equipment Purchases --.......--.$ Publications and Printing ....................... .....^ Equipment Purchases ......................................^

9,173,788 1,761,808
48,370 64,000 15,355 222,396

TUESDAY, FEBRUARY 28, 1978

1893

Computer Charges --,,--....-..-.,,..,,.......__....._...$ Real Estate Rentals --.-.____.__._._,,_,,___.___,,.,,...$ Telecommunications ------------_,,..--._..,,..,,......$ Per Diem, Fees and Contracts --._..__....,,.......$ Utilities --.----.-.-...-.-...........................................I Capital Outlay ---------_.___.-__._____.___,,.__..___,,___.$ Authority Lease Rentals ....................................I Total Positons Budgeted Passenger Carrying Motor Vehicles

--0-- --0--
58,929 94,710 655,008 1,154,015 127,465
765 62

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, $12,746,747 is designated and committed for a compensatory education program for students in grades 2 through 6 and shall be used for re medial purposes only. Provided, further, that $10,246,747 of these funds shall be distributed on a parity formula based on the total average daily attendance in grades 2 through 6 while the remaining funds of $2,500,000 shall be distributed on the basis of the proportion of students in each local system failing to achieve 10 or more of the objectives on the fourth grade criterion-referenced test in reading.

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 September 1 and who have the greater developmental needs. Provided, however, that such needs be assessed on the basis of tests specifically developed for use with children of pre-school age, measuring abilities and per ception, 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 programs, 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, phy-

1894

JOURNAL OF THE SENATE,

sically or emotionally handicapped children, the ratio
shall be one teacher and one aide for 24 students or major fraction thereof in average daily membership. Allotments shall be based upon 1977-78 attendance data from the selected pre-school development program for continuation of existing programs; additional allotments shall be based upon the proportion of the local system's
first grade ADA to the total State first grade ADA, with unused allotments redistributed to local systems on the basis of need as determined by the State Board of
Education. Each instructional unit shall be funded on the basis of actual reimbursement for salary, retirement, and school lunch cost and $8,539 for operational cost incurred by continued units and $11,224 for operational cost incurred by new units in pre-school development programs. Operational cost shall include maintenance and operation, sick and personal leave, instructional media, instructional equipment, testing, transportation, and additional instructional personnel when such addi tions: will have the effect of serving additional students
provided such additional students shall not be used for the purpose of earning instructional units.

Provided, that independent school systems shall be eligible to participate in the "mini-buses" transportation program for Special Education Students.

Provided, that the State Board of Education shall make allotments for Sections 5, 10, 20, and 21 teachers on the basis of the index schedule used for fiscal year 1973.

Provided, that of any State Funds appropriated to local systems for classroom teacher salaries on the basis of Average Daily Attendance in grades 1 through 7, such teachers shall be used in the school where earned and shall be used only for the purpose of funding reg ular (general education) classroom teachers in grades where earned.

Provided, that of the above appropriation, relative to special education $27,500 is designated and 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 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

TUESDAY, FEBRUARY 28, 1978

1895

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 75 cents per child in average daily attendance.

Provided, that of the above appropriation relative to Public Library Construction Grants, $1,250,000 is desig nated and committed for public library construction and renovation.

Provided, that of the above appropriation relative to Travel (Section 32-617a of APEG), such funds shall be allocated to local systems based on 85 cents per student in average daily attendance.

Provided, that of the above appropriation, funds allocated for the purpose of renovating public school buildings and facilities shall be determined on the basis of policies and procedures to be developed by the State Board of Education, which shall include, but not be limited to, the following:

1. Only one single building project per local system shall be eligible for State funds in any one fiscal year.

2. No project shall be eligible if the estimated cost of construction exceeds 60 percent of the estimated cost of a new building to house the same programs.

3. No project shall be eligible unless it is to be utilized at or near capacity for the foreseeable future.

4. No project shall be eligible unless it compre hensively addresses all needed improvements to house the functions and educational programs within the facility.
5. A higher priority ranking shall be given to those projects which require a lesser percentage of construc tion cost for items which would otherwise be financed from maintenance and operation funds.
6. A local system shall be required to provide local funds in an amount to be determined by the State Board of Education's policies which reflect the local system's financial ability to participate.

1896

JOURNAL OF THE SENATE,

It is the intent of this General Assembly that the allocation of General Obligation Bonds proceeds, autho rized in Section 45 of this Act, for the purpose of financing a school construction program throughout the State of Georgia shall be determined on the basis of a formula to be promulgated by the State Board of Educa tion, based on current increased average daily atten dance, surveyed projected growth, consolidation, renova tions, outstanding local effort of school systems, age and condition of existing school buildings, and such other criteria by the Board to insure that classroom need is the basis of distribution.

Provided, further, funds appropriated for Main tenance and Operation, Sick and Personal Leave and In structional Media, for all Special Education Teachers, payments shall not be made until the allotted teaching unit has been filled.

Provided that of the above appropriation for Com prehensive High School Program, $541,800 is designated and committed for vocational equipment.

It is the intent of this General Assembly that the additional Section 5 teaching personnel appropriated herein shall be allocated to all eligible local units of administration on the basis of identified unserved exceptional student need. Need shall be determined by the number of children identified by local school dis tricts as having met all requirements of State and Federal laws, rules and regulations for placement into classes for exceptional children. The fact that an eligible local unit of administration is currently meeting some portion of its identified exceptional student needs via local supplemental funding shall not be a factor for consideration in the State Board of Education's allo cation formula. Furthermore, the Section 5 teaching units so allocated to an eligible local unit shall remain a part of that local unit's allotment until the end of the current school year in which allocated.

Provided, that of the above appropriation for in structional aides, funds shall be allocated on the basis of a half-time aide for each State-allotted first grade teacher and $50 for the training of each such aide; pro vided, further, that such funds shall be used to serve first grade students ( or ungraded primary students com posed of grades 1 through 3); provided, further, in extenuating circumstances, with prior approval of the State Superintendent of Schools, such earnings may be used in grades 2 and 3.

Provided, that of the above appropriation relative to the Educational Training Services for the Mentally Re-

TUESDAY, FEBRUARY 28, 1978
tarded Grant, $15,000 is designated and committed for the Bostwick Center in Bostwick, Georgia.
Provided, that of the above appropriation relative to District Grants to School Systems for Capital Outlay Purposes, $50,000 is designated and committed for plan ning grants for consolidated schools in Baker, Mitchell, Quitman and Stewart counties, and $56,000 for the Polk County School System.
It is the intent of the General Assembly that the overall pro rata share of Special Education teaching per sonnel (Section 5) utilized in providing educational programs for intellectually gifted students in eligible local units of administration during FY 1978 shall not be diminished in FY 1979, unless there is clear indication that the student need for such a program in an eligible local unit of administration has declined. In the event such Section 5 teaching units are not needed in a particu lar local unit of administration to which allocated, that unit or units shall be available for reallocation to other local units of administration seeking to enhance their programs for the gifted, on a priority need basis.
Provided, that of the above appropriation for $1,280,000 for Staff Development, $100,000 is designated and committed to fund a State level staff development program specifically for Special Education Teachers (Section 5) utilized in programs for intellectually gifted students, and to assist in the development of a State program plan for gifted students by the State Superin tendent of Schools.
Section 19. Employees' Retirement System.
Budget Unit: Employees' Retirement System _...__.__._____.___..__._..___,,..,,____.__..__..___.__,,$
1. Employees' Retirement System Budget:
Personal Services ...._....-.........,,-..........._._...._-$ Regular Operating Expenses _.___-.____.___.---~.f Travel .._..__.... ..___,,......_,,.........,,.....,,..............$ Motor Vehicle Equipment Purchases _-._._--.$ Publications and Printing .....,,._......_......,,__..$ Equipment Purchases ...--------._..----_.--.--_...$ Computer Charges ___-_..__~...______~_.__~._~.-$ Telecommunications ___._._.,,---.___,,_--_.--__.--$ Per Diem, Fees and Contracts ...._..._.-......._..-$ Total Funds Budgeted _____,,__._._,,..___.___._______..$ State Funds Budgeted .-_..,,.............._.._....._..--$ Total Positions Budgeted

1897
--0-- 430,000
42,900 5,000 --0-- 12,000 3,200 133,603 7,700 325,000 959,403 --0--
28

1898

JOURNAL OF THE SENATE,

Budget Unit Object Classes:
Personal Services ...............................................^ Regular Operating Expenses ......................... ^ Travel ....................................... ^ Motor Vehicle Equipment Purchases --._.,,_--.$ Publications and Printing .,,...._.._..,,....,,._....._$ Equipment Purchases ....................................^ Computer Charges _.--..._-_._..-.-_..._....._..,,_.- $ Telecommunications ................................^ Per Diem, Fees and Contracts ......................4 Total Positions Budgeted Passenger Carrying Motor Vehicles

430,000 42,900
5,000 --0--
12,000 3,200 133,603 7,700
325,000
28
1

Section 20'. Forest Research Council. Budget Unit: Forest Research Council ,,_.,,_.___.$

593,560

Forest Research Council Budget:
Personal Services ................................... ^ Regular Operating Expenses ..................% Travel ___-..._.-.-.--_-------. $ Motor Vehicle Equipment Purchases ..............^ Publications and Printing ........................ i Equipment Purchases .....................................^ Computer Charges ............................................^ Real Estate Rentals ...................................^ Telecommunications ........................................^ Per Diem, Fees and Contracts ........^.................^ Contractual Research ...................... ^ Total Funds Budgeted ...._....._______.______.....___ $ State Funds Budgeted ....................... ^ Total Positions Budgeted

111,200 23,360
4,000 --0--
23,000
1,200
--0--
--0--
2,800
--0-- 437,000 602,560 593,560
6

Budget Unit Object Classes:
Personal Services _,,............_..,,......-..._...._.--.-- $ Regular Operating Expenses .._..._._...........--.....$ Travel ............................... .^ Motor Vehicle Equipment Purchases ......-..,,.$ Publications and Printing ..............................I Equipment Purchases ..................................-...$ Computer Charges ......................................... ^ Real Estate Rentals ................................-....% Telecommunications ---.-_--_.--_----..--,,----..-.--$ Per Diem, Fees and Contracts ....................... ^ Contractual Research ...................................^ Total Positions Budgeted Passenger Carrying Motor Vehicles

111,200 23,360 4,000 --0-- 23,000 1,200
--0-- --0--
2,800 --0-- 437,000
6 3

Section 21. Forestry Commission. Budget Unit: Forestry Commission ......... ....^ 12,315,640

TUESDAY, FEBRUARY 28, 1978

1899

1. Reforestation Budget:
Personal Services --._---,,__-...,,__,,......_.............$ Regular Operating Expenses .........................$ Travel ....--....,,_.._-......-....._...._...._........._....._._.$ Motor Vehicle Equipment Purchases ...........^ Publications and Printing ..............................^ Equipment Purchases .......................................^ Computer Charges .........................................^ Real Estate Rentals .........................................$ Telecommunications ..........................................^ Per Diem, Fees and Contracts ___.,,___.,,_____._._..$ Total Funds Budgeted .................................% State Funds Budgeted .................................k Total Positions Budgeted

515,600 269,600
3,300 39,700
900 60,000 8,253 --0--
8,500 41,045 946,898 334,870
30

2. Field Services Budget:
Personal Services .................................._..........$ Regular Operating Expenses ............................^ Travel ................................................. ^ Motor Vehicle Equipment Purchases .._......._.$ Publications and Printing ...............................^ Equipment Purchases ...............^.......................^ Computer Charges ___....__......_........__...__.$ Real Estate Rentals ...-....---...-,,_.-_-..._..$ Telecommunications ._--_...._.._--....__._.._._...$ Per Diem, Fees and Contracts _...,,.._.._...__.._.$ Ware County Grant ..........................................^ Capital Outlay ................................................^ Total Funds Budgeted ............... ^........^..$ State Funds Budgeted ._____._______.________..__..$ Total Positions Budgeted

10,057,887 1,512,416
68,000 1,227,494
17,600 254,400 20,400
1,760 352,200 450,803
60,000 95,500 14,118,460 11,468,460
810

3. General Administration and Support Budget:
Personal Services ............................................^ Regular Operting Expenses ............................^ Travel .._._..,,...__......._....._....._.....................J$ Motor Vehicle Equipment Purchases ----_..__.$ Publications and Printing .............................. ^ Equipment Purchases --.----..----_----_-_.--$ Computer Charges ...,,...--..._..--._._.._._-_._$ Real Estate Rentals ...........................................$ Telecommunications _._.----_---_.--.---._-_--._-$ Per Diem, Fees and Contracts ............... .....^..^ Total Funds Budgeted ...._.____..,,..._._____.-.$ State Funds Budgeted ___.____,,__._-._____._._______$ Total Positions Budgeted

406,600 74,000 11,300 --0-- 11,600
700 52,010 --0-- 11,000 3,100 570,310 512,310
22

Budget Unit Object Classes:
Personal Services _.._......_.__...._......_.....__._$ Regular Operating Expenses .,,._.._._-_----$ Travel ,,.._..._.___._______....._..-....-.,,_.$

10,980,087 1,856,016 82,600

1900

JOURNAL OP THE SENATE,

Motor Vehicle Equipment Purchases Publications and Printing ................. Equipment Purchases ....-.....--......_.,,._ Computer Charges ______._-._--_----_-__._ Real Estate Rentals .._-.-.-.--...-........,,.._ Telecommunications ..-.-_-.,,--,,.._-..__.... Per Diem, Fees and Contracts ._.._....._. Ware County Grant _._______--__.__.___,,____.__ Capital Outlay ._..__-_.-___-_--_..--.--___,,_Total Positions Budgeted Passenger Carrying Motor Vehicles
Provided, that to the extent that Federal Funds are realized in excess of the amounts of such funds contem plated in the Cooperative Forest Protection, Cooperative Forest Management, Insect and Disease, Forest Incen tive and Public Service Employment Programs in the Field Services Activity of this Act, the Office of Plan ning and Budget is authorized and directed to use the first $500,000 of such excess funds to supplant State Funds appropriated herein. Provided further that such supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants.

1,267,194 30,100 315,100 80,663 1,760 371,700 494,948 60,000 95,500 862 360

Provided, that of the above appropriation relating to Capital Outlay, $95,500 is designated and committed for construction or replacement of a cold storage facility, county offices, shops and truck sheds.

Section 22. Georgia Bureau of Investigation.
Budget Unit: Georgia Bureau of Investigation --..._.-_..--.--.,,...-..--.-.--,,.

..$ 9,884,217

1. General Administration Budget:
Personal Services __.___--_--.___.....,,..,,._.. Regular Operating Expenses --_-_----_ Travel ..._.,,._.,,.....-..........-......_.,..-..-..-._. Motor Vehicle Equipment Purchases Publications and Printing ......_.,,,,..,,.... Equipment Purchases ........._.....-,,..--..Computer Charges .....,,.._..,,.. ........_._,, Real Estate Rentals -..._..._.._..-.....-......-- Telecommunications _._,,,,._,,_--_..__._..-_.._ Per Diem, Fees and Contracts ,,..--.--. Total Funds Budgeted ...._.._........-._...State Funds Budgeted ................._.._.... Total Positions Budgeted

476,125 476,125
25

TUESDAY, FEBRUARY 28, 1978

1901

2. Investigative Division Budget:
Personal Services ...........--. ._...._.._._......$ Regular Operating- Expenses -..._.--_--_.----..--$ Travel --..-......................$ Motor Vehicle Equipment Purchases ....... - $ Publications and Printing .__.._._______..._..__..__..._.$ Equipment Purchases ........................ _.__._-._.. $ Computer Charges ..........-_..._. ......_...,,._..$ Real Estate Rentals .........._......_._.....$ Telecommunications __..._-._.-._______..__..._...__________.$ Per Diem, Fees and Contracts -.......__.____..,,..___.$ Evidence Purchased .-,,.-....... ... .........$ Total Funds Budgeted ........................................I State Funds Budgeted _-_.._...._._.....,,.-....,,.._._...-$ Total Positions Budgeted

3,553,600 436,452 265,800 227,100 24,800 17,700 3,000 72,000 120,000 30,000 178,500
4,928,952 4,512,952
186

3. Crime Laboratory Budget:
Personal Services .....-.-..-..-....-.. $ Regular Operating Expenses ............ $ Travel ....._.._....-..-._..__ .... ... .....$ Motor Vehicle Equipment Purchases ...... $ Publications and Printing .............................^ Equipment Purchases _....._........... __--_.._.$ Computer Charges ,,_...._............._.-..........$ Real Estate Rentals ..........................^ Telecommunications ................................$ Per Diem, Fees and Contracts .........--...... ._.._.$ Total Funds Budgeted ...._..._...__..._.._...._..._._...$ State Funds Budgeted ........................_..._...__...__ $ Total Positions Budgeted

1,392,000 246,000 17,000 30,000 3,300 184,000 192,200 --0-- 29,000 --0--
2,093,500 1,984,600
79

4. Georgia Crime Information Center Budget:
Personal Services .............................................I Regular Operating Expenses ..-..-........._..--.--.$ Travel _..._.._........._....................._...._.._.__..._........_. $ Motor Vehicle Equipment Purchases _..._ ..,,..$ Publications and Printing ...............__.___..._...._.$ Equipment Purchases -...--.--.--.,,.--..--.,,..-,,--.$ Computer Charges _............,,................_,,...-......$ Real Estate Rentals ...............................$ Telecommunications ..................... ......^ Per Diem, Fees and Contracts ..................^ Total Funds Budgeted ......... ..........^........^ State Funds Budgeted .............................^ Total Positions Budgeted

1,422,000 124,245 9,500 54,000 75,000 1,700
1,080,000 3,000
279,900 3,200
3,052,545 2,910,540
103

Budget Unit Object Classes:
Personal Services ............................................J$ Regular Operating Expenses ______..___._.__..._....._.f Travel ...._.._..,,......-.._...-.-........_,,_.._.--...._-- $ Motor Vehicle Equipment Purchases .....--....$

6,763,600 836,622 298,000 311,100

1902

JOURNAL OF THE SENATE,

Publications and Printing __.______,,___,,________._..$ Equipment Purchases --.......-._--._.......-.----..--$ Computer Charges _.._-_--..,,..__....--..__.--._----.$ Real Estate Rentals .........................^ Telecommunications -_-----.---.-,,.._..--..--,,----.$ Per Diem, Fees and Contracts __..,,....._..,,.._-_._.$ Evidence Purchased _..._.........._..._..._............___.$
Total Positions Budgeted
Passenger Carrying Motor Vehicles

105,100 203,400 1,275,200 102,000 444,400 33,200 178,500
393
224

Provided that to the extent that Federal Funds are realized in excess of the amounts of such funds con templated in the Investigative Division and Georgia Crime Information Center Activities of this Act, the Office of Planning and Budget is authorized and directed to use the first $500,000 of such excess funds to supplant State Funds appropriated herein. Provided further that such supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply
to project grants.

Section 23. Georgia Franchise Practices Commission.
Budget Unit: Georgia Franchise Practices Commission ____.__.______,,____--__--_$

--0--

Georgia Franchise Practices Commission Budget:
Personal Services ___-.______-__.,,___-__-____...___.__--_$ Regular Operating Expenses --_------_--___---.$ Travel ,,,,_._,,-__._____.._-__--_,,__.____--_,,___---_$ Motor Vehicle Equipment Purchases ____..__--.$ Publications and Printing _,,_,,__,,__--_--_----,,..$ Equipment Purchases __--__..__----._--.------_-.--.$ Computer Charges _...--._..,,...,,---_--_--.,,------$ Real Estate Rentals ^...........................^ Telecommunications ...__--,,,,.--___._.____----_--. $ Per Diem, Fees and Contracts ..__...,,--_.._...,,..$ Total Funds Budgeted __.._...__..........-...-...,_...._.$ State Funds Budgeted ._._._,,__._.-.._..,........_-..$ Total Positions Budgeted

--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--

Budget Unit Object Classes:
Personal Services -._----.-,,--.._.,,...__..--.------_.$ Regular Operating Expenses __.-._.--_.--.._-_..,,...$ Travel ..,,.._._....._._._.__-__.._..__..-......._.._._...$ Motor Vehicle Equipment Purchases .------,,.$ Publications and Printing ___________,,_,,_-___--.---__$ Equipment Purchases .-_...._._.,,-._....,,._----..-$ Computer Charges _.._-._...._..-_._.....-.--_--._,,$

TUESDAY, FEBRUARY 28, 1978
Real Estate Rentals .__.--_._.__.-._____..___.___..____._..$ Telecommunications ............................................^ Per Diem, Fees and Contracts _.__.__--___-,,.--___$ Total Positions Budgeted Passenger Carrying Motor Vehicles
Section 24. Georgia State Financing and Investment Commission.
Budget Unit: Georgia State Financing and Investment Commission .-....-.,,-..,,._......$
Department Operations Budget:
Personal Services ______..~__...__.-_..~_--__._.._..___--..$ Regular Operating Expenses --.-......_--..--..--_.$ Travel _...__.,,...._._...._..........,,..,,...,,_.,,....._......_....$ Motor Vehicle Equipment Purchases --_.__.--._.$ Publications and Printing __,,___.___.__._._.__,,__._..$ Equipment Purchases _--_--__.__.-___.--_,,_,,--_____$ Computer Charges __._._.___.____,,___,,._____..____._______.$ Real Estate Rentals ,,________.__.-______,,.____._._._,,___.$ Telecommunications __________,,_______,,___________.$ Per Diem, Fees and Contracts ...,,......_._,,._.....$ 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 _._.---..-----_-__-.--__--...$ Computer Charges .._......-.._,,.,,..._..._....._......_..$ Real Estate Rentals .._.._.....--.-...._............._.._..$ Telecommunications --_.--,,.--.._,,--_,,--.--_--__-.$ Per Diem, Fees and Contracts ...,,.._........_._...$ Total Positions Budgeted Passenger Carrying Motor Vehicles
Provided, that unless there is Congressional autho rization for deepening the existing navigational channel in Brunswick Harbor into Brunswick River and the con struction of a new navigation channel connecting Bruns wick River through the South Brunswick River to Col onel's Island via the South Brunswick River to a min imum depth of 32 feet prior to June 30, 1979, the Georgia State Financing and Investment Commission shall not sell these bonds and all funds appropriated for the. Colonel's Island project and any revenues generated therefrom shall be returned to the State Treasury.

1903
0 0
--0--
660,000 53,300 6,000
--0-- 12,600 4,000 31,600
--0-- 15,000
203,000 985,500 --0--
33
660,000 53,300 6,000 --0-- 12,600 4,000 31,600 --0-- 15,000 203,000
33 0

1904

JOURNAL OP THE SENATE,

Section 25. Office of the Governor. A. Budget Unit: Governor's Office

..$ 3,271,904

1. Governor's Office Budget:
Cost of Operations _,,__,,.,,.--._,,._ Mansion Allowance _____.____,,.__. Governor's Emergency Fund Intern Stipends and Travel ._.... Total Funds Budgeted _...,,....._.. State Funds Budgeted _.._.----...

1,154,904 40,000
2,000,000 77,000
3,271,904 3,271,904

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 thereof or other grave emergency when available funds are not sufficient for such purpose.

Budget Unit Object Classes:
Cost of Operations _..._....._.,,.._.._.._,,......._._...._...$ Mansion Allowance _________.-________,,,,,__-.-___-,,.$ Governor's Emergency Fund _..._._..__._.._._.._..$ Intern Stipends and Travel ....,,._.__.._..._._.._.$ Passenger Carrying Motor Vehicles

1,154,904 40,000
2,000,000 77,000 1

B. Budget Unit: Office of Planning and Budget __.__.__,,_______._._,,,,__,,-_._.____,,___.$ 3,935,148

1. General Administration and Support Budget:
Personal Services _.._....._..__.._............._._....._...$ Regular Operating Expenses ._-._....._.-._._-...._..$ Travel _,,_.__.____._.__._.._._____.____.__.__._.._.,,.,,.__.,,._.._$ Motor Vehicle Equipment Purchases ____,,----$ Publications and Printing _........._.-..._,,.,,.__,,....$ Equipment Purchases _._.__.-_.._._,,_.,,.--._....$ Computer Charges -__----_-_-__._..--__--_,,.--_._.$ Real Estate Rentals -.._.._..._...___............_.__.$ Telecommunications ,,,,_..-.,,.,,.._.,,..__...._,,..-...,,-_.$ Per Diem, Fees and Contracts _._.,,-_._....,,_..$

282,000 21,800 12,000 --0-- 23,000 4,000 --0-- -- 0-- 7,000 40,500

TUESDAY, FEBRUARY 28, 1978

1905

Payments to Regional Commissions ..........,,....$ Total Funds Budgeted .,,._....,,_._$ State Funds Budgeted .._.........._-..__._...._......_,,.....$ Total Positions Budgeted

143,583 533,883 533,883
15

2. Council of the Arts Budget:
Personal Services ___..._..._._......._.._........_......_._.....$ Regular Operating Expenses ._--......-.._._...-.-._.. $ Travel -- --.... __,,_________$ Motor Vehicle Equipment Purchases ...._.....__.$ Publications and Printing _................._..._._....._.. $ Equipment Purchases --____.____.__--____,,-.,,_____..,,.$ Computer Charges ....___....,,..._..._,,....._.__.._........._.$ Real Estate Rentals ........._.-_.._._._.......................$ Telecommunications -..--__,,-.--._..--.__...._........._$ Per Diem, Fees and Contracts ............,,..-.......$ Art Grants ....._......_...................._...._....._-......._..._.$ Total Funds Budgeted ....__...._..................._........ $ State Funds Budgeted _-.__..__.___.._.________.___.,,____.$ Total Positions Budgeted

89,000 10,230 3,900 --0-- 3,300 --0-- --0-- 13,525 5,300 7,000 1,031,705 1,163,960 710,700
5

3. Educational Development Budget:
Personal Services __.____-____,,--_____._______.___-____....__. $ Regular Operating Expenses ._..--.....--.....,,...._.$ Travel ....... ...^ .... .,,..,,,,,,$ Motor Vehicle Equipment Purchases .__.___..____.$ Publications and Printing __......_..........,,.....,,_.,,. $ Equipment Purchases --. ----_. - - --_ -- .$ Computer Charges ......._.._.-...._$ Real Estate Rentals _...,...$ Telecommunications ,,..--.----..___....._.,,..,,_..--.... $ Per Diem, Fees and Contracts _..... .......... .--... $ Total Funds Budgeted ........__-.._................._._._.. $ State Funds Budgeted _...._.............._....._......._.....$ Total Positions Budgeted

200,278 4,897 6,000
--0-- --0--
2,000 --0-- --0--
3,555 --0-- 216,730 201,730
9

4. Intergovernmental Relations Budget:

Personal Services ___._.__..___._.____._..____...____...._..___.$

Regular Operating Expenses .._..._......,,.....,,.._...$

Travel ..............

..^

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

Publications and Printing _____,,__.___.._._______._.__.___$

Equipment Purchases ,,_..___--.-._.,,.____._,,.--..,,--_.$

Computer Charges ...._.--...._......._.--..._........_---..$

Real Estate Rentals _____._______._._____-.._____-._..._.__..$

Telecommunications ___--.._..-...-_.._-._..,,--.._.....-.$

Per Diem, Fees and Contracts ._..___.___________..__..$

Total Funds Budgeted ___.___.___.__._._____..__..__.__._-_..$

State Funds Budgeted ._.._____._.__..,,_.__..___._____,,___.$

Total Positions Budgeted

157,300 7,220
14,000 --0--
2,500 --0-- --0-- --0--
5,100 800
186,920 186,920
8

1906

JOURNAL OF THE SENATE,

5. Management Review Budget:
Personal Services ................................. ^ Regular Operating Expenses ........._............_-_...$ Travel ,,...._.__....,,,,_,,.__......__-.._....,,__.......,,......-...... $ Motor Vehicle Equipment Purchases ...._...,,. $ Publications and Printing __________....._......_...--.....$ Equipment Purchases ....--......--.-._.----.._.--.--.$ Computer Charges ___.__,,____.__..__.___._.___._._._,,_-._._-$ Real Estate Rentals .............. $ Telecommunications __,,.-...._.--.,,......_,,.----_.--$ Per Diem, Fees and Contracts .............. $ Total Funds Budgeted _..___.,,____.____.._______.,,._,,._._ $ State Funds Budgeted .._..-.__.-...._,,...__.._._..-__-.$ Total Positions Budgeted

432,115 17,998 7,600 --0-- --0-- 2,144 15,000 --0-- 5,950
1,300 482,107 436,828
22

6. Human Development Budget:
Personal Services .......................... ^ Regular Operating Expenses _..._..,,--..---..--.$ Travel __.__.. $ Motor Vehicle Equipment Purchases _..,,--,,._. $ Publications and Printing ___._-...._...,,_..._--....,,$ Equipment Purchases ..------.--- --...-- $ Computer Charges ....................................... ^ Real Estate Rentals ............................. ^ Telecommunications ............................. .^ Per Diem, Fees and Contracts _._..--.....--_----.$ Total Funds Budgeted __.._....._.....__........_......._.....$ State Funds Budgeted ....__......__....._.--...-.-._-.$ Total Positions Budgeted

224,000 7,212 6,000
--0-- --0--
500 --0-- --0--
3,950 --0-- 241,662 221,662
10

7. Office of Consumer Affairs:
Personal Services -._......._-....._......._--....-.-_..-.$ Regular Operating Expenses ...,,...._.,,......_-.._...$ Travel ,,_.....__..___.....__......__.-_.......-.__......_........_..... $ Motor Vehicle Equipment Purchases __..--.__,,.$ Publications and Printing ...._._._..._..__.._........._$ Equipment Purchases ___.-__.._..--.------_-----,,--.$ Computer Charges -....__.__........-_-.._.._-...-....,,..$ Real Estate Rentals __..___.-_..___._.._.__-_________._--_._,, $ Telecommunications -....---__.._.,,-._.-.,,._...---...--.$ Per Diem, Fees and Contracts ._.....,,.._._......._.$ Total Funds Budgeted ___.,,_............,,._.__......_...___.$ State Funds Budgeted ..-________.._.__.__...___..__.___.__..$ Total Positions Budgeted

731,040 52,552 14,000 --0-- 18,000
2,325 18,000 50,525 102,533 8,000 996,975 718,047
50

8. State Energy Office Budget:
Personal Services .._.___..___....-....._.....___...__.__.........$ Regular Operating Expenses .._..............._...- $ Travel ................. .^^ Motor Vehicle Equipment Purchases ----_.,,_-- $ Publications and Printing _....._........_....,,__........_.$ Equipment Purchases -.-------------------...$

198,942 13,899 13,600
--0-- 11,000 700

TUESDAY, FEBRUARY 28, 1978
Computer Charges __,,__..__....___,,_.__.___.___.___._______.$ Real Estate Rentals .-.-.......-...........__-................$ Telecommunications .--,,_.,,_--___._._.-.__.__._,,.-._.--.$ Per Diem, Fees and Contracts __..._....___.,,._..__..$ Total Funds Budgeted _._..__....._.......___..._..._.....__..$ State Funds Budgeted ......_..-.._...................._......$ Total Positions Budgeted

1907
--0-- --0--
13,000 76,600 327,741 183,000
12

9. Governor's Committee on PostSecondary Education Budget:

Personal Services ................-..........-..........--.....I

Regular Operating Expenses _,,._____--________--.___.$

Travel .._.._...__..--

.,,$

Motor Vehicle Equipment Purchases __.._........ $

Publications and Printing _._..........,,........_.._...$

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

Computer Charges __..........__.._..._........_.....__.........$

Real Estate Rentals .._._-......_....._....._..--......_.--__$

Telecommunications _________.______.._._._._.__________--.___.$

Per Diem, Fees and Contracts _......._....._.._._.$

Total Funds Budgeted _.__.__.___.______.._._._____._._.___.$

State Funds Budgeted .__..........._._..........._...........$

Total Positions Budgeted

10. Facilities Management Budget:
Personal Services _______._._.___.________._..____________...____.$ Regular Operating Expenses ._._............._.._._.$ Travel --,,,,..,,-.-,,.., -- .-..-$ Motor Vehicle Equipment Purchases ......_..__..$ Publications and Printing _______.___________.___.________$ Equipment Purchases _______,,__--____..._._________----$ Computer Charges _.._-_-.___-__---__-..__--_----,,.-----$ Real Estate Rentals _---.---- $ Telecommunications ________----.--_-_----..___.----- $ Per Diem, Fees and Contracts _._.,,......_...,,--..$ Total Funds Budgeted ...... ,,....$ State Funds Budgeted __...._.........__.,,_..........._.._...$ Total Positions Budgeted

11. Physical and Economic Development Budget:
Personal Services ....-_-...........-_....._....._-............$ Regular Operating Expenses .....__.,,.._.._........__.$ Travel ........._..,,-.___..._..__-_.__-..__.__..__...-....__..,,--. $ Motor Vehicle Equipment Purchases ......,,_____ $ Publications and Printing ,,...._._._.,,.......__.....___.$ Equipment Purchases ....___..._.._.._...,,_..-___.__...._._.$ Computer Charges .................__.__................---_.$ Real Estate Rentals ........-._......._..._..----......._.--.$ Telecommunications ,,_._._--__,,..__.._._,,,,--.--..,,,,....$

87,000 5,760 3,150 --0-- 4,500 1,280 5,000 7,000 2,900 11,650 128,240 52,060
4
68,000 2,230 4,000
--0-- --0-- --0-- --0-- --0--
2,100 --0--
76,330 76,330
3
541,000 14,360 39,000
--0-- 10,000 4,000 10,000
--0-- 14,000

1908

JOURNAL OF THE SENATE,

Per Diem, Fees and Contracts ._._...._..-.....-.......$ Total Funds Budgeted ......_...-._...._..._._...-..._.-.$ State Funds Budgeted ....._....-....,,........_-..-..._-._-$ Total Positions Budgeted

69,000 701,360 263,360
28

12. General Government and Protection of Persons and Property Budget:
Personal Services _..._._..__.__.___..___,,.__.___.__._._...___.$ Regular Operating Expenses .,,.__-_______,,_-.-.--..$ Travel ...._........._.._-..._._.._..-.--._.-...---_---.$ Motor Vehicle Equipment Purchases ___,,_____-- $ Publications and Printing ._.._..._...._..._.-.----.-- $ Equipment Purchases __._______--__-___.-.__.__--__.--.$ Computer Charges ____.___,,._-._,,_,,,,.._-,,_---_..._.--.$ Real Estate Rentals __....-.._.........._........_.._--.-.$ Telecommunications ...._.._..,,....,,.--._......,,.,,...._..$ Per Diem, Fees and Contracts ...._,,.-._..-.--.-.--,,.$ Total Funds Budgeted ..,,.,,_....._...._._.,,_.._._._-... $ State Funds Budgeted ....-...-......._-..-.......---.$ Total Positions Budgeted

268,949 6,269 7,300
--0-- --0--
900 --0-- --0--
4,750 --0-- 288,168 263,168
12

13. Consumer's Utility Counsel Budget:
Personal Services ,,----.,,-... $ Regular Operating Expenses _...---_....._..--.....$ Travel .,,,,.,,...,....,,-...--- $ Motor Vehicle Equipment Purchases --.,,..----$ Publications and Printing _..._____.___.__,,,,__.__._,,_.$ Equipment Purchases ,,--,,.-,.._.._...--,,_..,,,,.,,.--.$ Computer Charges .._._....__.._-._..._.._._......-...-..,,-_..$ Real Estate Rentals ...-._,,..._..-.__._.._..-._......_.--.. ? Telecommunications ...-_....-..,,.--.._...__....--,,..-..-- $ Per Diem, Fees and Contracts _.--..-__-__._--___.-$ Total Funds Budgeted ........._..,,......._.......-..-..... $ State Funds Budgeted ,,_..-_..__..._...__._._.___.,,._.-_..$ Total Positions Budgeted

205,260 15,100 6,000
--0-- 600 500
--0-- 8,000 5,000
15,000 255,460 87,460
13

Budget Unit Object Classes:
Personal Services _....._..-..-...._.._..._..._-...-.............$ Regular Operating Expenses .._....-....-.-.------$ Travel ._._-.__.__._...__.,,.___,,-_-__._..._._.___.__.____.__.-..._...$ Motor Vehicle Equipment Purchases --.--.__..$ Publications and Printing .........._..__._.......,,..._... $ Equipment Purchases --._.....,,,,..-.,,.-...._.--..-..-..$ Computer Charges ....-.......,,...._....,_..._..........._._.$ Real Estate Rentals .._.__..._..__.._._..__.__.._,,.._.___.__..$ Telecommunications _._..._,,,,,,.._.._....,,.,,_....,,.__.,,..$ Per Diem, Fees and Contracts _._.___..__.__.__,,____,,_.$ Art Grants _.,,.,,-..-,,......-...._-.....-.-..................,,$ Payments to Regional Commissions --..-..----.$ Total Positions Budgeted
Passenger Carrying Motor Vehicles

3,484,884 179,527 136,550 --0-- 72,900 18,349 48,000
79,050
175,138
229,850
1,031,705
143,583
191
0

TUESDAY, FEBRUARY 28, 1978

Section 26. 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 . ^.... ........... ...^ Grants to Municipalities ....................................^

1909
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 27. Department of Human Resources. A. Budget Unit: Departmental Operations ___.___.,,$ 131,949,667

1. General Administration and Support Budget:
Personal Services ................ ^ Regular Operating Expenses ....._..-.._.....__.....$ Travel ..... ,,..,,__.. ...... ......$ Motor Vehicle Equipment Purchases _________.___.$ Publications and Printing ___....-._..-__....__.._.,,....$ Equipment Purchases .............................. .^ Computer Charges __-_---__.._.....---.-....___._...$ Real Estate Rentals ..............$ Telecommunications ----...... ..... .......$ Per Diem, Fees and Contracts ........._______________..$ Utilities ........... ...................$ Postage .................... 4 Institutional Repairs and Maintenance ....__..$ Capital Outlay .....-....-..,,..._.................__.._...._...,,.$ Total Funds Budgeted ._____..___.._..__......_.__...__.__..$ Indirect DO AS Services Funding ___...____.____.__-$ Agency Funds .............$ State Funds Budgeted .....................................$ Total Positions Budgeted Passenger Carrying Motor Vehicles

5,561,160 623,555 142,400 18,000 46,155 4,990
1,200,000 122,915 261,400 311,980 50,500 428,600 384,054 --0--
9,155,709 --0--
3,897,973 5,257,736
367 7

1910

JOURNAL OF THE SENATE,

General Administration and Support Functional Budgets

Total Funds State Funds Pos.

District Programs-- Director's Office .__.______._.___.______.$
Child Support Recovery _______________$ Public Relations and Information $ Regional Building Special Administrative Services ... $ Administrative Policy,
Coordination and Direction--..- $ Administrative Support Systems Planning, Electronic Data Processing,
Undistributed .__...._.__...,,.._. $

455,715 304,880
312,130 452,563 1,141,330 102,809 259,105
47,400 558,625
281,679 1,305,860
1,662,644
239,800
1,250,000 109,115 --0-- 672,054

$ 455,715 19 $ 304,880 15

$ 312,130 14 $ 452,563 24 $ 285,333 69 $ 102,809 5 $ 259,105 14

$ 47,400 0 $ 558,625 32

$ 281,679' 10 $ 1,265,260 83

$ 1,662,644 64

$ 239,800 12

$ 1,025,000

0

$ 109,115

5

$ (2,776,376) 0

$ 672,054 1

Total _._...._.._._...._...... $ 9.155.709 $ 5.257.736 367

2. Financial Management Budget:

Personal Services ......................_.._..-...$

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

Travel

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

Motor Vehicle Equipment Purchases ..__.....__.$

Publications and Printing .......__._.._...$

Equipment Purchases _._.._...._.__.__.-____.--,,$

Computer Charges _..--...___.--_----..---$

Real Estate Rentals .,,,,_..,,_,,.._.,,-$

Telecommunications .._.__..._______--_____--_.____-.--_.. $

Per Diem, Fees and Contracts ......,,__....,,_--._.$

Utilities ,,_____.____,,____._,,_,,________.____,,_____,,______-_.$

Postage _____,,.._,,__.,,_,,_._____..___.,,..___,,-_- $

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

Indirect DOAS Services Funding ___.......-....$

Agency Funds .....,,.__........,,__.._.,,_......,,_......_.$

State Funds Budgeted ____........-......._......_._-....$

Total Positions Budgeted

Passenger Carrying Motor Vehicles

3,117,600 97,920 107,470
--0-- 4,000 17,055
--0-- 43,740 800 126,000
--0-- --0-- 3,514,585 --0-- 1,448,624 2,065,961
216 0

Financial Management Functional Budgets

Total Funds State Funds Pos.

istration ____.__.______..___.$

:rvices ..... ......_..$

ices -__._....-......-..-..._.$

Indirect Cost _.-___.....-...-...,,__-..__..$

Undistributed

$

468,955 1,727,630
1,318,000 -- 0--
A__

$ 468,955 23 $ 1,727,630 132 $ 1,293,000 61 $ (1,423,624) 0 $ --0-- 0

Total ^._-_-..---.---.----.--.--$ "3,514,585 $ 2,065,961 216

TUESDAY, FEBRUARY 28, 1978

1911

3. Special Programs:
Personal Services --__--....__..___..._____.,,. Regular Operating Expenses ______.___._. Travel ___.____________,,_.___..______._.____._______________ Motor Vehicle Equipment Purchases Publications and Printing ,,________.________ Equipment Purchases ..-.---..-._.-.._._...... Computer Charges ...,,,,....___......_...__.__.. Real Estate Rentals ._____..______,,_____.____ Telecommunications _,,..____..._____.._.________ Per Diem, Fees and Contracts _______ Utilities ___-_.___ _____ ________________ Postage ----___-_-_-___--___-_-__.-___Grant to Parent-Child Center ______ Total Funds Budgeted _____.,,___.. Indirect DOAS Services Funding .... Agency Funds .__.--____,,.____-____,,________ State Funds Budgeted .__......__.....__...... Total Positions Budgeted Passenger Carrying Motor Vehicles

3,592,954 153,845 230,200' --0--
29,980 9,350
--0--
214,185 53,265
3,352,790 800
4,400 11,000 7,652,769 --0--
5,391,558 2,261,211
231

Special Programs Functional Budgets

Total Funds Office of Regulatory
Management ..................................I 2,853,835 State Economic
Opportunity Office .....__......_........$ 3,295,365 Mental Health/Mental
Retardation Advisory Council _....__...___._$ 62,950 Council on Family Planning _....._ $ 89,655 Council on Aging.....__......_...___.....__...$ 57,580 Developmental Disabilities .....__.....$ 194,440 Council on Maternal and Infant Health .___...._._......_..... $ 106,000 Appalachian Health and Child Development __.___________$ 256,730 State Health Planning and Development Agency ___________ $ 625,214 Undistributed _-____-_..-__..-._-_-.._-__.-__$ 111,000
Total ........ 4 7,652,769

State Funds
$ 1,358,085
$ 114,693
$ 62,950 $ 10,316 $ 57,580 $ --0--
$ 106,000
$ 64,183
$ 376,404 $ 111,000 $ 2,261,211

Pos.
155
17
2 5 3 4
5
11
29 __0_ ^231^

4. Physical Health--Program Direction and Support Budget:
Personal Services ....._-....____.....__....___,,.._____......$ Regular Operating Expenses .__.--..___...._.__--. $ Travel _...._......___.....___......_.....___......__...............___.$ Motor Vehicle Equipment Purchases ____._.._..$ Publications and Printing .,,._...._._.......___......_..$ Equipment Purchases -....__--.-____.--___--....._--_.$ Computer Charges ____._.______________.______.,,_______..__$ Real Estate Rentals ......_......__......._......._.__.....__.$ Telecommunications .._._....._.__..._.._....._..__........__.$ Per Diem, Fees and Contracts ...--,,....--__......$

1,564,960 112,050 60,000 --0-- 46,700 2,130 --0-- 11,800 175,000 40,360

1912

JOURNAL OF THE SENATE,

Utilities _,,_-___.--_-..__,,___.-__._____._--__.._.___.___.. Postage _-.-_-.-.--_----.--_--,,--_,,...--_--. Total Funds Budgeted .._..,,.-......._.__... Indirect DOAS Services Funding .... Agency Funds _..._.._...._...__..._.....,,........ State Funds Budgeted ,,__-___.._______,,._. Total Positions Budgeted Passenger Carrying Motor Vehicles

5,000 2,018,000
--0--
335,000 1,683,000
107 1

Physical Health--Program Direction and Support Functional Budgets

Total Funds

Director's Office .............................I Employee's Health .__.___..__.___..._..._.$
Office of Professional Services .......................................I
Health Program Management _.___._.$ Vital Records ...................................I Health Services Research __......._.$ Undistributed -...-..-.--.--..--...--.$

408,380 215,810
408,410 155,600 605,980 223,820
-- 0--

Total ............ ^ 2,018,000

State Funds $ 408,380 $ 132,810
$ 235,610 $ 145,400 $ 605,980 $ 154,820 $ --0-- $ 1,683,000

Pos. 7 10
20' 10 48 12 __0_ 107

5. Physical Health--Family Health Budget:
Personal Services .__.,,.._...._.-_._..-__.._.._..,,.._..._$ Regular Operating Expenses ______..___,,--___..$ Travel ____...-_-..----- $ Motor Vehicle Equipment Purchases --___--_$ Publications and Printing .._________..__.____._,,_,,...$ Equipment Purchases --__..--._..,,----,,_.----,,.$ Computer Charges -.,,...-.._..,,...__,,...-,,----$ Real Estate Rentals ..,,,,...,,...........,,_..__,,.._-.__.$ Telecommunications ._-..__.,,_..._.._,,._-.,,--_-.--.--.$ Per Diem, Fees and Contracts .._.,,_..._...___...__.$ Utilities ._.,,._..._..._-.._..._.___....__.,,_._..,,._..._..,,.._....$ Postage __._-.-_______..__._____._._-_.____,,._,,._--_-_,,-_--.$ 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 .._.._...__...-..._....._...,,_.--...--$ Grant to Grady Hospital for Cystic Fibrosis Program _.,,..,,..,,......_..._...$ Contract with Emory University for Arthritis Research _.,,..__........,,......_....$ Family Planning Benefits _____.___,,___-_._-.__-__-.$ Contract with Georgia Tech for Cancer Research ..,,...._......._._,,....-.,,....$

3,291,615 1,040,850
108,950 --0--
95,600 10,335 140,000 260,475 49,300 5,108,700 --0-- 10,390
2,600,000 3,951,000
450,000 1,600,000
100,000 175,000
25,000
40,000
159,625 226,530
50,000

TUESDAY, FEBRUARY 28, 1978

1913

Total Funds Budgeted .._..__...__.__.....................$ Indirect DOAS Services Funding ................$ Agency Funds ___..__.___.__.___._....$ State Funds Budgeted .._._...._....$ Total Positions Budgeted Passenger Carrying Motor Vehicles

19,493,370 --O1--
9,281,887 10,211,483
224 8

Physical Health--Family Health Functional Budgets

Total Funds

Family Health Management ___.......$ Birth Defects Maternal Health ..._____.__. Infant and Child Health Chronic Disease .---__.__.. Malnutrition ...................... Family Planning _...._.... Dental Health ___..__._._.._.._. Undistributed ........._....._.______.__.___.___.$

4,952,780 5,473,275
360,325 649,275 3,389,585 308,460 886,700 173,970 3,299,000

Total ___-___-__-__-___-_--_-_-___-_-_-_--_-_-_--.$ 19,493,370

State Funds Pos.

$ 40,000 10 2,761,603 118

$ 283,380 7

$ 566,275 17

$ 2,998,585 41

$

--0--

6

$ 88,670 17

$ 173,970

6

$ 3,299,000

2

$ 10,211,483 224

6. Physical Health--Community Health Budget:

Personal Services ..-.---.--.._..-.-............

Regular Operating Expenses ___..._.__.__.

Travel

....

Motor Vehicle Equipment Purchases

Publications and Printing ..................

Equipment Purchases ........_._._........._...

Computer Charges ......_...._.___.___.._____...__.

Real Estate Rentals ......................

Telecommunications .-..---------...------.

Per Diem, Fees and Contracts --____--..

Utilities .........................__._......._.___..__....__-

Postage ________________-._..---.----.--.--.--.-..----

Facilities Construction Grants ___._._.__..

Total Funds Budgeted ........................

Indirect DOAS Services Funding ....

Agency Funds ____.__._._._._.....................--.

State Funds Budgeted _______.__.._..._...__.

Total Positions Budgeted

Passenger Carrying Motor Vehicles

4,414,230 1,130,495
121,840 --0--
49,305 51,570 18,540 40,055 20,075 528,070 --0--
12,800 --0--
6,386,980 --0--
965,280 5,421,700
294 6

Physical Health--Community Health Functional Budgets

Total Funds

Community Health Management _$

Environmental Health--

Director's Office ____________.___.....

General Sanitation

_ ..

Institutional Health _....__.___..........

Radiological Health .....................

Occupational Health ........___.._..._..

Land Use _._.__.._._.._.._...._....--...----.-

Epidemiology .........._._______.___..__--...

215,195
223,650 145,710 119,685 271,890 112,610 139,420 578,620

State Funds Pos. $ 215,195 10

223,650

9

145,710

7

119,685

6

271,890 13

112,610 6

139,420

7

578,620

5

1914

JOURNAL OP THE SENATE,

Immunization -._._.,,,,_.__,,__,,_____$ Venereal Disease .....,,._......,,_...........$ Tuberculosis Control .,,..__.._.........$ Laboratory Services ......_......_..__.....$ Emergency Health ............................$ Undistributed .................... 4
Total -.._--$

266,080 162,540 785,780 2,282,715 768,085 315,000
6,386,980

$ --0-- 20 $ 162,540 7 $ 608,780 28 $ 2,106,515 141 $ 422,085 18 $ 315,000 17
$ 5,421,700 294

7. Physical Health--Local Services Budget:
Personal Services ............................^ Regular Operating Expenses .............--.....$ Travel .............................................. ..^. Motor Vehicle Equipment Purchases __._______.$ Publications and Printing .........,,_.....,,.....__.$ Equipment Purchases ........................ ...^ Computer Charges ....................................^ Real Estate Rentals _..____._________,,____._,,__._._____$ Telecommunications ..........................................$ Per Diem, Pees and Contracts -----____.--...__--.$ Utilities ____-.-.....__......,,-.....-.._._....._-_....,,....,,_.$ Postage --..--.----...---__.---.__----.-$
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

8,219,090 464,315 442,745 --0-- 4,800 23,090 --0-- 75,080 85,290
3,038,510 --0-- 17,280 96,000
3,451,480
106,646
102,464 27,167,375 43,294,165
--0-- 23,542,345 19,751,820
553

Physical Health--Local Services Functional Budgets

Total Funds
Minimum Foundation ......................$ 5,321,215 Grant-In-Aid to Counties ..............$ 12,064,145 Stroke and Heart
Attack Prevention ..._......_..,,..._.__..$ 713,945 Family Planning __,,________.._.._._______.$ 4,285,630 Sickle Cell, Vision and Hearing.__.$ 254,965 Sexually Transmitted Diseases--- $ 376,440 High Risk Pregnant Women
and Their Infants ........................$ 3,114,425 Newborn Pollow-Up Care ..............$ 180,390 District Dental ______-_.__-___-_.___.-.$ 573,920 Comprehensive Maternal
and Infant Care Project .____,,.-_$ 260,000

State Funds Pos. $ 5,159,750 245 $ 9,039,985 0
$ 515,445 26 $ 336,800 186 $ 254,965 17 $ 43,340 15
$ 3,085,225 18 $ 180,309 12 $ 573,920 18
$ --0-- 9

TUESDAY, FEBRUARY 28, 1978

1915

Mental Retardation Projects __......$ 209,110 Malnutrition ..._.._...__....._..____.........$ 15,377,980 Undistributed ,,..--.-...-,,._. $ 562,000
Total ....................................................I 43,294,165

$ --0-- $ --0-- $ 562,000
$ 19,751,820

0 7 0
553 ~

8. Mental Health--Program Direction and Support Budget:
Personal Services .__..___.........__._,,._...__.____.,,.$ Regular Operating Expenses ..... ....-- .--.,,,,$ Travel ---._--__..__.___________..__$ Motor Vehicle Equipment Purchases _,,__,,.__..$ Publications and Printing ,,..........,,...........,,._.$ Equipment Purchases .-....-,,----....._--.--,,....--$ Computer Charges ._..........._........,,_..........__..__.$ Real Estate Rentals .__..__.__.-,,...._..._.-$ Telecommunications --..____......--_.........-_..--_.._--$ Per Diem, Fees and Contracts ........___.__..........$ Utilities .._.._,,........,,...........,,,,.,,...._..__,,..........,,_.$ Postage -,,._-._____,,- _.__.--....___.---$ Total Funds Budgeted ..-......_-._....._..__._.._-......_.$ Indirect DOAS Services Funding .............._.$ Agency Funds .......,,,,...............__........._-,,.....,,..$ State Funds Budgeted .._._,,_....._..............._._._.$ Total Positions Budgeted

2,211,859 101,790 90,400 --0-- 27,600 1,700 631,000 87,545 95,300 432,000 1,500 2,500
3,683,194 --0-- 775,458
2,907,736 140

9. Title XX Administration:
Personal Services _...__.-..-...-_..__........-__..__..,..$ Regular Operating Expenses ......_._,,.........__,,_.$ Travel ..-..,,......._.......,,__,,..........__._............__._,,.. $ Motor Vehicle Equipment Purchases .-......--.$ Publications and Printing _.........__.............__._._.$ Equipment Purchases ,,_--...._--..,,,,-----------$ Computer Charges _........._.__-.......-___._...........-.$ Real Estate Rentals .__..__..........-_._............._-.._.$ Telecommunications ----._--__---,,_--_,,.--_----_--$ Per Diem, Fees and Contracts ..,,.__,,_..,,..........$ Utilities -........_.-........__..__.-........-_._-.............-.-$ Postage -___....-...-..__._..........._-__..........__._._._.,,_..$ Total Funds Budgeted _._.,,........___.._............._.$ Agency Funds ___._.............-_.__._..........,,___..-......$ Indirect DOAS Services Funding .......,,.._.,,.$ State Funds Budgeted _______.______.____,,_____.___.,,_.$ Total Positions Budgeted

2,065,505 110,260 130,000 --0-- 46,000 1,200 450,000 151,400 66,400
22,522,400 --0-- 1,500
25,544,665 22,657,432
--0^-- 2,887,233
131

Title XX Administration Functional Budgets

Total Funds Administration .,,..._.....,,,,.........._._._.$ 1,465,430 Contract Management .__._._...___..._..$ 1,715,835 Day Care ___._-........-____......--__-....- $ 15,002,758 Foster Care for Children .__.___........ $ 101,937 Chore/Homemaker ......._-.._...........$ 1,410,868 Adult Day Care ............._,,..-..........-$ 678,975

State Funds Pos. $ 259,701 48 $ --0-- 83 $ 1,454,488 0 $ --0^-- 0 $ --0-- 0 $ --0^ 0

1916

JOURNAL OF THE SENATE,

Home Delivered and Congregate Meals .__...,,._.....,,._.... $ 1,125,366
Home Management ........................I 1,475,884 Outreach ...........................................I 418,579 Transportation ____.._.____.._____...____._.__.$ 1,193,369 Information and Referral ._.___,,._.-.$ 324,336 Health Related __,,__.__..______-__-_-__.$ 206,328 Social Security
and Minimum Wage ..._....___......__ $ 425,000 Undistributed ..,,.__._..__..._.....__..,,.__....$ --0--
Total ........... ^ 25,544,665

$ --0-- 0 $ --0-- 0 $ 50,532 0 $ --0-- 0 $ --0-- 0 $ --0-- 0
$ 425,000 0 $ 697,512 0 $ 2,887,233 131

10. Purchase of Social Services:
Personal Services ..,,_.... ...,,_.._....__..._..____ $ Regular Operating Expenses __-.._.._..__..,,.--.$ Travel _.,,_,,___.,,.,,_,,..$ Motor Vehicle Equipment Purchases ____--____.$ Publications and Printing .........,,.___....._,,..__..._.$ Equipment Purchases ----------.--.---- .-$ Computer Charges .___-_...__________._-.._____..____.--___..$ Real Estate Rentals ............. .4 Telecommunications .,,..__._,,.,,_.--,,__....___.,,_.....$ Per Diem, Pees and Contracts .__......__.....__..._..$ Utilities ________.___.______.._.____________._.____.____,,____.,,.____.$ Postage ... ... ... ... ..... ...--..--.-- $ W.I.N. Benefits ------,,--_---$ Grants to Fulton County for 24-hour
Emergency Social Services ..,,.______..___._______$ Benefits for Child Care __..._..._,,..-.._..._-._...__...__ $ Chatham County Homemaker Project ...._.. $ Fulton County Homemaker Project _.______._-$ Total Funds Budgeted ....___......__....___...__.....__..$ Agency Funds ---...-._.._ .... .-.-..$ State Funds Budgeted ___.....__-......_-..._-_.,,____..__-.$ Total Positions Budgeted

--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- 250,000 --0-- --0-- 900,000
130,000 8,994,098
366,330 205,735 10,846,163 6,096,943 4,749,220
0

Purchase of Social Services Functional Budgets

Total Funds

Chatham County Homemaker Project _._..._......_......$ 366,330

Fulton County Homemaker Project _...._..-..._-_.....$
Work Incentive Benefits ...._._........ $ Grants to Fulton County
for 24-hour Emergency Social Services ._-_...._..-.__..-.._..$

205,735 900,000
130,000

Legal Services ..............................^ 250,000

AFDC--Family Foster Care _.._...$ 2,779,280

AFDC--Institutional Foster Care ___..._..._......_..-..... ........$ 710,425

Specialized Institutional Foster Care ...... ^ 445,000

Specialized Foster Care _.--._--...._.$ 120,000

State Funds Pos.
$ --0-- 0 $ --0-- 0 $ 90,000 0
$ 130,000 0 $ 62,500 0 $ 949,957 0
$ 242,823 0
$ 445,000 0 $ 97,500 0

TUESDAY, FEBRUARY 28, 1978

1917

Child Welfare--

Family Foster Care _____.. ____.....__.$

Adoption Supplement ___-..-_.......__ $

Liability Insurance . ,

$

Emergency Shelter Care _....._._....._.$

Day Care _.....____._..____.._._._____.__.._._$

2,809,825 80,000 17,000 120,000
415,640

Psychiatric, Psychological and Speech Therapy ___.__._.__ ...._._.$ 120,000

Maternity Care __,,-__._..-_.-_..__-.-.-_$ 275,400

Return of Runaways--County .._.._. $

4,000

Undistributed ....... $ 1,097,528

Total . .. . ...__-_.._.-. ._._-_-IsriO,846,163

$ 1,324,000 0 $ 50,000 0 $ 17,000 0 $ 30,000 0 $ 181,640 0

$ 30,000

$ 275,400

$

1,000

$ 822,400

T~ 4,749,220

0 0 0 __0_
(F

11. Community Youth Services Administration:

Personal Services ._.__._____..____.______._____._____.._____$

Regular Operating Expenses ....___..-._........ ...$

Travel ----.,,-...

$

Motor Vehicle Equipment Purchases ............$

Publications and Printing .____._______..______._.__.....$

Equipment Purchases ....,,....._._......_._...,,,,_...._,,.$

Computer Charges __--. .,,._......................__.....,,.$

Real Estate Rentals ......_......_.....--_......._..._._-_.$

Telecommunications ---------.--_-.----..-.-----,,_$

Per Diem, Fees and Contracts ____.___..__..____._,,__$

Utilities .._.............._........_....._.......__........_....__...._.$

Postage _...-_.._-..-__-...__.....,,_-....._-.,,_-...-_._-...-_._...$

Benefits for Child Care ..__._......_....._,,.....__......_.$

Total Funds Budgeted _._..._._-...__.....___......_.._...$

Indirect DOAS Services Funding _____________ $

Agency Funds _-..-..-_-....__..-_..,,..._._-.....__..-........$

State Funds Budgeted _.____..____....___._...___.______...__.$

Total Positions Budgeted

Passenger Carrying Motor Vehicles

414,905 13,770 13,500
--0-- 2,000
--0-- --0--
24,000 15,695 2,500 --0-- --0-- --0-- 486,370 --0-- --0-- 486,370
24 0

12. Services to the Aged Budget:

Personal Services _._._...__...._.._...........__......._......_.$

Regular Operating Expenses .................._.... $

Travel ._....._....._.__..

. .._....._._....._.......$

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

Publications and Printing ....... ........................I

Equipment Purchases __......... ..........._............._...$

Computer Charges ....-._._......_...._......._......._..,,.$

Real Estate Rentals ........................................I

Telecommunications --_,,_----._.--__.,,...___---._..,,-$

Per Diem, Fees and Contracts ___.._..._..__.._.._...$

Utilities ......_._..........._........._..._.._.......__......_.........$

Postage ._.___..__._.___.__._._._____..__.__.___.__...____._..._.___.4$

Areawide and Community Grants -...._--..._.$

Nutrition Grants _........_....___....__._......._....__.__....$

Total Funds Budgeted ..____...__.-....__......__......__...$

Indirect DOAS Services Funding ....__..........$

445,300 12,200 22,250
--0-- 2,200
--0-- --0--
36,400
11,030 948,300 --0-- --0--- 2,241,600 4,003,200 7,722,480 --0--

1918

JOURNAL OF THE SENATE,

Agency Funds --,,....--..___.. .,,.__.--_$ State Funds Budgeted __._........__.._...___..$ Total Positions Budgeted

7,215,660 506,820 28

Services to the Aged Functional Budgets

Total Funds
Administration and Planning ......_.$ 597,780 Nutrition Grants __,,__--__._._..__--____.$ 4,003,200 Areawide Grants _..._,_____.-__,,--._-.$ 2,241,600 Undistributed ........_-.,,_-..._........-_...$ 879,900
Total ........... -.._--.$ 7,722,480

State Funds Pos.
$ 242,820 26 $ 264,000 0 $ --0-- 0 $ --0-- 2
$ 506,820 28

13. Vocational Rehabilitation-- Program Director and Support Budget:

Personal Services

........_..........$

Regular Operating Expenses ....----....--..._.$

Travel -..--.,,--,,-----------$

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

Publications and Printing ____________.____..________.__.$

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

Computer Charges .----___. .--_._.----.----$

Real Estate Rentals _...._._......__......_.._._.$

Telecommunicatiolns ....__.....___..___...._._. $

Per Diem, Fees and Contracts .___._._...._$

Utilities ............-_.----_..---_._.-----.--..$

Postage ._...__.._._..-_._...-_......__._._.._._....--_.$

Case Services .............. --....--....--,,_$

Grants for Nephrology Centers ....._._...----..$

Total Funds Budgeted .....__.._ ..__.. _.,,_.$

Indirect DO AS Services Funding ...._....-,,..$

Agency Funds __-...____.......___.......,,........_......._-$

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

Total Positions Budgeted

693,690 69,380 29,000
--0--- 15,960 2,100
275,000 --0-- 25,000 259,000 --0--
3,000 225,000 185,000 1,782,130 --0-- 1,417,099 365,031
39

Vocational Rehabilitation--Program Direction and Support Functional Budgets

Total Funds
Program Direction and Support .$ 1,101,670 Grants Management ____......_.....__.....$ 680,460 Undistributed .....--...._--...,,-_-....__.$ --0^
Total --._----------------------$ 1,782,130

State Funds Pos.
$ 160,031 37 $ 205,000 2 $ --0-- 0
$ 365,031 39

14. Vocational Rehabilitation-- Facilities Budget:
Personal Services __..____-______.___,,_______.,,--_____,,.$ Regular Operating Expenses ............._.-.. $ Travel ..............._.......-..............-..._.. ..........$ Motor Vehicle Equipment Purchases __..--__..$ Publications and Printing ___......._......._......._....$ Equipment Purchases -......._--..-----.-.._--.._.$ Computer Charges ....._...__.......,,._........_.._,,.._..$

3,119,580 203,090 51,800 14,500 3,800 25,170 --0--

TUESDAY, FEBRUARY 28, 1978

1919

Real Estate Rentals ,,___._.___.__..._____..._.__._____..___$ Telecommunications -_______.._______--___.___-_____.___$ Per Diem, Fees and Contracts .....___,,..._..___......$ Utilities .... _._..._.__.__...._.$ Postage --___..--__....-__......-_..-..__-__......,,__........-__-$ Capital Outlay .___.__..__._.._,,___...._,,_______,,_______._...__$ Case Services --_,,________,,__--___,,_____________--___,__.$ Total Funds Budgeted .__......._.,,.......__......._._-_._.$ Indirect DOAS Services Funding _._.._...._....$ Agency Funds ._...._._...___.....____......-__...._..._-___.....$ State Funds Budgeted _._.______.,,____.____.____._,,___.$ Total Positions Budgeted Passenger Carrying Motor Vehicles

90,400' 118,250 117,900 47,000
4,800 --0-- --0-- 3,796,290 --0-- 2,903,180 893,110
220 21

Vocational Rehabilitation--Facilities Functional Budgets

Total Funds

Program Direction and Support ... $ Atlanta Rehabilitation Center .__...$ Alto Rehabilitation Center ._____,,.. $ Cave Spring
Rehabilitation Center ......_.....___.$ Yarbrough
Rehabilitation Center _____.__.______.$ Georgia Vocational Adjustment
Center--Gracewood ......_......_.._...$ Undistributed .----..-----------..----. $

379,780 1,208,560
606,580
241,400
1,056,790
303,180 --0--

Total

.___,,-_._._.._.$ 3,796,290

State Funds Pos. $ 141,830 13 $ 304,060 64 $ 165,780 38
$ 69,150 16
$ 212,290 65
$ --0-- 24 $ --0-- 0 ~$893,110 ^2(T

15. Roosevelt Warm Springs Rehabilitation Services-- Hospital Services:

Personal Services ___......__._....___.....__........______.....$

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

Travel

__.__.__

$

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

Publications and Printing ......_..__..._.._......._......$

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

Computer Charges _--......_.......-._--.-..._,,--.....--.$

Real Estate Rentals .._.__-.....___._..._____.......___,,..$

Telecommunications ____....._..__. .-.__......___....._..$

Per Diem, Fees and Contracts ........__,,....._..... $

Utilities _._......_..___.....-_.._.......__.....____.....-__.........$

Postage .-...._.___.....___,,.....____.......__._...__._.......____.... $

Case Services ----....,,--......--_-...,,_--.--..,,--..-.._--$

Capital Outlay ....__..........._--....___.....__.._......___.....$

Total Funds Budgeted ....___......___........._......._..$

Agency Funds ......................................I.............?

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

Total Positions Budgeted

Passenger Carrying Motor Vehicles

3,556,500 1,016,910
28,200 7,000 3,500 17,250
--0-- --0--
70,000 404,815 112,700
6,000 --0-- --0-- 5,222,875 5,222,875 --0--
354 13

16. Georgia Factory for the Blind Budget: Personal Services .,,._...-._.,,..-..._..-......-,,__.......$

1,255,160

1920

JOURNAL OF THE SENATE,

Regular Operating Expenses ........................$ Travel ............................... ...^..............$ Motor Vehicle Equipment Purchases _.--______.$ Publications and Printing ...................$ Equipment Purchases ....................... ^ Computer Charges ............................... ....^ Real Estate Rentals ....................... ^ Telecommunications .................... ..... .^ Per Diem, Fees and Contracts ........................^ Utilities _,,.,,_,,.._,, ....... _,,_...__.,,..._$ Postage ... ........ ........ ......... ._.........$ Total Funds Budgeted ................... ^ Agency Funds ........................... ..^ State Funds Budgeted ................ ^ Total Positions Budgeted Passenger Carrying Motor Vehicles

2,851,820 12,300 28,000 2,600 73,900
--0-- --0--
12,395 49,750 44,350
500 4,330,775 4,063,394
267,381 24 12

Georgia Factory for the Blind Functional Budgets

Total Funds

Operations --.--.-.$ 3,992,190

Supervision ................$ Vocational
Rehabilitation Unit ....__......._._-.$ Undistributed ........................^

249,580
89,005 --0--

Total ............... ^ 4,330,775

State Funds Pos.
$ --0-- 0 $ 249,580 19

$ 17,801

5

$ --0-- _0_

1 267,381 24

17. Vocational Rehabilitation-- Services Budget:

Personal Services -.--,,...----,,.---.,,..$

Regular Operating Expenses ____.__________._.,,_____.$

Travel

-- --.-..--.-.$

Motor Vehicle Equipment Purchases ,,...,,___,,$

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

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

Computer Charges ,,-_--.-.,,,,..------_---.--,,_..--.$

Real Estate Rentals ............................. 4

Telecommunications ............................... ^

Per Diem, Fees and Contracts ...-.__......_.___.....$

Utilities ................................ ^

Postage ............... ..^,

Case Services ...................................$

Total Funds Budgeted ..__.._.___.._______...____..______..-$

Indirect DOAS Services Funding ................^

Agency Funds .....................................^

State Funds Budgeted .......................... ^

Total Positions Budgeted

Passenger Carrying Motor Vehicles

9,926,565 433,850 385,000 --0-- 3,000 13,940 --0-- 523,120 255,000 196,500 57,770 65,280
15,070,000 26,930,025
--0-- 20,696,300
6,233,725
722 4

18. Roosevelt Warm Springs Rehabilitation Services-- Rehabilitative Services Budget:
Personal Services --..__.--...,,,,..--___.,,_..--._,,,,--$ Regular Operating Expenses ..,,,,.,,._.,,,,-_.._,,..$

1,349,855 214,500

TUESDAY, FEBRUARY 28, 1978

1921

Travel __._._______.___.__-.-.--.------.-.? Motor Vehicle Equipment Purchases _--,,,,,,_$ Publications and Printing _______._,,_._________._.__--_? Equipment Purchases ,,-------- -- -- --------$ Computer Charges ...,,.,,--....----------._--_----$ Real Estate Rentals .__._.-__.___-____-_.-__--_---$ Telecommunications ____-___--_-__--,,--_.--__-.,,----$ Per Diem, Fees and Contracts .___,,,,__,,.___,,___-$ Utilities _._-__.-_____._,,__-.-..-----~~~~~~--f Postage --.-.------.----.--__------------.------$ Case Services ......._..._..__..__.__..._-_..-------$ Total Funds Budgeted ___..__._._.___.___.__.___.._-_-$ Agency Funds --.--_.--._--_--.----_-----__-_--_? State Funds Budgeted _......-...._...__._-_--._$
Total Positions Budgeted Passenger Carrying Motor Vehicles

10,000 7,000
700 10,665 --0-- --0-- 42,000 418,300 133,000 --0-- 85,000 2,271,020 1,885,855 385,165
109 1

19. Vocational Rehabilitation-- Disability Adjudication Budget:
Personal Services ..--.-........-.-..-.........-......---..I Regular Operating Expenses _.__________,,_._____.$ Travel -------------__---$ Motor Vehicle Equipment Purchases --,,.,,--.$ Publications and Printing ....,,..,,.,,..._.__.._._..$ Equipment Purchases -__,,_-,,_,,----,,__----__-_$ Computer Charges .-..._..._..-...-.--..,,.--.-.--_--..$ Real Estate Rentals ._._____,,_,,.._,,_.____-__._-.__.$ Telecommunications _------_-----__.__.___.__.___.$ Per Diem, Fees and Contracts _-____,,____._--___$ Utilities .__-__,,_.-________--.___.--.-____-_..___._._$ Postage --_----_--,,--_-_--___--__--_--_._.__..._--$ Case Services .._-_..._..._..._.--..__-__.___-_.._...$ Total Funds Budgeted .._..._......_.--._..._..__-$ Agency Funds .,,.._..,,.._..._._.__._._.____..-.$ State Funds Budgeted ___-_____--_.--.-_--_._...$ Total Positions Budgeted

4,299,900 426,000 28,600 --0-- --0--: 4,100 --0--- 325,500 12,000 116,100 --0-- --0--
4,504,200' 9,716,400 9,716,400
--0-- 312

20. Public Assistance Budget:

Personal Services --_.--.--_------_--.--._----._-.$ Regular Operating Expenses _--.--,,___--___$ Travel ._.._..-..-____..._.,,.____-___..-___._...._$ Motor Vehicle Equipment Purchases .,,..,,.._..$ Publications and Printing ._._--_--_-_-__-_...-.$ Equipment Purchases _..,,.._.,,_.__,,.___.._..._.__$ Computer Charges -.-------.---_.-_--_..-.--._.._..$ Real Estate Rentals __._..._-..-...___.._..._..._._....,,.$

--0-- --0-- --0-- --0-- --0--

Per Diem, Fees and Contracts .,,_-_--_--___-___._$

SSI-Supplement Benefits ,,._..._.....__..._.........$ 366,174

AFDC Benefits .._._...__.._..___,,._.._..._..._.._.$ 106,980,104

Total Funds Budgeted _...__..____..__...___$ 107,346,278

Agency Funds .._..__..___,,__..._.._.,,.__.__..__._..$ 70,414,304

State Funds Budgeted ___.________,,___-____.___--___$ 36,931,974

Total Positions Budgeted

0

1922

JOURNAL OF THE SENATE,

Public Assistance Functional Budgets

Total Funds
AFDC Payments .............. ^____..._-.$106,980,104 SSI - Supplement Benefits __,,-__..$ 366,174 Undistributed ......-.. -- ..............$ --0--
Total .__________._________.______._-...-___._$107,346,278

State Funds Pos.
$ 36,565,800 0 $ 366,174 0 $ --0-- 0
$ 36,931,974 0

21. Local Services--Community Services and Benefits Payments Budget:
Personal Services __.-__--_._-.,,-.__-_--._...,,.--.._...$ Regular Operating Expenses ........--_-.-..-.-$ Travel ......................................................^ Motor Vehicle Equipment Purchases .,,.._...,,.$ Publications and Printing .......................... ^ Equipment Purchases ..................................^ Computer Charges .................................... ^ Real Estate Rentals _,,._..__..____,,._,,.__._,,_____..._ $ Per Diem, Fees and Contracts ,,---_.--__----._.$ 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--
32,624,344
26,229,190 58,853,534 34,589,172 24,264,362
0

Local Services--Community Services and Benefits Payments Functional Budgets

Total Funds
Local Services-- Benefits Payments Grants _,,_.__$ 32,624,344
Grants to Counties for Social Services .......................^ 25,643,591
Undistributed ...................................4 585,599
Total ................... ..................^ 58,853,534

State Funds Pos.
$ 16,312,172 0
$ 7,366,591 0 $ 585,599 0 $ 24,264,362 0

22. Family and Children Services-- Program Direction and Support Budget:
Personal Services .................................. ^ Regular Operating Expenses .._-.,,_..,,-.__._-..$ Travel ...................................... ..^ Motor Vehicle Equipment Purchases _______,,_.$ Publications and Printing __.___.,,_-______,,,,__._.$ Equipment Purchases ----_-----.--_--_..---_---$ Computer Charges ....................................... ^ Real Estate Rentals ........................................^ Telecommunications _.,,-_,,.._....__,,.__..,,-.,,.-._.$ Per Diem, Fees and Contracts ._,,.-...._-.._.,,...$ Utilities _._.-__-_--_.___...............................^ Postage _..._.___._._.__._._.__..-..._._._._$

6,221,160 256,295 354,374 --0-- 177,000' 25,800 800,000 213,800 177,195
1,334,620 4,900
476,720

TUESDAY, FEBRUARY 28, 1978

1923

Total Funds Budgeted ................................^ Agency Funds ___-____.__._____.__..___._.__,,__.$ Indirect DOAS Services Funding _______.__.$ State Funds Budgeted ____-__.-_.__,,______-_.$
Total Positions Budgeted

10,041,864 5,623,235
--0-- 4,418,629
406

Family and Children Services--Program Direction and Support Functional Budgets

Total Funds

Director's Office _.-__.___-__________.$ Standards and Procedures -___.__.$ Training __________________._________._.f Management Development _,,____._.$ Administrative Support ____________ $ Food Stamp .................. ..^ District Administration ............... ^ Special Services __-___________________$ Eligibility Determination ............. ^ Undistributed _-._._.-_.-.-_-.,,.- $

350,805 349,170 413,540 1,695,180 2,239,250 808,670 1,919,125 1,134,805 487,060 644,259

Total _

_ __.____.___._______.$ 10,041,864

State Funds Pos.
$ 152,115 12 $ 113,610 10 $ 103,385 14 $ 838,110 91 $ 1,182,150 19 $ 208,670 24 $ 818,825 109 $ 409,205 54 $ 212,060 31 $ 380,499 42
$ 4,418,629 406

Budget Unit Object Classes:
Personal Services ....................................$ Regular Operating Expenses ___._____.___,,_$ Travel .......... ............^......................... ................$ Motor Vehicle Equipment Purchases ............$ Publications and Printing ......................... ^ Equipment Purchases ...................................^ Computer Charges ............................. ^ Real Estate Rentals .____._..._._____________.$ Telecommunications _.__------______________$ Per Diem, Fees and Contracts .....................% Utilities .................................................... ^ Postage ______..._-______.__-_.__.____._______-___.. $ Capital Outlay .,,___--_--_---,,-_--__---__,,--_._$ Grants for Regional Prenatal
and Postnatal Care Programs _._.__.._ _____$ Crippled Children Benefits ...................4 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 _._.___.________.f Grant-In-Aid to Counties ____.______.________$ Work Incentive Benefits ............................^ Grants to Fulton County 24-hour Emergency Social Services __________-,,__.$

65,321,588 9,332,895 2,369,029 74,500 560,900 294,345 3,514,540 2,220,415 1,545,395
39,558,595 452,520
1,038,770 --0--
2,600,000 3,951,000
450,000 1,600,000
3,476,480 322,530 175,000 --0--
106,646
102,464 27,167,375
900,000
130,000

1924

JOURNAL OP THE SENATE,

Benefits for Child Care _.._...__._-_____..$ 8,994,098

Chatham County Homemaker Project _.._..-..$ 366,330

Fulton County Homemaker Project ,,....--_.$ 205,735

Areawide and Community Grants _----._..-- $ 2,241,600

Nutrition Grants _-.._.-_-._._.__.__.._.._-..._-. $ 4,003,200

Grants for Nephrology Centers ,,.._...._._.__._.....$ 185,000

Case Services .__._.,,.._._-._..-._..__._-..-..,,-..._..,,.-._.$ 19,884,200

SSI-Supplement Benefits ..,,_.__,,._._.____,,.__,,__.$ 366,174

AFDC Benefits .._-.._._.._.._..-_.._.._..-_..__._..-$ 106,980,104

Local Services Benefits

Payments Grants ...._.,,,,,,_._....-__-.$ 32,624,344

Grants to Counties for Social Services _._.._..$ 26,229,190

Contract for the Purchase of

Clotting Factor for the

Hemophilia Program _..___.....,,._.._..__.._._.._..$ 100,000

Institutional Repairs

and Maintenance _,,----,,-,,-.,,,,,,_-..--.,,__..._.$ 384,054

Contract with Emory University

for Arthritis Research _.._.,,.,,._....__.__.._.,,..$ 159,625

Grant to Parent-Child Center __._,,_.._______.__.___$

11,000

Grant to Grady Hospital for

Cystic Fibrosis Program .._._.__,,_._,,____,,__._.$

40,000

Grant to Georgia Tech

for Cancer Research _..,,...__.._.._._.,,._,,..,,.._.$

50,000

Total Positions Budgeted

4,501

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 funds available in the Physical Health--Local Services Budget not less than $125,000 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 no State funds shall be used for ad vertising the Food Stamp program or other welfare pro grams unless failure to so apply State funds would cause the loss of Federal funds for programs other than advertising.

TUESDAY, FEBRUARY 28, 1978

1925

There is hereby appropriated $36,565,800 in State
funds for the purpose of making AFDC benefit pay ments.

Provided that for Fiscal 1979, 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

Standards of Need
$106 161 193 22.7 260 282 305 324
341
365
390

Maximum Monthly Amount
$ 69 105 125 148 169 183 198 211
222
237
254

Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 65% of the above stan dard of needs.

Provided, that of the above appropriation, $88,000 is designated and committed to operate the Rome Cere bral Palsey Center.
Provided, however, it is the intent of this General Assembly that no additional group homes or community treatment centers be started with Federal funds without price approval by the General Assembly of Georgia.

Provided, that of the above appropriation relating to Institutional Repairs and Maintenance Projects, $52,030 is designated and committed for making neces sary structural renovations to DHR facilities to insure compliance with Section 504 of the Rehabilitation Act of 1973.

Provided, however, it is the intent of this General Assembly that the rate paid to Dentist for services rendered in the District Dental Clinics shall not exceed twenty-five dollars ($25.00) per hour.

Provided that of the above appropriation relating to Statewide Grants for Pre-natal and Post-natal Care Programs, $2,989,000 is designated and committed for a Statewide program of pre-natal and post-natal care, including all hospitals where such program or programs are providing or shall provide such care.

1926

JOURNAL OF THE SENATE,

Provided, that of the above appropriation relating to Per Diem, Fees and Contracts in the Family Health Activity, $9,000 is designated and committed for the purchase of equipment for the obstetrical unit at the University Hospital in Augusta.

Provided however, that to the extent that Title XX funds become available in excess of the amount con templated in this Appropriations Act, it is the intent of this General Assembly that the first $2.9 million of such excess not be subject to the provisions of Section
53 of this Act.

Provided that grants of Federal Title V (Maternal and Child Health--A and B) funds above the amounts anticipated in this appropriation shall be used to im prove and expand Physical Health programs and not to supplant State funds in this appropriation.

B. Budget Unit: Community Mental Health/ Mental Retardation Youth Services
and Institutions ._------_------------------,,.$ 173,969,151

1. Georgia Regional Hospital at Augusta Budget:
Personal Services ----.------------------------..$ Regular Operating Expenses --_------------ $ Travel ____------- __----.----_------------$ Motor Vehicle Equipment Purchases ------_.$ Publications and Printing ------------_--___$ Equipment Purchases ___------------------.$ Computer Charges ------___------------.$ Real Estate Rentals -------------------------- $ Telecommunications -------------------------- $ Per Diem, Fees and Contracts --__----..._.--_ $ Utilities ------_-__--------.,,------------------. $ Postage _._----------_----------------$ Authority Lease Rentals ___,,.------------$ Total Funds Budgeted ----------------------.$ Indirect DOAS Services Funding ,,_____.$ State Funds Budgeted ---------------------.$ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

5,124,919 657,300 6,250 --0-- 2,100 7,000 60,000 --0-- 64,000 177,700 188,475 5,600 387,000
6,680,344 --0--
6,015,344 480 468 14

2. Georgia Regional Hospital at Atlanta Budget:
Personal Services --------------_----___----.$ Regular Operating Expenses -------------- $ Travel ------------__._.__.___------_----.----.$ Motor Vehicle Equipment Purchases ----.---$ Publications and Printing _--___------------$ Equipment Purchases ----------------------f

6,529,000 867,300 10,000 36,500 4,400 30,000

TUESDAY, FEBRUARY 28, 1978

1927

Computer Charges ___________________._______.______________$ Real Estate Rentals _________________..--.,,_..-.__,,__...$ Telecommunications -___.----.----_..-_._-.----. $ Per Diem, Fees and Contracts _.-_.--_--..-----$ Utilities ,,...__...._.._.._...,,.._......._....._._._.____$ Postage _______________________________,,_________________________$ Capital Outlay ,,________..--.__..____.._,,__._._..__._,,__$ Authority Lease Rentals ___-_______._____________,,.$ Total Funds Budgeted ._,,._..._._._.,,.................$ Indirect DOAS Services Funding _..-__.._._-..$
State Funds Budgeted ________________.___________-___$ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

93',000 --0--
86,000 96,000 275,000 10,000 275,000 513,000 8,825,200 --0---
7,791,400 600 588 19

3. Georgia Regional Hospital at Savannah Budget:
Personal Services ._._..___....._...._,,......_...._..$. Regular Operating Expenses -_.-,,.--_----.-,,. $ Travel _______________________ _._^_ __.___$ Motor Vehicle Equipment Purchases ._._..,,..$ Publications and Printing __-_..-...___..,,_._...$ Equipment Purchases --.--.._--___--_._____..$ Computer Charges .___....._....__-._.._.._...___.$ Real Estate Rentals ________._________.__._________________$ Telecommunications _________._______-_.____,____._________.__$ Per Diem, Fees and Contracts --_,,-__-_---___,,.$ Utilities __.__,,_____.___-______.___._.._____._.____.__. $ Postage ._.._-.,,.,,._._______._______._____._._..____,,___$ Authority Lease Rentals ._.._.._..._.._...._..,,.,,._.? Capital Outlay __________ ______________________________________.^ Total Funds Budgeted ._-.._.._......-____._._..$ Indirect DOAS Services Funding _..._----._ $ State Funds Budgeted _.___..___.__.,,_.._... $ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

5,570,000 538,100 8,000 11,000 3,000 6,000 85,000 4,200 58,000 67,500 250,000 5,000 500,000 308,480
7,414,280 --0---
6,689,280 519 510 18

4. West Central Georgia Regional Hospital Budget:
Personal Services ___________,,__.________________________.$ Regular Operating Expenses .._._.,,.-._-.--._.. | Travel -...._.,,..-,,..-...-...._.-.-_..-.__._.,,._-_..__... $ Motor Vehicle Equipment Purchases _._____$ Publications and Printing __.-._.....-__.__.-..-,,$ Equipment Purchases -.._..----_._..__._--...$ Computer Charges .__--__._..__.._.__..-_,,__.$ Real Estate Rentals --.._.._.-.__-_.._._..___....$ Telecommunications .-..,,..-.-....--.,,.-.-_._.__... $ Per Diem, Fees and Contracts ._.--.__._._.$ Utilities _______________._______.____,,______-__________.__-___$ Postage ,,.._.-.-.-.-_...-._-.-..._._-.._..__-.._,,.._.__.$ Authority Lease Rentals _____._.___.__...__$ Total Funds Budgeted __._._-____..-___.--$

4,974,000 589,900 9,000 6,500 4,650 3,000 75,000 --0-- 60,000 24,000 197,000 10,000 646,500
6,599,550

1928

JOURNAL OF THE SENATE,

Indirect DOAS Services Funding .__._,,________.$ State Funds Budgeted ............................... ^ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

--0--
6,299,950 493 436 23

5. Northwest Georgia Regional Hospital at Rome Budget :
Personal Services --_..,,...-._._-___.,,..-..._-..-.,, $ Regular Operating Expenses --._,,._-.____--.__-$ Travel ................ ...^.. ......................$ Motor Vehicle Equipment Purchases ._.,,.._,,$ Publications and Printing ..._..._......_...._..._.....__.$ Equipment Purchases .................................. ^ Computer Charges ................................ ^ Real Estate Rentals ........................... .^ Telecommunications ..-..,,...-.._.--,,-.....,,-...-.---.$ Per Diem, Fees and Contracts .._.,,.._....._..,,..$ Utilities .................................. ..^....^ Postage _,,____,,__________,,_______.-________._____._--$ Capital Outlay ....__..-.---.-.....--.-..-.--.$ Authority Lease Rentals .......................... ..^ Total Funds Budgeted .............................. ^ Indirect DOAS Services Funding -__-_--......$ State Funds Budgeted ........................... .....^ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

6,616,000 585,500 8,000 6,500 1,500 10,400 85,000 --0--
75,000 23,850 550,000
5,200 256,000 853,500 9,076,450 --0--
7,820,850 648 596 29

6. Gracewood State School and Hospital Budget:
Personal Services ........................................$ Regular Operating Expenses -....-_..-_.__,,....$ Travel ....................................... .....^ Motor Vehicle Equipment Purchases ----$ Publications and Printing _..._..__.___,,....._.. $ Equipment Purchases .............................. ^ Computer Charges ............................... .....^, Real Estate Rentals .................................. .^ Telecommunications ................... .....^........^ Per Diem, Fees and Contracts ...................... ^ Utilities .,,.,,._.._..._-.-.._-.__..-.....,,.._...-..-...-.._.$ Postage .......................................................... ^, Capital Outlay ............................................. .^ Authority Lease Rentals _..._____.-.__.__.-,,-$ Total Funds Budgeted ...._...,,.....__..--_.._..-.. $ Indirect DOAS Services Funding ._----_,,__-.$ State Funds Budgeted ......................... ......^ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

17,697,000 I,884,100
9,800 17,300 14,600 40,000 55,000 -- 0--
170,000 153,800 790,000
12,500 -- 0--
117,000 20,961,100
-- 0--
II,892,100 1,755 1,755 89

TUESDAY, FEBRUARY 28, 1978

1929

7. Southwestern State Hospital Budget:
Personal Services --___...._....--......._......_..$ Regular Operating Expenses ----_--------_$ Travel ._.._...-._..._....-.....--..__.----........._..._.-.. $ Motor Vehicle Equipment Purchases .___ $ Publications and Printing .___--___._----_..$ Equipment Purchases -_------------------_--.$ Computer Charges ....._..._........____...___$ Real Estate Rentals ----.___.._----.--.--$ Telecommunications ___----____------$ Per Diem, Fees and Contracts .------.----$ Utilities _......._....-.----.----.-.-______.___$ Postage ------.----------.___._.----------$ Total Funds Budgeted ........_.-.......--.......__.._$ Indirect DO AS Services Funding ----_.----..$ State Funds Budgeted __..--.___._..-..----..-$ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

9,476,000 1,017,100
12,000 38,000 2,700 35,500 90,000 --0-- 72,000 46,200 375,000
9,000 11,173,500
--0-- 9,848,500
920 920 45

8. Georgia Retardation Center Budget:

Personal Services ..--.--.......----........--...--...I Regular Operating Expenses --,,.----..----.f Travel _.....__..._._..._..._._...._._..__..--..._.__.......----$ Motor Vehicle Equipment Purchases.------? Publications and Printing --.._-,,.-------._..--.$ Equipment Purchases ----------------_----? Computer Charges _.._--_._-._.._..._.__._----..? Real Estate Rentals --___..._....--....._..._.? Telecommunications ...._----.._.__..._._------$ Per Diem, Fees and Contracts .-.____-------? Utilities ._....-.--.------_..._..--_.------.----.---.? Postage _.....--._._-...-..___.._....___.___.$ Authority Lease Rentals _...___...------.? Total Funds Budgeted ._----_.__--_._...._.._... $ Indirect DOAS Services Funding ........_......$ State Funds Budgeted ----.------_-----_-$ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

10,098,000 2,012,000
9,200 --0--
5,800 5,200 100,000 --0-- 132,000 60,700 604,100 7,000 794,000 13,828,000 --0-- 9,168,000
990 919 34

9. Georgia Mental Health Institute Budget:
Personal Services __-.----..----.--._.--_._.._.__.$ Regular Operating Expenses .----...._......_-$ Travel .._._.._.....----......_..----..._.----......_.._......_. $ Motor Vehicle Equipment Purchases--.----? Publications and Printing ..--.--....._-.._..._..$ Equipment Purchases -----.-------.--------? Computer Charges --...---------------.--$ Real Estate Rentals .----......_..__.........._......$ Telecommunications --....-...._.__.._._._...._.$ Per Diem, Fees and Contracts ._--_...___-$

6,338,000 757,750 10,000 --0-- 8,800 46,500 93,000 --0-- 170,000 475,800

1930

JOURNAL OF THE SENATE,

Utilities .__._......._.._........_.--_.._.-_.-__.--$ Postage __.~__.__.-.__.~_..~_--_._._-_--.__--$ Authority Lease Rentals ._........_.-........._...........$ Capital Outlay ...................................................^ Total Funds Budgeted ...._................................$ Indirect DOAS Services Funding ___,,_._.,,.__. $ State Funds Budgeted ......................... ^.
Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

675,000 9,500
450,000 31,500 9,065,850 --0-- 8,555,850
513 515 20

10. Central State Hospital Budget:
Personal Services ......................................^ Regular Operating Expenses _..._-...._..._..,,--.$ Travel ..................................^ Motor Vehicle Equipment Purchases ._..,,..,,.$ Publications and Printing .................... ..^. Equipment Purchases ..........^..................^ Computer Charges ....................................^ Real Estate Rentals ._.._...-._..,,...._-....-_,,-_-.$ Telecommunications .._..._._..._............,,..,_..._..._. $ Per Diem, Fees and Contracts ..................$ Utilities ..-.._...........-._..._.__--..-.._.._--._.----$ Postage ---.-.---...--..-.-.--.--.----.---$ Authority Lease Rentals .,,........___..._._......$ Total Funds Budgeted ................................ i Indirect DOAS Services Funding ..._....,,..__..$ State Funds Budgeted ...................................^ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

48,250,000 6,573,230
17,000
56,700
18,070 101,000 345,000 --0-- 420,000 121,000 2,100,000 40,000 669,000 58,711,000 --0-- 47,563,039
4,612 4,612
153

11. State Youth Development Centers Budget:
Personal Services ....................................... ^ Regular Operating Expenses ....__..._....,,....__ $ Travel ._____..._-._._.__.__...__.. $ Motor Vehicle Equipment Purchases .----.___.$ Publications and Printing __________________,,______$ Equipment Purchases .....................................I Computer Charges __........_,,...._-...._..__...,,._..$ Real Estate Rentals ......,,..__....,,...,,...,,..._......$ Telecommunications ----_-._.,,.-.,,-_.._...._...._,,...$ Per Diem, Fees and Contracts .__..,,...__...__... $ Utilities ............................ .^ Postage -..,,_...._.._._.._,,_,,..........,,_..__.,,,,.. $1 Total Funds Budgeted ................................^ State Funds Budgeted ..................................$ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

6,875,100 1,051,600
7,000 10,500
200 19,000 8,000 --0-- 78,700 74,900 450,000 16,600 8,591,600 8,294,600
641 641 93

TUESDAY, FEBRUARY 28, 1978

1931

12. Regional Youth Development Centers Budget:
Personal Services .......------.---_---_----._-.___._.$ Regular Operating Expenses ........................if Travel _____________________________...............^ Motor Vehicle Equipment Purchases ____._.$ Publications and Printing ................................$ Equipment Purchases __...,,......_,,._,,...._..,,...._.$ Computer Charges --......_...___.-____,,_..__--$ Real Estate Rentals ........................................$ Telecommunications .........................................$ Per Diem, Fees and Contracts ........................$ Utilities .,,.......__._..,,........__........................J^ Postage .-....-..-_..._...___-._...._-_.__._..._.__.....$ Capital Outlay ....................................................$ Grants to County-Owned Detention
Centers ......................................................$ Reserve for Eastman FYDC ..........................$ Total Funds Budgeted .....................................$ State Funds Budgeted ..._._.__.,,...,,_.._._._..,,..$ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

3,199,000 538,920 7,500 6,800 350 15,600 --0-- --0-- 37,800 48,000 230,000 6,000 810,000
250,000 180,000 5,329,970 5,194,970
329 329 28

13. Community Mental Health/ Mental Retardation Services Budget:
Personal Services ..,,.-.__-..._..,,._....______.._...$ Regular Operating Expenses _--_..._--._._..$ Travel _,,._______,,_________.._____________..__..___.$ Motor Vehicle Equipment Purchases.--.._,,$ Publications and Printing ................................$ Equipment Purchases _________.,,__,,,,_,,$ Computer Charges __--.--_--_--_--...--.--._..._$ Real Estate Rentals __________________.___..__-$ Telecommunications --.,,--_.._._.__.__._._$ Per Diem, Fees and Contracts -......--..--._--.._-$ Utilities ........................... .........^....$ Outpatient Pharmaceuticals _.............._...._...$ Drug Abuse Contracts ...................................^ Development Disability
Service Chiefs ..-.........-.....-.-........................$
Day Care Centers for the Mentally Retarded .....................................^
Purchases of Mini-buses for MR Day Care Centers .......................................^.....^
Group Homes for the Mentally Retarded _______.___,,__.______,,__..$
Supportive Living Benefits ......_......,,........_.$
Supportive Living Staff ...__.__..___...........$
Foster Grandparents ................-....-.._..__._...$
Community Residential Services ___.___..$
Community Residential Services Staff ._...__.__...___.__..___..$

5,407,000 136,950 27,300
--0--
68,600 4,200
2,399,600 5,800
770,000 1,295,200
400,000
28,341,633
350,000
1,876,000 1,454,000
249,000 337,000 1,101,000
525,000

1932

JOURNAL OF THE SENATE,

Community Mental Health Center Services ___--_____._.-___...__,,__,,__._.__-._-$
Project Rescue -.._-..._.-.__..._.___.__....._.,,.._,,.$ Total Funds Budgeted _...-._....._._..,,...__--._.$ Agency Funds .,,-----------------$ State Funds Budgeted _,,_._,,_,,.__.________._._-.,,$
Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979

32,275,598 182,500
77,206,381 41,789,878 35,416,503
382 382

Community Mental Health/Mental Retardation Services Functional Budgets

Total Funds
Mental Health Community Assistance _,,,,.__,____-._-.__-__-._--$ 3,684,000
Mental Retardation Community Assistance ._,,_--.___-.$ 1,152,800
Central Pharmacy -_,,___,,___._____.___.._-.$ 99,800 Odyssey ..._.,,,,.._._.._....._.__----_$ 65,400 Synthesis Treatment Center .___..$ 226,250 Tenth Street Treatment Center __._$ 216,800 Little Five Points
Treatment Center __,,__.__.__._..___.$ 218,700 Central Intake ____.___,,-___.____.____..$ 176,700 Outpatient Pharmaceutical ._.-_.$ 770,000 Developmental Disability
Service Chiefs ..............................I 400,000 Group Homes for the
Mentally Retarded .-_.__.-.._...,,._.$ 1,876,000 Day Care Centers for the
Mentally Retarded ____________,,__._.$ 28,217,173 Purchase of Mini-buses for
MR Day Care Centers _____.___.___.$ 350,000 Supportive Living ____.__._,,__,,_.__.__,,$ 1,559,000 Foster Grandparents ___.___.-_._.-__--.$ 157,000 Community Residential
Services .._..-..,,.-....,,.._.._--.._.._ $ 1,606,000 Project Rescue _..-..._-..-__..._...-_..$ 182,500 Drug Abuse Contracts _-_________,,..__..$ 1,295,200 Community Mental Health
Center Services ___,,.__,,.____.__.$ 31,707,097 Undistributed __,,____,,______,,_____-_._.$ 3,245,961
Total _.___...._.._..-.._........-._._-_.-$ 77,206,381

State Funds Pos.

$ 3,613,374 248

$ 1,152,800 73

$ 99,800

5

$ 26,160 4

84,500 14

80,720 13

81,480 15

64,680 10

770,000

0

$ 400,000

$ 1,876,000

$ 12,717,173

$ 350,000 0 $ 1,372,250 0 $ 157,000 0

$ 1,606,000 0

$ 45,625

0

$ 170,883

0

$ 7,502,097

0

$ 3,245,961

0

$ 35,416,503 382

14. Community Youth Services Budget:
Personal Services ...__.-....,,.._..__.-..-._-_..._._-...$ Regular Operating Expenses --..-,,--_-..--.--.,,..$ Travel ..............................................................I Motor Vehicle Equipment Purchases _.._.._..-.$ Publications and Printing ______.___._,,____._.______.__$ Equipment Purchases .----_--_--_--__._-------$ Computer Charges -..-._.-.,,-._-._.._.._...----.-......$ Real Estate Rentals -.._-_.__._.,,._.__-_-.---$ Telecommunications _--_-_-_--_--.--_------.---$ Per Diem, Fees and Contracts ..,,._..____..__-,,.$

4,641,645 305,425 244,600 11,000 300 4,275 --0-- 205,410 131,750 --0--

TUESDAY, FEBRUARY 28, 1978

1933

Utilities ._._..-_-._.._.._._.,,........,,.._..____.$ Postage __.__-...--._.-.-,,.-__,,-.,,-.__._..__..._.._$ Child Care Benefits ___,,._______.__...-__.___,,_.___..$ Total Funds Budgeted __.,,__-.__.-.__._.._-._,,__-_.__...$ State Funds Budgeted __._.-.-..._,.._._._,,_._.$ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

28,040 8,890 10,000
5,591,335 3,418,765
394 394 21

Community Youth Services Functional Budgets

Total Funds

Group Homes -_...-....._._._..$ Attention Homes .... _....__...__.___..___.$ Day Centers .._._......_........_..__..___.._.$ Community Treatment Centers ....$

571,160 96,910 404,080 970,480

Court Services .__.._._.._....._.._._..__...._.$ 3,006,150 Runaway Apprehension ........._.....? 173,645

Interstate Compact -_..._...,,..._..__..$ 46,770 Undistributed ----.-..- $ 322,140

Total __,,._.__._....,,.._.._,,$ 5,591,335

State Funds Pos.
$ 571,160 45 $ 96,910 2 $ 404,080 28 $ 469,060 70 $ 1,428,370 217 $ 80,275 12 $ 46,770 3 $ 322,140 17
$ 3,418,765 394

Budget Unit Object Classes:

Personal Services __--_.--_-___.____..__-__,,.______._..--_$ 140,795,664

Regular Operating Expenses ._..__..._._.___,,.,,$ Travel .__-_- _,,__-_..__.____..___.__._______.____$ Motor Vehicle Equipment Purchases _,,__,,__.$ Publications and Printing ._,,-_...__._...,,._._..-__$ Equipment Purchases ._..._..,,......._........._..,,....$ Computer Charges ___.,,.._.____,,_.-_.._____________.$ Real Estate Rentals ..,,.-...--..._...-...-......-._...$ Telecommunications ----_.._.__--_.__._.$ Per Diem, Fees and Contracts _____________$ Utilities _.-_-__-__-_.__-.-._-___.._,,.__._____-_ $ Postage ..-.-..-.-......_...__.,,-._-.__.-_,,_....-.-.__-. $ Capital Outlay __.._..,,.__.,,..._._.,,..,,...,,..-,,_-..$ Authority Lease Rentals _-..._-..__.._..__,,...._..,,_..$ Grants to County-Owned
Detention Centers ______._____________.___..-___.--__,,.$

17,515,175 385,650 200,800 66,470 323,475
1,089,000 278,210
1,559,450 3,769,050 6,718,415
145,290 1,680,980 4,930,000
250,000

Reserve for Eastman FYDC --...._..__........_..$ Outpatient Pharmaceuticals -..-_.-._._------...,,.$ Drug Abuse Contracts ___-_-..-_..._........_-..._......$ Development Disability
Services Chiefs ,,...__.._.._...._...,,....._,,..._.._..$ Day Care Centers for the

180,000 770,000 1,295,200
400,000

Mentally Retarded -.._..._...._-.._...-_.......__--..$ Purchase of Mini-buses for
MR Day Care Centers ,,__._.___._____._-_____.___.$ Group Homes for the
Mentally Retarded ,,--_..-_--_........_....__.__--$

28,341,633 350,000
1,876,000

Supportive Living Benefits ._...__..,,.......,,_.._.? 1,454,000

Supportive Living Staff .._._-__-._.._..._........_._^ 249,000

Foster Grandparents -.-.-...-.._..._.._-..._..._..._..| 337,000

Community Residential Services __-_--__.--_$ 1,101,000

1934

JOURNAL OF THE SENATE,

Community Residential

Services Staff ._.___.____._._.._._..___.-___$ 525,000

Community Mental Health

Center Services ............................................I 32,275,598

Project Rescue ___,,_____,,__.__,,.____,,___.________.__,,__.$ 182,500

Child Care Benefits --____,,.___._.___,,._.__,,_.,,.$

10,000

Total Positions Budgeted July 1, 1978

13,276

Total Positions Budgeted June 30, 1979 __..._...._........13,065

Passenger Carrying Motor Vehicles

586

Provided, that of the above appropriation relating to Capital Outlay, $839,480 is designated and committed for Fire Marshal renovations at Savannah Regional Hospital ($308,480), Atlanta Regional Hospital ($275,000), and Northwest Regional Hospital ($256,000).

Provided, that of the above appropriation relating to Capital Outlay, $31,500 is designated and committed for the construction of a Maintenance facility at the Georgia Mental Health Institute.

It is the intent of this General Assembly that of the above appropriation relative to Regional Youth Develop ment Centers, $20,000 is for the initial operational costs of a Regional Youth Development Center in DeKalb County.

Provided, that of the above appropriation relating to Community Mental Health Centers, Day Care Centers for the Mentally Retarded and Group Homes for the Mentally Retarded, payments shall be made only to service providers who maintain compliance with the reporting requirements of the Department of Human Resources.

Provided, that of the above appropriation relating to Day Care Centers for the Mentally Retarded, $19,460 is for equipping the Carroll County Center.

Provided, that of the above appropriation relating to Capital Outlay, $810,000 is designated and committed for the construction of a Regional Youth Development Center at Lawrenceville, Georgia.

Provided, that of the above appropriation relating to MR Day Training Contracts in the MH/MR Com munity Services Activity, $5,000 is designated and committed for renovations at the MR Day Training Center of Meriwether County.

TUESDAY, FEBRUARY 28, 1978

1935

Section 28. Department of Industry and Trade.
A. Budget Unit: Department of Industry and Trade -__.______._____.______.__-___-_$

7,261,982

1. Industry Budget:
Personal Services .....................................^ Regular Operating Expenses ,,------...___ $ Travel ...................................... ^ Motor Vehicle Equipment Purchases,.------.? Publications and Printing ..----------____--____--$ Equipment Purchases ...........--._..--...--___--$ Computer Charges ,,_.____--------.__,,__----_----$ Real Estate Rentals ___,,__-____.__________$ Telecommunications ____--_.--_----____.____$ Per Diem, Fees and Contracts _________----.$ Total Funds Budgeted ____________,,________.$ State Funds Budgeted ............................... ..^, Total Positions Budgeted

455,333 15,400 41,500
--0-- 2,000
5,100 --0-- --0-- --0--
12,000 531,333 531,333
24

2. Research Budget:
Personal Services __________________.__________.$ Regular Operating Expenses ______--_____.$ Travel ............................$ Motor Vehicle Equipment Purchases ______$ Publications and Printing ____________.______$ Equipment Purchases ......................................$ Computer Charges ________________________._$ Real Estate Rentals __.__,,.______._____.___-_$ Telecommunications .........................................^ Per Diem, Fees and Contracts ________-___.$ Total Funds Budgeted ___._____.____._______..$ State Funds Budgeted ________._._____________.$ Total Positions Budgeted

250,000 20,550 2,700
--0-- 32,000 925 14,150
--0-- --0--
2,000 322,325 322,325
16

3 Tourism Budget:
Personal Services -____..-__-_-__,,___.___,,._______$ Regular Operating Expenses ___--____--___.$ Travel _______________________________._______$ Motor Vehicle Equipment Purchases --__--.$ Publications and Printing ...............................^ Equipment Purchases _________________.__ $ Computer Charges ___----___--__--__--_-__._? Real Estate Rentals _____.______.__________.$ Telecommunications ____________________.___.$ Per Diem, Fees and Contracts ______________ j Local Welcome Center Contracts _______.___.$ Capital Outlay _________.__________.______.$ Historic Chattahoochee
Commission Contract __--.__--_--______,,$ Total Funds Budgeted ................................^ State Funds Budgeted ............................... ....^, Total Positions Budgeted

1,135,000 277,900 69,000 --0-- 155,400 10,571 7,500 --0-- 5,000 52,200 75,230 61,130
35,000 1,883,931 1,883,931
101

1936

JOURNAL OF THE SENATE,

4. Internal Administration Budget:
Personal Services ......__.._._-...._...-..,,_..,,_..$ Regular Operating Expenses ___..___,,___._.___.___,,_.$ Travel ......... ...^.. .................... $ Motor Vehicle Equipment Purchases _,,.______.$ Publications and Printing ................................I Equipment Purchases ---,,--,,--._--__--_,,.--.---__ $ Computer Charges ,,___,,_,,___,,_______,,___.... ___-__$ Real Estate Rentals ............................ ^ Telecommunications ......................................^ Per Diem, Fees and Contracts .-..._...,,_..,,..__.$ Postage -------_-----------.---------$ Georgia Ports Authority--
Authority Lease Rentals -------------$ Georgia Ports Authority--
General Obligations Bond Payments -_-------.----------------$ Total Funds Budgeted ----------_----------_.$ State Funds Budgeted -_.-------- -- ._$ Total Positions Budgeted

439,702 208,589
17,000 19,500 50,000
1,650 7,500 167,052 90,000 18,000 162,000
2,790,000
500,000 4,470,993 3,180,993
25

5. International Budget:
Personal Services ......................................^ Regular Operating Expenses ----.--------$ Travel ......................................................... ^ Motor Vehicle Equipment Purchases __----.$ Publications and Printing .,,....._...______.__.__.$ Equipment Purchases ____----_------_..,_...$ Computer Charges .....................................^ Real Estate Rentals ----,,----------__--------.$ Telecommunications _--,,.--_.-.--,,--_..--.------. $ Per Diem, Fees and Contracts _._,,_._,,_,,__.__..$ Total Funds Budgeted -..-_....._-...-.,,........_.....$ State Funds Budgeted ..__-_.._-_._....__--.._..,,-$ Total Positions Budgeted

173,000 43,100 40,000 --0-- 12,000 2,350
9,500 29,900 14,000 191,550 515,400 515,400
9

6. Advertising Budget:
Advertising ___...._..._............_...__..,,_..._.....__.._.$ Total Funds Budgeted ..._.....__-.._.-..-.-__..._-..$ State Funds Budgeted ......-....-..._...........,,..._.$ Total Positions Budgeted

828,000 828,000 828,000
0

Budget Unit Object Classes:
Personal Services ______.____,,__.,,_____.,,__.,,__.-$ Regular Operating Expenses _.--..___--_-..,,-$ Travel ...--..-_-..-_.--_.__..-._-._...-._-.$ Motor Vehicle Equipment Purchases _,,.--..,,$ Publications and Printing ___-_,,.______--._--.$ Equipment Purchases _-..-..--.,,--.----_.__..--.$ Computer Charges _,,._..__-.,,._,,-._._-__..,,..-,,_$ Real Estate Rentals .-_._._..._...,,__.-__.__--.$ Telecommunications ._._,,__....__.._...____$

2,453,035 565,539 170,200 19,500 251,400 20,596 38,650 196,952 109,000

TUESDAY, FEBRUARY 28, 1978

1937

Per Diem, Fees and Contracts _....__._....__.....__..$ Postage ................$ Capital Outlay ............. ...................$ Local Welcome Center Contracts _........_...._._,,.$ Advertising ...........................$ Georgia Ports Authority--
Authority Lease Rentals .---...__--.......__,,...._..$ Georgia Ports Authority--
General Obligation Bond Payments .._._..._....,,_....__,,......_....._._........__.....$ Historic Chattahoochee Commission Contract .............$ Total Positions Budgeted Passenger Carrying Motor Vehicles

275,750 162,000 61,130 75,230 828,000
2,790,000
500,000
35,000 175 10

For general administrative cost of operating the Department of Industry and Trade, including advertising expense.
B. Budget Unit: Authorities ______.____,,_.,,__-___________..___$

--0--

1. Georgia World Congress Budget:
Personal Services -.-----,,,,_,,.-.,,$ Regular Operating Expenses .__......._......_._.__.$ Travel ........................ 4 Motor Vehicle Equipment Purchases ,,...___,,..$ Publications and Printing ___.__.,,____.$ Equipment Purchases ............................$ Computer Charges ..............................4 Real Estate Rentals ..........................$ Telecommunications ..............................4 Per Diem, Fees and Contracts ___.____.___..______.__.$ Capital Outlay ..................... .......4 Total Funds Budgeted ..................... ..^ State Funds Budgeted ..................... 4 Total Positions Budgeted

1,836,867 686,380 15,000 --0-- 8,000 50,000 720 --0-- 35,000 102,800 25,000
2,759,767 -- 0-- 106

2. Georgia Ports Authority Budget:
Personal Services ........................ .....$ Regular Operating Expenses
and Computer Charges ...............................^ Travel ............. ....................$ Motor Vehicle Equipment Purchases,
Equipment Purchases and Capital Outlay ......................$ Publications and Printing ..............................$ Repayments for State General Obligation Bonds and Authority Lease Rental Obligations ............................$ Per Diem, Fees and Contracts .......___......__._..$ Other Debt-Service Payments ........................$ Total Funds Budgeted ............... .............$ State Funds Budgeted .............................$ Total Positions Budgeted

12,727,000
5,357,000 330,584
4,578,049 75,000
1,290,000 176,000 679,100
25,212,733 --0-721

1938

JOURNAL OF THE SENATE,

Budget Unit Object Classes:
Personal Services ...___..____..__..__....__-..._....-__..$ Regular Operating Expenses _._,,,,._....,,__.__.$ Travel ___.-___....__....-_...___......_,,.___....__..._....._._..._-.. $ Motor Vehicle Equipment Purchases --.----..$ Publications and Printing ___,,___._,,_____.______,,__.$ Equipment Purchases ,,_.___--_,,_-___--._____,,___--_.$ Computer Charges ..__....__......_,,.._...,,_..,,_.,,_._..$ Real Estate Rentals .._.._...___._..--_.._-...__..__-._.$ Telecommunications -,_.--.__-.....__-___,,_._..._-.,,__.$ Per Diem, Pees and Contracts __.____._,,_.____..__.$ Capital Outlay _..,,,,__,,.___,,,,_.,,.....-__$ Regular Operating Expenses,
Computer Charges _____.,,__._________________..__._____ $ Motor Vehicle Equipment
Purchases, Equipment Purchases and Capital Outlay ___._.____-._____________,,_.____.__.$ Repayments for State General Obligation Bonds and Authority Lease Rental Obligations .____._..__._.____..___.__.$ Other Debt-Service Payments __......__..._....-_..$ Total Positions Budgeted Passenger Carrying Motor Vehicles

14,563,867 686,380 345,584 --0-- 83,000 50,000 720 --0-- 35,000 278,800 25,000
5,357,000
4,578,049
1,290,000 679,100 827 36

It is the intent of this General Assembly that to the extent that gross income from operations exceeds the amount contemplated in this Appropriations Act, such excess may be applied toward the cost of operations, provided that budget amendments reflecting such pro posed applications are provided to the Office of Planning and Budget and the Legislative Budget Office at least two weeks prior to such application of funds.

Section 29. Department of Labor. A. Budget Unit: Inspection Division

526,069

Inspection Division Budget:
Personal Services ............._._....___..,,,,..___..,,....... $ Regular Operating Expenses ....__....__.,,_..._.$ Travel __..,,_.._.___..._..-...__......__...._,,...__.....__....__.....$ Motor Vehicle Equipment Purchases ,,...._.....$ Publications and Printing ..__..-.__.._._--._--.__..$ Equipment Purchases ._,,.,,.-.__..-__-..._.--.,,--,,.--.$ Computer Charges -..--.....--,,.--...____--_--__---$ Real Estate Rentals --...--...--...--....--...--..--.I Telecommunications _........,,,,._,,_..__.__.__,,._.,,....,,$ Per Diem, Fees and Contracts .__-_----_--_,,_.--$ Total Funds Budgeted ..--................--.....-..--I State Funds Budgeted .___._.____.__,,__.,,.__.,,_,,,,.$ Total Positions Budgeted

430,000 10,600 70,000

TUESDAY, FEBRUARY 28, 1978

1939

Budget Unit Object Classes:
Personal Services ,,_--_--______--_______--_----____f Regular Operating Expenses -...__--..__.,,..__.....$ Travel --___._--------._--______--___.--__-_____--_____--__.$ Motor Vehicle Equipment Purchases __--_--.$ Publications and Printing ___._--___----__--_--_,,__$ Equipment Purchases --.._----__----__----__------_$ Computer Charges __--_----__--_____--____--______.__,,$ Real Estate Rentals -.-.--. ,,.._--$ Telecommunications --_._----___.--____.----__----___-$ Per Diem, Fees and Contracts --_._----__------.$ Total Positions Budgeted

430,000 10,600 70,000
--0-- 1,500
--0-- --0--
7,969 5,000 1,000
28

E. Budget Unit: Basic Employment, Work Incentive, Correctional Services, Comprehensive Employment and Training, and Unemployment Compensation Reserve Fund __.__- $

2,380,071

1. Basic Employment Security and W.I.N. Budget:
Personal Services ___----__.----_.--._----.__----__--.$ Regular Operating Expenses ----_.----------$ Travel ...............$ Motor Vehicle Equipment Purchases _....__.....$ Publications and Printing __...___........_....__......__.$ Equipment Purchases ------__----..----._----__.$ Computer Charges _----__.--__----__.----__----_.--_$ Real Estate Rentals -._.--_----_----.._----.._----.$ Telecommunications ----_--___--____--____--_.___.$ Per Diem, Fees and Contracts --__.----_----_...$ W.I.N. Grants -_..._...-------$ Total Funds Budgeted ___--_,,._----._----.__----$ State Funds Budgeted __----__----___.-_,,_.----_.$ Total Positions Budgeted

26,353,308 3,316,506 670,000 --0-- 21,000 215,000 5,340 1,227,902 676,000 3,476,000 1,000,000 36,961,056 1,310,041 1,632

2. Comprehensive Employment and Training Act (CETA) Budget:
Personal Services --.----.__--_------___--..___._----_$ Regular Operating Expenses ----_----.__----$ Travel _----._----_----.----,,__--___.._----_.,,.._------$ Motor Vehicle Equipment Purchases------$ Publications and Printing _--___----__----__.----.$ Equipment Purchases ......_.__--_.__--____.__.___--....$ Computer Charges _.__----_----,,__----_----___--__$ Real Estate Rentals ------___----_----___----__._.$ Telecommunications -..._....____...--._,,_..__._..--._..$
Per Diem, Fees and Contracts (CETA) ._.._.. $
CETA Direct Benefits .,,._......__......__.,,...._.._...$
Total Funds Budgeted ..--__....--_.....--.,,..----.$ State Funds Budgeted ....___,,...--_......__........ $
Total Positions Budgeted

7,781,447 2,018,831
350,000 --0--
15,000 75,000 1,471 86,484
150,000
2,030,000
80,000,000
92,508,233
--0--
450

1940

JOURNAL OF THE SENATE,

3. Correctional Services Budget:
Personal Services ......................... ........^, Regular Operating Expenses _.......--_--.----_$ Travel ........................... .^ Motor Vehicle Equipment Purchases __,,____,,_$ Publications and Printing ...............................^ Equipment Purchases .................,...-. .^ Computer Charges _...__....... _....__ ._.-.$ Real Estate Rentals ................... ..^ Telecommunications ._._..._..__.__-..__.._. _._..-- $ Per Diem, Fees and Contracts ....................... ^ Total Funds Budgeted ._..._.._-..__..__._-._-._-_-..$ State Funds Budgeted ...................................^ Total Positions Budgeted

937,684 24,846 29,000 --0-- --0-- --0--
189 27,511 16,600 34,200 1,070,030 1,070,030
62

Budget Unit Object Classes:
Personal Services ...............,.............................^ Regular Operating Expense .,,__..________._._.._..._..$ Travel ................ ^ Motor Vehicle Equipment Purchases ..__.._.._..$ Publications and Printing _,,_,,_____..__.__.___._.,,___.$ Equipment Purchases ....................................... ^ Computer Charges ...........................................4 Real Estate Rentals ........................................$ Telecommunications ...__..___._..._--.--$ Per Diem, Fees and Contracts (CETA) ..___.$ Per Diem, Fees and Contracts ........................$ W.I.N. Grants .........................$ CETA Direct Benefits ....................................^ Total Positions Budgeted Passenger Carrying Motor Vehicles

35,072,439 5,360,183 1,049,000 --0-- 36,000 290,000 7,000 1,341,897 842,600 2,030,000 3,510,200 1,000,000
80,000,000 2,144 0

Section 30. Department of Law. Budget Unit: Department of Law ___,,_.__,,_,,___$

2,694,820

Attorney General's Office Budget:
Personal Services ............................$ Regular Operating Expenses ,,__._----___._--.$ Travel ........................ ..^ Motor Vehicle Equipment Purchases .,,,,,,.,,.? Publications and Printing ................... 4 Equipment Purchases ...................................4 Computer Charges ................................^ Books for State Library ..................................^ Real Estate Rentals ........... ...^................^ Telecommunications .................................... ^ Per Diem, Fees and Contracts .....-.._.._.,,.._...$ Capital Outlay .................^............................^ Total Funds Budgeted .......................... .....^, State Funds Budgeted .......................... ....^,
Total Positions Budgeted

2,447,000 149,800 70,000 --O1-- 27,000 17,020 200
39,000
--0--
60,000
30,000
--0--
2,840,020
2,694,820
109

TUESDAY, FEBRUARY 28, 1978

1941

Budget Unit Object Classes:
Personal Services _..._-......_.....,,....._-...._.......-_...$ Regular Operating Expenses _------___,,--_----$ Travel ,,._.____.___,,._.,,_______._____,,____________,,__.____.$ Motor Vehicle Equipment Purchases .....__.--.$ Publications and Printing ......_......__.,,...__......__.$ Equipment Purchases __-.....___..--_..._-_-...--__.....$ Computer Charges __...._._.....____...._._...,,_......_..._.$ Real Estate Rentals _...._-.....-___....._......__......__.$ Telecommunications ,,_____----_------.--___.----.---$ Per Diem, Fees and Contracts __.__..________._______.$ Books for State Library __......._.__-...-_......__......__.$ Capital Outlay -...._-_.-..._._.....-__-...._-..-___......? Total Positions Budgeted Passenger Carrying Motor Vehicles

2,447,000 149,800 70,000 --0-- 27,000 17,020 200 --0-- 60,000 30,000 39,000 --0-- 109 1

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.

Provided, however, that of the above appropriation relative to regular operating expenses, $38,000 is des ignated and committed for Court Reporter Fees.

Section 31. Department of Medical Assistance.
Budget Unit: Medicaid Services .._._....___....___._..$ 132,546,852

1. Commissioner's Office Budget:
Personal Services ..____....___._-___...-._____.___.....___...$ Regular Operating Expenses --.____.....__--..--$ Travel ..................................................................I Motor Vehicle Equipment Purchases ___._.,,__..$ Publications and Printing ,,,,__...._.._,,..,,._,,..____.$ Equipment Purchases ----------------$ Computer Charges .... ...--_.....__...,,.__......_.._.$ Real Estate Rentals ...._.......,,...._......._.-..._-,,...._.$ Telecommunications ..----.--,,.--_,,--._----------$ Per Diem, Fees and Contracts ....__,,..._._.......__.$ Total Funds Budgeted _.....__..-.__...-_._....__.__-.....$ State Funds Budgeted ...._._.,,..__...__....,,_........._....$ Total Positions Budgeted

414,765 49,455 40,300
--0-- 532
1,760 --0--
28,100 10,400 62,500 607,812 220,878
22

1942

JOURNAL OP THE SENATE,

2. Administration Budget:

Personal Services ----------------------------$

Regular Operating Expenses --------------$

Travel .

.

-- . ..-..$

Motor Vehicle Equipment Purchases ------_ $

Publications and Printing ------------------$

Equipment Purchases --------------------------$

Computer Charges ---- ------------------$

Real Estate Rentals --------------------------$

Telcommunications ---------------------$

Per Diem, Fees and Contracts --.------------ $

Total Funds Budgeted ------------------------$

State Funds Budgeted -------------$

Total Positions Budgeted

673,702 119,739
4,600 --0--
10,500 9,660 --0-- 66,500 26,600 250,000 1,161,301 522,101
52

3. Program Management Budget:
Personal Services ----------------------------$ Regular Operating Expenses ..__.----------$ Travel ... ... ------ ------------$ Motor Vehicle Equipment Purchases ------ $ Publications and Printing ---------------- -- $ Equipment Purchases ------------------------ $ Computer Charges ----------------------$ Real Estate Rentals --------------------------$ Telecommunications _------------------------$ Per Diem, Fees and Contracts --------------$ Contracts for Hospital Audits ----------------$ Contracts for Nursing Home
and Dental Audits _------------------------$ Contract with Georgia Medical
Care Foundation --------------------------$ Total Funds Budgeted ------------------------ $ State Funds Budgeted .----..---------------- $ Total Positions Budgeted

679,000 146,800
4,900 --0'--
30,000 10,300 --0-- 46,500 21,900 80,000 185,000
600,000
1,300,000 3,104,400 1,441,500
47

4. Operations Budget:
Personal Services ------------------------$ Regular Operating Expenses --------------$ Travel _----------------------------$ Motor Vehicle Equipment Purchases ------$ Publications and Printing -----------------$ Equipment Purchases ----------...------------$ Computer Charges ---------------------------- $ Real Estate Rentals ----------------------$ Telecommunications --------------------------$ Per Diem, Fees and Contracts __..,,_......__.....__..$ Total Funds Budgeted ------------------------$ Indirect DOAS Services Funding __------ $ Agency Funds .,,._...,,_-_.,,.,,_..,,._..,,.....,,.__-...$ State Funds Budgeted -_----------------------$ Total Positions Budgeted

1,560,000 526,500 2,100 --0-- 15,200 26,600
6,871,000 88,400 57,900
--0-- 9,147,700
--0-- 6,896,699 2,251,001
124

TUESDAY, FEBRUARY 28, 1978

1943

5. Benefits Payments Budget:

Medicaid Benefits _-___-..___..____.__.__.__________._______.$ 394,583,629

Payments to Counties

for Mental Health ,,__.__.___________._____,,__________...$ 4,000,000

Adult Emergency Dental Services _.__,,__.._____.$ 3,300,000

Total Funds Budgeted .._....._....__...._._-..____....__.$ 401,883,629

State Funds Budgeted ....... ..,,_,,..$ 128,111,372

Total Positions Budgeted

0

Budget Unit Object Classes:

Personal Services ...........,,..._....$ 3,327,467

Regular Operating Expenses -___,,_____._-__,,___--$ 842,494

Travel .._....._______..__$

51,900

Motor Vehicle Equipment Purchases ,,_._,,.__.$ --0--

Publications and Printing _______.___,,___,,.______._,,$

56,232

Equipment Purchases _...-__.,,.-__..-.,,.-_,,..._.--__-$

48,320

Computer Charges ,,._.._.,,._.._....._.,,....._.$ 6,871,000

Real Estate Rentals .._,,...,,..-__.-.._..-_.....,,....._$ 229,500

Telecommunications ._...__,,-_..-..._-.._,,__.._..-$ 116,800

Per Diem, Fees and Contracts ____.___.._____._______-$ 392,500

Medicaid Benefits ........._......_._-__.....$ 394,583,629

Payments to Counties for

Mental Health ._,,..__._..________.__........_.$ 4,000,000

Adult Emergency Dental Services ,,_..___....__.$ 3,300,000

Contracts for Hospital Audits ._._.______._______.__,,$ 185,000

Contracts for Nursing Home

and Dental Audits ._..........__.._.$ 600,000

Contract with Georgia

Medical Care Foundation ___.___...._._.__.,,..__..$ 1,300,000

Total Positions Budgeted

245

Passenger Carrying Motor Vehicles

5

It is the intent of this General Assembly that with regard to the above appropriation for Adult Emergency Dental Services, treatment of mandibular and maxillary fractures and dislocations be among the services con templated in this appropriation, but that payment for restorative dental services and orthodontic services shall not generally be made from this appropriation.

Section 32. Merit System of Personnel Administration
Budget Unit: Merit System of Personnel Administration Agency Assessments ,,_,,..._...,,_...,,_...

..$ 2,907,364

1. Applicant Services Budget:
Personal Services ___..._......__.-,,..-__.-..--.$ Regular Operating Expenses ._..,,...__.._..,,-._..$ Travel __..............._..___..$ Motor Vehicle Equipment Purchases ___.__--..$ Publications and Printing __...,,_.______,,_.__.,,_.___$

563,580 15,500 4,100
--0-- 35,300

1944

JOURNAL OF THE SENATE,

Equipment Purchases ._...__.-__.-.._...,,__..--..,,--.$ Computer Charges ._.........-_....-.-._......._.,,..,,.$ Real Estate Rentals .,,..,,._,,...._...,,.._..._.._....$ Telecommunications --_--_--,,------_--,,-----_.--$ Per Diem, Fees and Contracts ....,,..-..,,-___.._-.$ Postage ------ --- --- -----$ Total Funds Budgeted ._----_-------------$ Agency Assessments -- --_----------------$ Total Positions Budgeted

5,100 247,000
1,650 9,300 20,000 33,500 935,030 935,030
39

2. Classification and Compensation Budget:
Personal Services _-_----------------$ Regular Operating Expenses _------------$ Travel ___----_...__..___.___-__,,.______.__-.__.____-__-._-_-.$ Motor Vehicle Equipment Purchases ._.._.,,--$ Publications and Printing .._...___...__...,,.._.._,,__.$ Equipment Purchases ----------------__-$ Computer Charges ---------------------$ Real Estate Rentals ---.-- -.--------..-.$ Telecommunications ----------_----------$ Per Diem, Fees and Contracts ------------$ Postage ._--------.---------------------.$ Total Funds Budgeted ------------------------$ Agency Assessments -- -- -------,,------$ Total Positions Budgeted

351,000 4,490 3,500
--0-- 9,270 1,400
85,600 --0--
5,100 5,000 2,200 467,560 467,560
22,

3. Employee Services Budget:
Personal Services _--------_---------------.$ Regular Operating Expenses ._ ------.,,--_--$ Travel -- _-.._. -._---------$ Motor Vehicle Equipment Purchases ----,, $ Publications and Printing __...__..,,.,,_...-..._..,,..$ Equipment Purchases ....,,.._...,,_.._..._._,,_.._....$ Computer Charges ,,__..._....___._..._,,.._...,,-..._..._..$ Real Estate Rentals -_-..._...,_..-..._-..._..,,.,,--..$ Telecommunications __.,,_..,,-.._--._.-..--__--_---,,..$ Per Diem, Fees and Contracts __.--_..--._...._--. $ Postage ..__-..,,._,,.....-...,,._,,..__.,,...-..._..-._..,,...$ Total Funds Budgeted _...._..._.-.._.._-.,,...-__.$ Agency Assessments .,,._._,,..._..__.,_..-_--.,,..--.$ Total Positions Budgeted

291,000 11,610 2,800
--0-- 12,600 1,080 121,000
--0-- 4,200
--0-- 1,200
445,490 437,140
21

4. Employee Training and Development Budget:
Personal Services _____._._______________,,.._____,,____._,,___$ Regular Operating Expenses _,,_.,,--__----,,--$ Travel .................. ^ Motor Vehicle Equipment Purchases __,,____.___$ Publications and Printing .,,..._..,,....,,..._....-...$ Equipment Purchases ....,,..__,,._..........,,..,,..._..._.$ Computer Charges _-...__......_.__..,,..._-...,,..._...._..$ Real Estate Rentals ....-..._..._..._...-........_...-$ Telecommunications -,,--._-,,-.--._---.--..--_-$

281,879
10,520 9,800
--0-- 8,520 2,900 1,000
--0-- 5,850

TUESDAY, FEBRUARY 28, 1978

1945

Per Diem, Fees and Contracts ......__....__..___....$ Postage .-..-__......-_._-.._-._.._........._.....-..........,,.__..$ Total Funds Budgeted .__,,_.,,_.-__.__,,_.__._____________$ Agency Assessments --_.__.-___._...._,,--._--.,,__.-.,,.$ Total Positions Budgeted

88,500 3,200
412,169 357,169
17

5. Health Insurance Administration Budget:

Personal Services ................................................if

Regular Operating Expenses .____...__,,...___,,...$

Travel ---_.____.._

$

Motor Vehicle Equipment Purchases __...,,.__.$

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

Equipment Purchases ,,------------_----_,,----$

Computer Charges ..__.....__...,,_............._......_.__...$

Real Estate Rentals __....__-...._-..-.__....,,__..--.__.$

Telecommunications _,,.-,,._-.__.--._,,.,,_,,.--_--..$

Per Diem, Fees and Contracts _..._.._.....__._...__.?

Postage .-_-....__-...___-...._-....._...-._.-.-.-._......-.....-.....$

Total Funds Budgeted .__..,,..___....___....-__.,,.__._......$

Other Health Insurance

Agency Funds ................................................I

Employer and Employee

Contributions ,,..___.....___...____...__.....,,_.....___..._. $

Total Positions Budgeted

209,000 5,200 1,000
--0-- 3,900 1,920 10,350 17,100 11,800
1,112,600 14,000
1,386,870
150,000
1,236,870 14

6. Health Insurance Claims Budget:
Personal Services --___...-_._..,,...-._..-_...,,.__...-..$ Regular Operating Expenses ____--___,,._.__,,,,.$ Travel ___.-_.___.________,,______._______._____,,__._,,_____,,___$ Motor Vehicle Equipment Purchases ,,--.__..$ Publications and Printing ................................I Equipment Purchases _...._....,,___..,,__...___,,..._..$ Computer Charges .._...,,___,,...__,,-.__.-..__.,,-.-__---.$ Real Estate Rentals _..._._.....___..___.....__.....___..,,._.$ Telecommunications .__--..._--_,,-.._.--__,,..-_.--.$ Per Diem, Fees and Contracts _..----...----.--.$ Postage .__._..-__.-.-_._-....__....-_....-.__...__._,,..___.-..._..-... $ Health Insurance Claims __...,,.__,,.._......____....__.$ Total Funds Budgeted __...._......_......__......___.....$ Other Health Insurance
Agency Funds ................................................I Employer and Employee
Contributions ....-_...._._............__...-__,,.,,.___.._.. $ Total Positions Budgeted

--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- 35,469,000 35,469,000
4,800,010
30,668,990 0

7. Internal Administration Budget:
Personal Services ______.____.______._____.______.___________.__$ Regular Operating Expenses .-_.__..-_,,-..._..,,..$ Travel ...............$ Motor Vehicle Equipment Purchases _.______,,_.$ Publications and Printing _...._......___...,,._._..,,..$ Equipment Purchases _..-_...-_._.,,-,,......__......,,.,,..$

282,922 8,410
1,500 --0--
5,320 16,850

1946

JOURNAL OP THE SENATE,

Computer Charges .....-____..__-._._...,,....._....._..._.$ Real Estate Rentals ..__...._....._...,,._...._...__..,,..$ Telecommunications ---__,,__----..-.__--_.__.._---$ Per Diem, Pees and Contracts _,,..__...,_..-._...-_.$ Postage _---------,,-,,---,,-,,--$ Federal Sub-grants to
State and Local Agencies ....._...._...__...__.._..$ Total Funds Budgeted ,,___.-____.._____,,,,_,,._.__,,...$ Agency Assessments ,,.-----,,-,,---_----_--.--__$ Employer and Employee Contributions .__..._.$ Total Positions Budgeted

132,840 --0--
4,200 2,700 1,140
283,640 739,522 388,552 34,370
20

8. Commissioner's Office Budget:
Personal Services ._.__,,.___...,,...,,_._..._...._...._._.$ Regular Operating Expenses .-....__-..--..-..._--..$ Travel -.-----------$ Motor Vehicle Equipment Purchases .--..,,...$ Publications and Printing .,,__..__,,_,,..__-_,,...__.$ Equipment Purchases ..,,_--.__.._._-...,,-.._-.-..--_..$ Computer Charges ,,..,,_--.--.._--,,--,,----.._----$ Real Estate Rentals __.____-__________.__,,__,,._-_-.__.$ Telecommunications ,,.,,--._,,-...,,..._..._--_..._-.$ Per Diem, Fees and Contracts -. -- --.-- -- $ Postage _,,___-_--._____,,--______.__-____.__-__.____-..,,-___$ Total Funds Budgeted _____,,__,,____,,______.,,____.$ Agency Assessments .__--____-__.__,,--___.._--_____$ Total Positions Budgeted

295,311 9,300 10,300
--0-- 6,600 780
--0-- --0--
5,300 60,000
3,300 390,891 321,913
15

Budget Unit Object Classes:
Personal Services -.....................-.-......-.-...--....I Regular Operating Expenses --.--------_,,_,,.$ Travel __.-.-_-.--._.--,,--._._,,....-_---.--_.--._--$ Motor Vehicle Equipment Purchases .___---_,,.$ Publications and Printing ...._..._...,,_...,,..........$ Equipment Purchases _____.___________.___,,______._.$ Computer Charges ,,_-.,,__-..._-...--..,,...__....._...._.? Real Estate Rentals ._......_..,,__.....-...-...._....-.,,..$ Telecommunications .__.,,_..._....._...__..,,-..,,-...__.$ Per Diem, Fees and Contracts _._....._....__....,,..$ Postage ..._-..._...._,,.._..,,_..-._,,...._........-_....-_....$ Federal Sub-grants to
State and Local Agencies ___-_,,_.__-._,,....__-.$ Health Insurance Claim Payments .__..___--__--$ Total Positions Budgeted Passenger Carrying Motor Vehicles

2,274,692 65,030 33,000
--0-- 81,510 30,030 597,790 18,750 45,750
1,288,800 58,540
283,640 35,469,000
148 0

Section 33. Department of Natural Resources.
A. Budget Unit: Department of Natural Resources ...--...,,--...,,......_....._.._.

..$ 37,284,395

TUESDAY, FEBRUARY 28, 1978

1947

1. Internal Administration Budget:
Personal Services _______.___,,_._._-__.____,,___,,________._$ Regular Operating Expenses __...__,,__.__._...__..$ Travel ,,.._....___._.__..__..._.._.__..-_...._,,..,,..,,..._...__. $ Motor Vehicle Equipment Purchases _-..._...._.$ Publications and Printing ..............................if Equipment Purchases --..__--..--.._..--..._--.,,_._-$ Computer Charges -.._....._-..._....__..__..._...--..,,.$ Real Estate Rentals ___.______.______..____,,.__._._,,____.$ Telecommunications _-----_----_----_--__--.._--.$ Per Diem, Pees and Contracts ___.,,_,,-._.___.-__-$ Grants to the City of Atlanta -_..-__.__....._....__.$ Total Funds Budgeted .._....._....._...._...._-..._,,.._.$ State Funds Budgeted ._...__..._.....,,........_.....,,....$ Total Positions Budgeted

1,309,000 275,700 19,000 --0-- 140,000 10,500 132,700 21,000 46,200 34,000
1,500,000 3,488,100 3,488,100
85

2. Information and Education Budget:
Personal Services __...___,,_._,,___.__.______._.____..__-___.$ Regular Operating Expenses _...__...__...__...._. $ Travel ..............$ Motor Vehicle Equipment Purchases ,,___.______.$ Publications and Printing ______._._____._._.._____.____.$ Equipment Purchases __..___.-.-...__..._.__-...._-.-_.$ Computer Charges ....,,.,,.....,,..__..._.,,.......__..._.$ Real Estate Rentals ...,,_.,,..._-.-_...___.._-..._-...$ Telecommunications ,,__--_----__--_--,,_---___--___$ Per Diem, Fees and Contracts ___.___,,____._________$ Capital Outlay-Repairs and
Maintenance ,,__,,__ ,,,,__.__.,,____,,__._._$ Total Funds Budgeted _-..-_-..._...-__-_...._...._-......$ State Funds Budgeted ...... ,,.._,,._ __._...$ Total Positions Budgeted

502,000 97,960 15,000 23,800 315,000 33,000 1,820 --0-- 28,;000 8,900
12,500 1,037,980
888,980 35

3. Planning and Research Budget:
Personal Services ... ....--. ... ..... ......$ Regular Operating Expenses -_--,,--_--_.--_.--$ Travel .,,...-...-..-.._...._-..._......-..._-..._..-,,.....-..,,..._,,.. $ Motor Vehicle Equipment Purchases ,,_--_.--$ Publications and Printing ....,,..,,..._...._..___...__.$ Equipment Purchases _.___-..-__..-__.-.__..__..._.--_,,..$ Computer Charges .__..._....-._...__...,,.,,...,,._...._.,,_.$ Real Estate Rentals .....................,,...,,....,,..,,_.? Telecommunications ._.--__--._--_-.._..-_.-_..._,,_ $ Per Diem, Fees and Contracts .__..._-..__...._...__.$
Land and Water Conservation Grants ._..__.$
Recreation Grants ,,_.._-._...__...-__.,,..._...__.._._..$
Youth Conservation Corps Grants __.._.--_.....$
Capital Outlay-Heritage Trust .._._..._.._...,,.._.$
Contract-Special Olympics, Inc. .._.........-_..._.$
Total Funds Budgeted .................$
State Funds Budgeted ....__....__,,..__..._....._._..$
Total Positions Budgeted

1,138,133 76,500 50,900
--0-- 40,100 3,060 57,846 --0-- 41,300 131,500
8,500,000
200,000
100,000
823,000
63,000
11,225,339
2,241,377
60

1948

JOURNAL OP THE SENATE,

4. G'artTe arid'Fish Kudget:

Personal Services ........................................^ Regular Operating Expenses --.-------------$ Travel ................................ .......^ 4 Motor Vehicle Equipment Purchases __..._,,_.$
Publications and Printing _-..__...___.__....,,-.......$ Equipment Purchases .....................................4 Computer Charges .... -..--.$ Real Estate Rentals ........................................^ Telecommunications .................... ....^ Per Diem, Fees and Contracts ....................... i Capital Outlay-Hatchery Renovation _,,__,,__,,_$
Capital Outlay-Repairs and Maintenance ....................... ...^
Capital Outlay ___..__.______.-_.____._,,..__..,,.._---_---_-$ Total Funds Budgeted ....................................^ State Funds Budgeted ...................................^
Total Positions Budgeted

5. State Parks and Historic
Sites Operations Budget: Personal Services ........................... $ Regular Operating Expenses ....................--.....^ Travel .............................. ^ Motor Vehicle Equipment Purchases -__--_.--$ Publications and Printing ................................$ Equipment Purchases ...............................^ Computer Charges ___..._....._.__.__-..,,.._.__--,,.._.$ Real Estate Rentals _..._...._...._...-..-.._.._....-$ Telecommunications --_-_,,------_--,,__--.-----_ $ Per Diem, Fees and Contracts ..._....._.._..__..__..$ 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

6. Geologic and Water Resources

Research Budget:

Personal Services ...................... ..^

Regular Operating Expenses .....................-.-^

Travel

............ ^

Motor Vehicle Equipment Purchases .___.__..._.$

Publications and Printing __...__.-_._.___.____,,__._-$ Equipment Purchases ......................................^

Computer Charges -...___.__...._......_._--...,,_..--.--..$

Real Estate Rentals ................... ^ Telecommunications ...............................^

Per Diem, Fees and Contracts ....................... ^,

Contract with U.S. Geological

Survey for Ground Water Resources Survey ..................... ..^

7,385,502 2,131,202
99,698 512,870 36,400 427,132
32,250 2,649 144,100 74,100 122,000
68,500 205,491 11,241,894 9,022,732
463
4,779,391 2,517,400
61,300 180,400 48,800 195,800 --0--
7,150 145,700 60,300 361,000
600,000 200,000 600,000 2,533,000 12,290,241 9,450,241
348
696,690 122,174 45,400 28,000 27,500 21,200 --0--
1,200 12,040 221,500
184,125

TUESDAY, FEBRUARY 28, 1978

1949

Topographic Mapping United States Geological Survey -______.___.___.___.__._.__.$
Capital Outlay ..,,__...._____.__.___,,..__..._.._.___._.___.____.$ Total Funds Budgeted ._-_.._.-_...._..._____.....__._.__.$ State Funds Budgeted ..._.__.-..___...______.__.___.__...$
Total Positions Budgeted

375,000 22,000 1,756,829 1,460,829
40

7. Environmental Protection Budget:
Personal Services .__.._____...__________.._____.._______.____..$ Regular Operating Expenses ____.._____...__.___.___. $ Travel ......_..__.._..._........$ Motor Vehicle Equipment Purchases _______.___.$ Publications and Printing _.__.._.___.____.__._______.__._$ Equipment Purchases ___._.___._____.__.________.___...____..$ Computer Charges ............ $ Real Estate Rentals .........................................I Telecommunications ._____.____..______.____.___._______..___$. Per Diem, Fees and Contracts ___.___..______.___.___.$ Solid Waste Grants .... -- .......$ Water and Sewer Grants ..____..__._,,____...______.___.$ Total Funds Budgeted _.--___..-__..._.__..______..__...._$ State Funds Budgeted _-_.._____..____...____..____._.___.$ Total Positions Budgeted

5,542,214 309,534 216,900 52,000 50,000 44,000 210,000 62,388 102,000 468,000 500,000
5,000,000 12,557,036 9,937,036
296

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

499,500
15,600 515,100 515,100
0

9. Jekyll Island State Park Authority Budget:
Payments to Jekyll Island State Park Authority for Operations _-.___..
Payments to Jekyll Island State Park Authority for Capital Outlay .........
Total Funds Budgeted ............................. State Funds Budgeted _........._......... ...... Total Positions Budgeted

130,000
150,000 280,000 280,000
0

Budget Unit Object Classes:

Personal Services ...._........._......._........__...._......... $

Regular Operating Expenses __.._.___________._____._,,.$

Travel

..-.--.,,--.$

Motor Vehicle Equipment Purchases ___....___....$

Publications and Printing ,,________...__...__.__....._..__.$

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

21,352,930 5,530,470 508,198 797,070 657,800 734,692

1950

JOURNAL OF THE SENATE,

Computer Charges ,,___-.___-__._,,___.______._____.______..$ Real Estate Rentals _._.__.__..___.._____.___._,,____.____.__ $ Telecommunications .._--..--.._--..--,,--.----,,---.$ Per Diem, Fees and Contracts ......,,._......_.._.... $ Land and Water Conservation Grants ......_.$ Recreation Grants ._._...__-.._-_-..._......__...._....._.....$ Youth Conservation Corps 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 _,,____.__._.___..___.$ Capital Outlay--Hatchery Renovation _____.___.$ Capital Outlay .__._-...._..._....-._.._.........._....._-__- $ Capital Outlay--Repairs
and Maintenance ,,........__........__.....,,..._....._..._.$ Capital Outlay--Shop Stock _____.____._,,___.___.___.$ Capital Outlay--Heritage Trust .._....._........___$ Authority Lease Rentals .......,,_... .,,.....-$ Cost of Material for Resale ,,_-_.,,___._ $ Payments to Lake Lanier Islands
Development Authority for Operations _...$ Payments to Lake Lanier Islands
Development Authority for Capital Outlay ._-...........__,,....,,...._..,,......_._...-,,_...__..$ Payments to Jekyll Island State Park Authority for Operations ....__...__--........_-..._.$ Payments to Jekyll Island State Park Authority for Capital Outlay ...,,......_..._...__. $ Grants to the City of Atlanta __.__..___._____.-_.._.$ Contract--Special Olympics, Inc. __.......--.....$ Total Positions Budgeted Passenger Carrying Motor Vehicles

43'4,616 94,387 519,340 998,300 8,500,000 200,000 100,000 5,000,000 500,000
184,125
375,000 122,000 588,491
681,000 200,000 823,000 2,533,000 600,000
499,500
15,600
130,000
150,000 1,500,000
63,000 1,327 982

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 appropriaton for Water and Sewer Grants shall be allotted to any county or municipality unless such county or municipality shall have reached its legally established bonding capacity. Provided, further, that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
Provided, that to the extent State Parks and His toric Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Department of Natural Resources is authorized and directed to use the excess receipts for repairs and maintenance of State Parks and Historic Sites facilities.

TUESDAY, FEBRUARY 28, 1978
Provided, that of the above appropriation, $63,000 is designated and committed for matching a minimum of $63,000 from other sources for the Georgia Special Olympics Program.
Provided, that in the above appropriation, State Parks and Historic Sites is directed to convert two (2) temporary positions to permanent status at Vogel State Park.
Provided, however, that of the above appropriation relating to Grants to the City of Atlanta, it is the intent of this General Assembly that no more than 20% of the cost of restoring the Cyclorama, including relocation thereof, be paid from this appropriation, and that the Department of National Resources establish necessary controls and take such additional action as is necessary to insure compliance with this provision.
Provided, further, that schoolchildren in scheduled and supervised groups shall not be required to pay any admission fee to tour the Cyclorama.
Provided, that of the above appropriation relative to Water and Sewer Grants, $5,000,000 is designated and committed for grants to local governments for water and sewer projects, providing that the State grant is for a maximum of 50% of the total cost of the project.
Provided, that of the above appropriation relative to Capital Outlay $35,000 is designated and committed for a group shelter at Georgia L. Smith State Park.
Provided, that of the above appropriation relative to Per Diem, Fees and Contracts, $10,000 is designated and committed for a consulting engineer to study Silver Lake Dam. Provided, further, that none of the above $10,000 shall be paid or encumbered prior to the acqui sition of Silver Lake Dam by DeKalb County.
Provided, that of the above appropriation relative to State Parks and Historic Sites, $7,500 is designated and committed for a feasibility study for a dam at Tired Creek.
B. Budget Unit: Authorities ,,-......__.--.....--......--___.$
1. Lake Lanier Islands Development Authority Budget:
Personal Services .._....................._,,._._.....__..........$ Regular Operating Expenses ...._..............__.....$ Travel ....--...--._.--....---_,_-..----$

1951
--0-- 737,000 208,500
4,000

1952

JOURNAL OP THE SENATE,

Motor Vehicle Equipment Purchases ......_...--.$ Publications and Printing .................................^ Equipment PurchaseS-__-___..____^._.____.__.___.___.__$ Computer Charges -___-___..--________..._..._____,,_____--.$ Real Estate Rentals ................-....__.._....__..,,...._ $ Telecommunications .................................... ^ Per Diem, Fees and Contracts __......__....,,..._.._..$ Capital Outlay ...................................^ Promotion Expenses ___,,-_ .........................$ Total Funds Budgeted __.__,,__.___,,_,,.__..,,____..______..$ State Funds Budgeted .._-._._-......_-...-.....__...._...$ Total Positions Budgeted

12,500 75,000 10,500 --0-- --0-- 14,000 38,000 31,260 --0-- 1,130,700 --0--
53

2. Jekyll Island State Park Authority Budget:
Personal Services __..__,,___.__,____.__.,,_.__..,,_.__,____.__..$ Regular Operating Expenses .................--^ Travel ........................... ..^ Motor Vehicle Equipment Purchases ..._.----..$ Publications and Printing ._...._.........__...._.___.....$ Equipment Purchases .._.._-._....-......__-_.-..._._..__..$ Computer Charges __-.._......__..-_-.__......_...............$ Real Estate Rentals ........_.._...._...__.,,...,,.._,,..__.$ Telecommunications .................... ....^ Per Diem, Fees and Contracts .......................^ Mortgage Payments, ............... $ Capital Outlay ...........................^ Promotion Expenses ......--------..----$ Total Funds Budgeted __.._._-_....._...._......_......_...$
Payments from the Department of Natural Resources __...__._....,,.,,_-,,_....._..__--..$
Other Funds .......................... ^
Total Positions Budgeted

1,994,365 1,080,700
10,000 --0--
40,000 80,000 8,500 --0-- 22,000 75,000 150,300 150,000 --0-- 3,610,865
280,000
3,330,865
220

Budget Unit Object Classes:

Personal Services . .^......................^

Regular Operating Expenses ._........___._......_......$

Travel ._..._ ._..., ...... ...,,.,,._.,,...$

Motor Vehicle Equipment Purchases ...... $

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

Equipment

........................... ...^

Computer Charges ..-.._.....,,...._...-....._-._....._.--__.$

Real Estate Rentals .......................... ..^.

Telecommunications .............................. ^

Per Diem, Fees and Contracts __,,_..___..___.__.___ $

Capital Outlay .................%

Promotion Expense ._.,,..-,,.,,..-..--.--.._--_----__.$

Mortgage Payments ........................... ...^

Total Positions Budgeted

Passenger Carrying Motor Vehicles

2,731,365 1,289,200
14,000 12,500 115,000 90,500 8,500 --0-- 36,000 113,000 181,200 --0-- 150,300
273 91

TUESDAY, FEBRUARY 28, 1978

1953

Section 34. Department of Offender Rehabilitation.
A. Budget Unit: Department of Offender Rehabilitation _.-_._..___ ..... ___.__$

64,726,646

1. General Administration and Support Budget:
Personal Services .___._-,,____.__.._.________.______._____$ Regular Operating Expenses -__-____--______.__--_.$ Travel ...... .__._-_._.-__.____._.___._.__.._......_.$ Motor Vehicle Equipment Purchases _.--_--_.$ Publications and Printing ..........__.___.._-.....___$ Equipment Purchases ---..._..--_-___--...__--__.$ Computer Charges ........._._.._........._.....,,......._$ Real Estate Rentals ____-_....__._-__._.____._..._.______..$ Telecommunications --..--.-.--.-_.....-...-..--..-..-..$ Per Diem, Fees and Contracts ..........._..,,......_$ Utilities ..._...--....-.--...--....--........--._...._--.,,....$ Total Funds Budgeted _______.._..._._....__..._._..._...__..$ State Funds Budgeted ._.-.__...._._.__-._.._..._.__...$ Total Positions Budgeted

2,862,722 230,495 77,860 --0--- 22,000 6,970 316,000 212,900 108,500 338,300 --0--
4,175,747 4,147,782
191

2. Georgia Training and Development Center Budget:
Personal Services .-....-_........-.....__._......._........$ Regular Operating Expenses ....._.........,,._.._.$ Travel _.._.._._.___...........__._._.__.._.._...._.....$ Motor Vehicle Equipment Purchases ._._.-----$ Publications and Printing _________.__-_____.______$ Equipment Purchases ___._-.--.__.-__.--.--..___--_--.? Computer Charges __.____-__-..___._____-_.-__.__$ Real Estate Rentals _.--.-......----_...--.--.-_--_.$ Telecommunications __-.__-,,_______-----_-__.._--____.$ Per Diem, Fees and Contracts _______.___.______.____$ Utilities -_.-_.--_____.___--_....__.~._.._____....._._._.$ Total Funds Budgeted _.._..._.__.._.._.__._....._.._._.$ State Funds Budgeted _.___..__.._.._.........._.._......._.$ Total Positons Budgeted

807,000 109,900
1,100 --0-- --0--
12,700 --0-- --0--
10,400 18,600 70,000 1,029,700 1,029,700
64

3. Georgia Industrial Institute Budget:
Personal Services _-..,,_--..-_____.-..._.._.._--_.--.$ Regular Operating Expenses __,,__________.______.$ Travel _._____.-_.._.._....._________._____.__.._._____...___.__$ Motor Vehicle Equipment Purchases ____--_.$ Publications and Printing _____...__.____._______.-___$ Equipment Purchases --___--_--.__---___.-_,--$ Computer Charges ___________-__,,___________$ Real Estate Rentals _._____..__.__..._.._.____.-$ Teleeommunications --_--_--____...._,,_.__.___.$ Per Diem, Fees and Contracts ..__,,_.__.__,,-_.._$

2,871,383 427,033 3,800 --0-- 700 36,109 --0-- 31 26,400 6,200

1954

JOURNAL OF THE SENATE,

Utilities ....._-__._..._..__._.._.._......_._.._._._._..$ Total Funds Budgeted .._._...,,..._._...._._.__..........$ State Funds Budgeted ....-.._.____.._......_......_-._...$ Total Positions Budgeted

300,000 3,671,656 3,671,656
231

4. Georgia Diagnostic and Classification Center Budget:
Personal Services ....---....-....................--.........-..I Regular Operating Expenses __-._.._._.-_-.....~.-$ Travel ..__,,._.._.,,.___._..._..._..._....__...___.,,..._.....$ Motor Vehicle Equipment Purchases ______ ,,,,._.$ Publications and Printing __._____________._____,,_.___.$ Equipment Purchases _...--__--_--.----_----._-$ Computer Charges --___--._-_-_.__-.-.--____.___.$ Real Estate Rentals _...__..__........_......------? Telecommunications ._._......_._...____...___.,,... $ Per Diem, Fees and Contracts _..._.._...._.._--._.$ Utilities ___._._......_._._--.._____.---$ Total Funds Budgeted ....__......._......._.._._.-$ State Funds Budgeted ....-...-._...-._.._.---._.-.__$ Total Positions Budgeted
5. Georgia State Prison Budget:
Personal Services ..._._..____.._.._._._._._.._..$ Regular Operating Expenses _.._..-__.-._..__--.$ Travel _._._...._._.._....._._.._......_--._._..----.$ Motor Vehicle Equipment Purchases _______._--$ Publications and Printing _._____._-_..__..--.-- $ Equipment Purchases ____.__.__-._.-_.____.__.__.....--.$ Computer Charges ..._._._.------.....--_..----..$ Real Estate Rentals ._..-._._._.-..-.-.__-____--..$ Telecommunications _..__._._.~_-_.._.__~._.~--_$ Per Diem, Fees and Contracts _._..__.._.......$ Utilities .._...._...........__...._._._....._.._...._..-..._.. $ Total Funds Budgeted .__._.____........_._._...._....$ State Funds Budgeted ............_._._...........__. ? Totai Positions Budgeted
6. Consolidated Branches Budget:
Personal Services ________............_.._.._..._......$ Regular Operating Expenses -__,,_.__-__---____---$ Travel _...-.............----..-..----....----..--..--.I Motor Vehicle Equipment Purchases _____________.$ Publications and Printing ...._.._...,,..._._.._._$ Equipment Purchases ...._.--._----._...._-..----? Computer Charges __________._-.-...._...._________.$ Real Estate Rentals ....-._..._.._.._........_..--$ Telecommunications --_____.______,,_.._....--.....$ Per Diem, Fees and Contracts .._..._..____--$ Utilities ....___.__._____.__..._.__.______._._.___.-____.__.__.__..$ Total Funds Budgeted ..............................-..--.I State Funds Budgeted _.__.._._..._.._.._.__.......$ Total Positions Budgeted

3,273,068 503,928 2,300 --0-- 500 79,910 --0-- --0-- 32,600 12,100 267,700
4,172,106 4,172,106
279
5,915,037 1,010,354
5,400 --0--
500 68,270 --0-- --0-- 38,000 51,200 650,000 7,738,761 7,716,761
498
3,483,119 516,709 8,000 --0-- 700 60,414 --0-- 21,660 45,000 87,900 305,000
4,528,502 4,202,502
295

TUESDAY, FEBRUARY 28, 1978

1955

7. Lee Correctional Institution Budget:
Personal Services -.._.__--_...----.,,..--.-.-.-._,,...$ Regular Operating Expenses _--__,,_-..._.._......$ Travel ...._..__.__.__._,,...._.__.,,__.__,_.__.___...$ Motor Vehicle Equipment Purchases __.___,,_..,,$ Publications and Printing _.._..______...___,,________.$ Equipment Purchases -.-._-_..-._._.__.--.._._.--$ Computer Charges .---...__.,,--.-..--,,_-.._,,._._..--.$ Real Estate Rentals __._.__,,_____..___,,_____,,._____._ $ Telecommunications _-_.____-_._____,,______.______._.$ Per Diem, Fees and Contracts ._._..--..--__.--.$ Utilities -_-..--...--.._-..-..---._-___....--..-$ Total Funds Budgeted --..-........-.-._-.-.._......-.$ State Funds Budgeted ._-__._.-.....-..__.._...--$ Total Positions Budgeted

762,950
121,610 1,900
--0-- 100
136,300
--0-- --0--
8,500 10,800 97,000
1,139,160 1,139,160
83

8. Montgomery Correctional Institution Budget:
Personal Services --_-.._--.....-_..._-...._..._-._....._$ Regular Operating Expenses ---_--_.--..----.,,..$ Travel _....__._...__.__._._..__.__.__..____...._..$ Motor Vehicle Equipment Purchases --.--.-_-$ Publications and Printing _.____-_,,_--_______,,___..$ Equipment Purchases ----_---_.___--____.--.......$ Computer Charges ... __......_..,,____._______-_.__$ Real Estate Rentals _.....____..__..___-._..-._......$ Telecommunications ..__-__..._,,.._._..._ $
Per Diem, Fees and Contracts .._.....-.._,,.._._...$
Utilities .._.____...._._.__..__......_._.._.. $
Total Funds Budgeted ._.___._..._____....._..$
State Funds Budgeted .._....__....__.__._.._..?
Total Positions Budgeted

753,998 137,530
1,600 --0--
100 9,500 --0-- --0-- 11,200
13,600
72,800
1,000,328
985,328
60

9. Walker Correctional Institution Budget:
Personal Services -..-.....-.............-.....-..-......--.I Regular Operating Expenses _....,,.._.--.--_....$ Travel _..__...__._..,,_...___...._..___....._..,$ Motor Vehicle Equipment Purchases _,,___. $ Publications and Printing .._._..,,._._._.__.$ Equipment Purchases _--._--.,,--.____.-._._.$ Computer Oharges --_..._..-_..._.._..________.$ Real Estate Rentals ...._......_...__._,,..__,,.._. $ Telecommunications ____......__...._.__._ $ Per Diem, Fees and Contracts ................__.$ Utilities ................__...................__............$ Total Funds Budgeted ...._............................._..-$ State Funds Budgeted _._..--....-~..-~_~~--'$ Total Positions Budgeted

778,261 134,840
2,400 --0--
200 6,600 --0-- --0-- 14,500 7,800 57,000 1,001,601 991,601
65

1956

JOURNAL OF THE SENATE,

10. Georgia Women's Correctional Institution Budget:
Personal Services ........................................ ^ Regular Operating Expenses .......................^ Travel _.._...,,,,..__...,,.__.__..-..._...,,.._-.,,..,,.,,_.. $ Motor Vehicle Equipment Purchases ._----_,,...$ Publications and Printing ,,_.___________.___.___,,_____.$ Equipment Purchases _____________,,___,,_______,,._.$ Computer Charges ,,_-,,___ ___-__,,,,_._ ,,_.,,._,,-__,,_..$ Real Estate Rentals ....................................$ Telecommunications ..................................... ^ Per Diem, Fees and Contracts __.__.._____,,__--_.$ Utilities ............................................................^ Total Funds Budgeted ........................% State Funds Budgeted ................................^ Total Positions Budgeted

1,309,190 185,836 2,000 --0-- 100 3,000 --0-- 1,400 13,900 --0-- 126,000
1,641,426 1,641,426
117

11. West Georgia Community Correctional Center Budget:
Personal Services .. ......^.....^.. ............. ^ Regular Operating Expenses _____________.___._--___.$ Travel _...._..._...____,,._..-_..,,_-............-..,,.._.._- $ Motor Vehicle Equipment Purchases _--_--._- $ Publications and Printing ............................ ^ Equipment Purchases --.----------.--..-.--....-- $ Computer Charges ..__,,.._ -__.-...--.-..--..-.._.$ Real Estate Rentals ............................. ^ Telecommunications ~..__,,_..,,..-___.__--._,,___..$ Per Diem, Fees and Contracts ......................--^ Utilities ....................................^ Total Funds Budgeted _..__.__.._....---$ State Funds Budgeted .................. ..^ Total Positions Budgeted

1,543,000 209,303 2,000 --0-- 100 16,376
--0-- --0--
13,000 17,400 118,000 1,919,179 1,919,179
138

12. Georgia Earned Release Correctional Center Budget:
Personal Services ..........................................$ Regular Operating Expenses .............,,_...._.$ Travel _...,,.,,..__..,,_..-...-.-.,,.-..._,,_..,,.._..,,.--. $ Motor Vehicle Equipment Purchases _...,,.-_.... $ Publications and Printing -.---.----..---------$ Equipment Purchases ....................^..............$ Computer Charges ...................................... ^ Real Estate Rentals -..........--....-..-..-.---.-I Telecommunications _..__.._..__.._-.__..._--__..----_--_ $ Per Diem, Fees and Contracts ...._._.._,,_,,__.__...$ Utilities ............................ .^^ Payments to Central State
Hospital for Utilities ____,,__._._______,,____--.-_.$ Total Funds Budgeted __.___.__.._._~_~.__-._---.? State Funds Budgeted ........................... .^ Total Positions Budgeted

2,484,611 320,051 2,000 --0-- 500 46,332 --0-- 660 33,200 12,000 --0--
175,500 3,074,854 3,074,854
219

TUESDAY, FEBRUARY 28, 1978

1957

13. Macon Community Correctional Center Budget:
Personal Services _--___._._..._______,,_.___._,,,,__.__ $ Regular Operating Expenses ,,_.___.__,,_,,____.____-_ $ Travel __._...,,......-..._,,.,,._._...,,..__..._.._........_..:...$ Motor Vehicle Equipment Purchases .,,.,,.--. $ Publications and Printing ................................I Equipment Purchases ----_.--.__....--_.....--..__.--.$ Computer Charges ___._._-_--_-__-_--_-_.----_._----.$ Real Estate Rentals -.,,__._._.._.._..-._-.........-_..$ Telecommunications ____...,,,,._---..._.--.-.....-..-$ Per Diem, Fees and Contracts ..,,.._-..._-_.........$ Utilities __.....___________.__.__._..___,,__._______,,,,_.. $ Total Funds Budgeted _..__..______________.__._____,,____.$ State Funds Budgeted ____.______._.__________._____-.__.$ Total Positions Budgeted

1,272,422 163,339 3,000 --0-- 300 6,150 --0-- --0-- 11,300 12,750 126,000
1,595,261 1,595,261
129

14. Talmadge Memorial Hospital Unit Budget:
Personal Services ,,__.__.____--.._____-,,_,,_.._____._______ $ Regular Operating Expenses _...._.-.-_._._....-...$ Travel ._...._.._.,,_...._._..__..._.._...._.......__.._......$ Motor Vehicle Equipment Purchases -_--_._--.$ Publications and Printing _--__..-__,,-_-,,.__..-..$ Equipment Purchases _----_--__--.,,_--._--__--_.$ Computer Charges _.,,..._,,.-.-_.-._-...._,,.--_-_,,..._..$ Real Estate Rentals -_-.___,,_.--.___,,.____--____.__-__..$ Telecommunications _.____.__-._-_.-._.--.,,..--. $ Per Diem, Fees and Contracts ,,_____,,____,,_._-___ $ Utilities ...,,....___-..-.-......_.__.._........._.._._.....$ Total Funds Budgeted _.__.__-___..___-_____.____.._..$ State Funds Budgeted _._.~_.___~_-_~_.__~_~_-.-.$ Total Positions Budgeted

220,000 10,000
300 --0-- --0--
--0-- --0-- --0-- --0-- --0-- --0-- 230,300 230,300
20

15. Central Institutional Administration Budget:
Personal Services .-_.-._.._-.-....._.._...___...,,.....-.$ Regular Operating Expenses .._,,-,,..,,--------,,$ Travel ......^ .-..........,..........$ Motor Vehicle Equipment Purchases --___.---$ Publications and Printing ___,,__-.--_-______,,_-.$ Equipment Purchases _.._..._-.__,,----_--._-_-,,.$ Computer Charges _.--,,......_.-_----_-_--.----.--..$ Real Estate Rentals .._.._......._.-,,..-_..,,.._.._,,...$ Telecommunications --_...--,,..--.----._.-_--_-- $ Per Diem, Fees and Contracts --.__--_----.----..$ Utilities ...-_..,,._-....._....._..-...._.,,.._..._._..._.._--. $ Total Funds Budgeted ..,,..._.._......._..,,..._.,,._....$ State Funds Budgeted -...-......-......-......---.-.-I Total Positions Budgeted

368,600 24,180 18,200 --0-- --0--
1,100 --0--
5,400 15,700 --0-- 2,400 435,580 435,580
18

1958

JOURNAL OF THE SENATE,

16. Central Funds Budget:
Personal Services ..._._._.-._.,,_.-__...___.__.._.._.__..___.$ Regular Operating Expenses ......_-_....---- $ Travel _.___._______.,,._._._______.__..__._._.._...$ Motor Vehicle Equipment Purchases ._......$ Publications and Printing _...__.._..__...._.._.__.._..._..$ Equipment Purchases .....,,-.-_...__,,_.__.__--.$ Computer Charges ._._--.--.----_--.--.-._----- $ Real Estate Rentals ............-..._................-...-.-- $ Telecommunications -..--.--.-.-._.-__.._-._---.------$ Per Diem, Fees and Contracts ....._......_._...----.$ Utilities .,,-_.___._...._....._....._._..-.-.-....--$ Authority Lease Rentals ........._-..---...................$ Overtime _.........._......._......_..._..................$ Court Costs _.-..-_-.-_....-..-...-..-..-.--....---I Inmate Release Funds ,,__._-._._....._..._.._-_.$ County Subsidy ................-.....-...............-...-.......$ Outside Health Service Purchases ................. $ Payments to Talmadge Memorial Hospital... $ Central Repair Fund _....................-..-.._......-..$ Payments to Central State Hospital
for Medical Services ____-_-_._-_-_--_..._$ Capital Outlay ..._....._...__.__..--..-.._.---$ Total Funds Budgeted __..___.._..__.__.___._..._..__._..,. $ State Funds Budgeted .___..__._.._..__-..__....$ Total Positions Budgeted

--0-- 20,150 53,940 591,200 110,400 2,345
--0-- --0-- --0--
93,000 --0-- 840,000 30,000 200,000 360,000 4,759,600 341,000 795,000 450,000
600,000 500,000 9,746,635 9,586,635
0

17. Training and Staff Development Center Budget:
Personal Services ..................__,,_,,._.,,.___._.____.$ Regular Operating Expenses ...........--..........--.$ Travel ..._.................___.......__._...._.__._.__.__.$ Motor Vehicle Equipment Purchases ..............$ Publications and Printing .._._.__.__.___.___.___.___.__$ Equipment Purchases ..__......._..............._....$ Computer Charges .._...--_--------._--.------------$ Real Estate Rentals ..........._...-......-..-.-.....-.....$ Telecommunications --.--...--...._.-.,,----....----_..$ Per Diem, Fees and Contracts ......._-_...........$ Utilities ............................................................. $ Total Funds Budgeted .............................._......$ State Funds Budgeted ..................._...................$ Total Positions Budgeted

230,500 59,320 42,000 --0-- 1,000 1,650
--0-- 24,000 7,500 27,000 7,920 400,890 188,440
18

18. D.C.T. Work Details Budget:
Personal Services .........-._.....-...-...-.-..-.....-.$ Regular Operating Expenses ..._......................$ Travel _.._.........._.__._..............................$ Motor Vehicle Equipment Purchases ----..---$ Publications and Printing ...................._....._...$ Equipment Purchases ----__~_._.-_--,,.-.-.--...$ Computer Charges ....-...............-..-....._.-........,,$ Real Estate Rentals _..........._......_..........._......$

107,476 3,672
--0--
--0-- --0--

TUESDAY, FEBRUARY 28, 1978
Telecommunications ................_..__..............if Per Diem, Fees and Contracts __-._..-.._---..--._.__.$ Utilities --.----.-,-.-.-.-.___-....-._...__.-.___._.$ Total Funds Budgeted _..._.._......_.._.._..__..,,..__$ State Funds Budgeted _._._..____..__.._...__..__.._...___..$ Total Positions Budgeted

1959
111,148 --0--
15

19. Food Processing and Distribution Budget:
Personal Services ...............................................I Regular Operating Expenses ___._,,_._..._-.._.$ Travel ......................_............__............__..$ Motor Vehicle Equipment Purchases __...--.--$ Publications and Printing --.--_-.---.-.--.--._.$ Equipment Purchases ._----....._...................$ Computer Charges .._.._._----............_.__...$ Real Estate Rentals --..,,.__.._...___.._..._.___..._... $ Telecommunications _.........._.............._......$ Per Diem, Fees and Contracts _..........--.....--.$ Utilities _._._--..--._--_._.._.._.____._.._...$ Payments to Central State
Hospital for Meals ......................................I Payments to Central State
Hospital for Utilities ...._..__.._._..__.,,...._.$ Total Funds Budgeted __.,,...,,._._........_.._.__.$ State Funds Budgeted ..................-.._.._...._..$ Total Positions Budgeted

1,050,000 2,812,033
3,200 --0--
500 122,464 --0-- --0--
4,000 --0-- --0--
907,133
7,500 4,906,830 4,708,300
101

20. Farm Operations Budget:
Personal Services ..........................._........_...$ Regular Operating Expenses ..____..___.__.____...__$ Travel ...............___..,,_.._._.___..--..._._..$ Motor Vehicle Equipment Purchases ,,..........$ Publications and Printing _--__.__._...--,,.$ Equipment Purchases ...................___............$ Computer Charges ....__--..--.....______....$ Real Estate Rentals ..........................__....--.$ Telecommunications .,,.........._..-......_......_......._$ Per Diem, Fees and Contracts .._._._._..--$ Utilities _....__..._....___..._____.__.._...$ Capital Outlay .._..................._______....$ Total Funds Budgeted .................______.___..___._.$ State Funds Budgeted .................................... $ Total Positions Budgeted

325,055 1,956,311
--0-- 104,000 --0-- 109,830 --0--
4,600
81,000 2,580,796 2,568,796
25

21. Probation Operations Budget:
Personal Services .............____.__........,,__.$ Regular Operating Expenses _._.................$ Travel ...........____..____...._____..__..? Motor Vehicle Equipment Purchases __-_$ Publications and Printing ....._.._.__.........$ Equipment Purchases _._....________--$

5,787,748 167,097 247,500 --0-- 4,300 68,090

1960

JOURNAL OF THE SENATE,

Computer Charges ._..__..--.--._,,._,,_,,.__.______.$ Real Estate Rentals .__....-._.._.._...._._...,,..-..$ Telecommunications ,.,,...,,......_............,..._.......-..$ Per Diem, Fees and Contracts ...----._....,,....$ Utilities .._..-.-.._.,,._....-.._........._......._..._...__$ Total Funds Budgeted ...._,..._,,....._.........-.._...$ State Funds Budgeted ...._...-.....__..-._........--$
Total Positions Budgeted

--0-- 136,103 113,500 --0--
5,400 6,529,738 6,495,438
453

22. Pre-release Centers Budget:
Personal Services ......................................I Regular Operating Expenses ----_-__--.-__._.----$ Travel .,,._.._.._._.__..._-.-.._,,.._....._._.._...-......_.$ Motor Vehicle Equipment Purchases .-.,,.--....$ Publications and Printing _._._,,___________,,__.___ $ Equipment Purchases --._-..--_...--...------.----.$ Computer Charges ...--_...--.-...-.....-..--_------$ Real Estate Rentals ...-.........-.._._.....__._...-.-$ Telecommunications _..._..-..._-_.._.....____...--_...$ Per Diem, Fees and Contracts ........,,......._.._...$ Utilities ........_.._......_._,,._.._.._...-.._.___..._.._-$ Total Funds Budgeted ..__......_.,,.._..,,._......._...$ State Funds Budgeted ......._.,,._..,,.._....,,.._....._.$ Total Positions Budgeted

1,535,000 195,000 17,000 --0-- 700 6,500 --0-- 240,000 31,000 26,000 140,000
2,191,200 2,191,200
133

23. Restitution/Adjustment Centers Budget:
Personal Services ...----.....--.-......-......-.......-.I Regular Operating Expenses ._-,,._.--.___-__..$ Travel _._.._....__._._.___,,_._._..-...........__._...$ Motor Vehicle Equipment Purchases ....._..._.$ Publications and Printing _._,,__.___.____.__,,_.___-.$ Equipment Purchases .._._.._..,,_..._...._-..--.$ Computer Charges --._-.._..._.._,,__--_--._--.-_$ Real Estate Rentals .._.....,,_...._...._.-._.._.._..-.$ Telecommunications ~--.~_--____--__--_.__--...$ Per Diem, Fees and Contracts ...._..........-......$ Utilities ......___...._._.._......._..-....__..,,-..._..,,...$ Total Funds Budgeted _.,,...._.........._-_--._.._..$ State Funds Budgeted __..__,,______._____,,.._._-_.$ Total Positions Budgeted

1,513,287 254,762 16,050 23,000 1,300 57,780 --0-- 211,950 31,000 25,400 81,000
2,215,529 1,913,153
146

24. Andromeda Center Budget:
Personal Services ,,.....-.,,.._.._-_-_._,,._....--.--.$ Regular Operating Expenses ...___-_.-_-_.-.._..? Travel _....__....._.._.._..._..__.__.._.___-_..-._.$ Motor Vehicle Equipment Purchases .----.__-$ Publications and Printing ___,,.,,____._,,__,,._.$ Equipment Purchases ._.--_..,,----------_....,,$ Computer Charges __.___-_--_-----_-_----$ Real Estate Rentals ._..._...._..,,_...._._.......,,.._..$ Teleeommunications _.._._-..____-_....~~$

186,000 61,020 3',300 --0--
300 --0-- --0--
27,300 3,800

TUESDAY, FEBRUARY 28, 1978

1961

Per Diem, Fees and Contracts ---_______.__.______.$

Utilities ..__..-..._..-..-._..._.._........,,........,,.._..._$

Total Funds Budgeted ._____._._.__,,_._,,_____.____.___.$

State Funds Budgeted -__-._________._____.__.__.__$

Total Positions Budgeted

-

12,000 10,000 303,720 121,488
17

Budget Unit Object Classes:
Personal Services _....__.._..._.__._....._..._._.,,...$ Regular Operating Expenses ___..___-__.________.$ Travel __.____._.__________._____._,,_____$ Motor Vehicle Equipment Purchases .......,,.....$ Publications and Printing ...._..,,..._..._,,._.._......$ Equipment Purchases --_.,,______,,_____.______._.,,___$ Computer Charges ......,,.__..._.__..._._..._,,_......$ Real Estate Rentals -_._-._.-__,,_.-__..__-___.___-$ Telecommunications __________________________.$ Per Diem, Fees and Contracts .,,._..,,.._.......... $ Utilities __._____,,_..________._._.__.________________.___$ Payments to Central State
Hospital for Meals -_.___--_____--.______-__________$ Payments to Central State
Hospital for Utilities .__-__._..__...--__.___________.$ Overtime ___._______,,___.__________.___,,.___._______,,______$ Court Costs ___.__.._____._,,_____________________.-______$ Inmate Release Funds ...._._....._.._..._._...__..$ Court Subsidy ._.._,,,,__,,.___.___.._.___.._.__.$
Outside Health Service Purchases .._,,_.-..--$
Payments to Talmadge Memorial Hospital ,,_.____.___-__._.__._________.$
Central Repair Fund ___-__._______-____-____.___,,_,,.$
Payments to Central State Hospital for Medical Services _.___.________._.___.____.______.$
Authority Lease Rentals ..._..._._._._.._.___.___.$
Capital Outlay ___.___-____,,____.__-._________.$
Total Positions Budgeted
Passenger Carrying Motor Vehicles

39,440,427 9,634,473
514,850 718,200 144,300 858,390 316,000 881,404 573,000 776,650 2,436,220
907,133
183,000 30,000 200,000 360,000 4,759,600 341,000
795,000 450,000
600,000 840,000 581,000
3,315 366

Provided, that of the above appropriation relating to the Central Repair Fund, $100,000 is designated and committed for repairs and maintenance on the Stateowned staff housing units located at the various cor rectional institutions.

It is the intent of this General Assembly that, with respect to the Legal Services Program for inmates, lawyers, law students and/or employees be prohibited from soliciting for filing of writs.

It is the intent of this General Assembly that the department not start any new community center pro grams with Federal funds without the prior approval of the General Assembly of Georgia.

1962

JOURNAL OF THE SENATE,

Provided, that of the above appropriation relating to Capital Outlay, $300,000 is designated and committed to renovate the bathroom at Georgia State Prison, $200,000 is designated and committed to renovate the dormitory heating systems at Georgia State Prison and $81,000 is designated and committed for an irrigation system at Georgia State Prison.

B. Budget Unit: Board of Pardons and Paroles ._-.._--..-_~.~.-..~-~_--_~-~-$ 2,712,886

Board of Pardons and Paroles Budget:
Personal Services .....__........._...........--....._-..-$ Regular Operating Expenses ,_..._--_..._--.....$ Travel _._..._..___._.._._.......__....__...........-.-.-...-.$ Motor Vehicle Equipment Purchases ..--.-._._.$ Publications and Printing ___._..__.--_-__.-___.--$ Equipment Purchases ...___._~_..__.~.._.----...$ Computer Charges .....--_-.._--.--.-_.._.--_----_.$ Real Estate Rentals ._.__....__,,,,._.....-_-.-.--_-$ Telecommunications -..,,_-_.-...--.-....---_.._-__-__.$ Per Diem, Fees and Contracts _.....-..-._._..---$ Total Funds Budgeted ...._.....,,......-._.._._.._.-$ State Funds Budgeted _._._..._....-......--_..-.._._.$ Total Positions Budgeted

2,387,000 60,500 132,700
--0-- 9,226 4,300
--0-- 57,960 50,000 11,200
2,712,886 2,712,886
176

Budget Unit Object Classes:
Personal Services ...____._...._............_-.......$ Regular Operating Expenses ..........._......._....$ Travel _..._............._............_.._.__...._..__..-.$ Motor Vehicle Equipment Purchases ....__--...? Publications and Printing ......._...____-....._......$ Equipment Purchases ..._._-..._._--.-.--.._--..$ Computer Charges -__--.__,,__--.--.__---.--_~..~..$ Real Estate Rentals ..._.........._..................--....$ Telecommunications ..._._-..._--_--_------ $ Per Diem, Fees and Contracts ...........-..............$ Total Positions Budgeted Passenger Carrying Motor Vehicles

2,387,000 60,500 132,700
--0--- 9,226 4,300
--0-- 57,960 50,000 11,200
176 0

C. Budget Unit: Georgia Correctional Industries _.--._--.-._-___._--__--_----------$

--0--

Georgia Correctional Industries Budget:
Personal Services _.._......__..........,,.._.._._.._..-$ Regular Operating Expenses -..---..--_.____.$ Travel .._....__.__...._.___._..__.__..._....._.-$ Motor Vehicle Equipment Purchases _.._.._..$ Publications and Printing .._.._...._....._._........$ Equipment Purchases _._.,,.........._..._...._._--.$ Computer Charges _.._.__._._..__.__._..__? Real Estate Rentals .,,_._.__.._._..__._._....._..$

867,125 364,250 23,250 38,250
7,500 782,000 --0-- 17,750

TUESDAY, FEBRUARY 28, 1978

1963

Telecommunications ______________________,,__________..__. $ Per Diem, Fees and Contracts __.--._,,,,.___.__.$ Cost of Sales ----....__-..._...---...._...._....._..._._$ Repayment of Prior Year's
Appropriations _.-._-.___..__.-__,,___,,________.__________ $ Capital Outlay ...._.____.____...___..___-..__._______.____..___.__.$ Total Funds Budgeted ._...._....._._._..._..___...__...__..$ State Funds Budgeted _..__.-.__...__..__..________..___..$ Total Positions Budgeted

25,500 15,500 3,562,200
100,000 255,000 6,058,325 --0--
56

Budget Unit Object Classes:
Personal Services ..___.._.._._..-__...__...._____..___..___..$ Regular Operating Expenses .._...___..___..___...__..$ Travel .,,_._....____._____,,.__.____.___.___,,__..__. $ Motor Vehicle Equipment Purchases ._....._-..$ Publications and Printing ....._..,,...._._.._.....$ Equipment Purchases -....___........._____._____..___$ Computer Charges --._.._..,,_,,..--.__..-._,,.._.-.....$ Real Estate Rentals _.,,_._...._._._._....,,._..__...$ Telecommunications __--_._--_-__,,___-___.____,,_____$ Per Diem, Fees and Contracts ._._........._..._._.$ Cost of Sales .___._.__________.,,___,,-._.._._______.$ Repayment of Prior Year's
Appropriations ........_........._..._._..._._...._.. $ Capital Outlay ........_......_..............._................. $ Total Positions Budgeted Passenger Carrying Motor Vehicles

867,125 364,250
23,250 38,250
7,500 782,000 --0--
17,750 25,500 15,500 3,562,200
100,000 255,000
56 11

Section 35. Department of Public Safety.
Budget Unit: Department of Public Safety _........._.___...._.._,,_......._...............$ 30,276,046

1. Office of Highway Safety Budget:
Personal Services _...--.--__.....~._-----...__$ Regular Operating Expenses ..............-_--.--.$ Travel ......_........_......._.__._.__...__..,,_.._._._..$ Motor Vehicle Equipment Purchases --.---.....$ Publications and Printing _.......-_.--...-.-._--......$ Equipment Purchases ......_._-_-,,_...._.--._ $ Computer Charges ......_.._...__.._....__,,_..__..$ Real Estate Rentals ........._.,,..._...,,_...._..........$ Telecommunications -.._..__...._....--__.-_. $ Per Diem, Fees and Contracts ...._...,,.-.,,....-.? Postage ..........._...._._.__.._...,,.._......_........_...... ? Total Funds Budgeted ......._........._._..T._._...._..f State Funds Budgeted ._..,,.-...-..._...._...._..-..._..$ Total Positions Budgeted

285,474 12,864 18,475 --0-- 5,591 8,985
1,198 28,140 11,167 17,000
3,900 392,794 --0--
16

2. Administrative Support Budget:
Personal Services -........,,..-._...........__..__...,,..$ Regular Operating Expenses .._...---.--_.___$ Travel ......_.._._.....,,_.,,__..,,._.,,._.._,,_.,,..$

276,000 28,587 5,090

1964

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases _.._,,____.$ Publications and Printing ___._____.__________..__.,,____.$ Equipment Purchases _.._-._-._.,,._.-._..._--_,.,,..___.$ Computer Charges _-.__..--._.--__.-_.--.__,,__..__.-_,,____$ Real Estate Rentals .._._..._.__............----..._...._.$ Telecommunications --.._--........-_--.-...----..... ,,._.$ Per Diem, Fees and Contracts ._,,.__.__.__--_...__.$ Postage ._..._._._...__.__..__,,______..__..__,,___.____,,_____$ Total Funds Budgeted ..__-_,,-.__....._-..._...............$ State Funds Budgeted __.__.__.,,_._._._____ ._............$
Total Positions Budgeted

--0-- 15,500 3,570
--0--- --0--
18,550 --0---
275 347,572 347,572
13

3. Staff Support Budget:
Personal Services ._______._____..-_.___,,_.-..__._.___._._.___$ Regular Operating Expenses ......-_......._,,...._.$ Travel .-...._._-..__....._...,,__._......._...__.----$ Motor Vehicle Equipment Purchases _.--_---. $ Publications and Printing ._._.._....,,___...,,._...$ Equipment Purchases --__--___------.--_-------$ Computer Charges _.._._..___.._..,,......,,__.,,_...$ Real Estate Rentals _._.._.,,-...__._...-.._-.......-_-.$ Telecommunications ._.--.--.----,,.---.------..--.$ Per Diem, Fees and Contracts ..._........,,.._..-- $ Postage __________._____.-_--_.___.-__-.-.--__-.-__ $ Total Funds Budgeted __.____,,___,,__..___________. $ State Funds Budgeted ___........_....._--.--.._.-$ Total Positions Budgeted

1,449,000 807,595 53,500
--0-- 73,200 15,000 22,325
--0-- 54,000 6,370 175,000
2,655,990
2,655,990
103

4. Georgia State Patrol Budget:
Personal Services -............_-....__-........-_._.._._$ Regular Operating Expenses -......-_.._.......-..-.$ Travel .__...._.....-,,._.._.._........,,.-...-...-...__...-.. $ Motor Vehicle Equipment Purchases --...--.--.$ Publications and Printing ______.__..______-____.___.$ Equipment Purchases __.,,__,,_,,..__._-._-._-._.._.-.__$ Computer Charges _......... _..............--$ Real Estate Rentals ........_..--..._-......._...-..$ Telecommunications ._.--.--..._..--_-._....-------- $ Per Diem, Fees and Contracts ._..__.-_.-.-....$ Postage _.__........,,.__..,,..__.._...._.._._......_......$ Conviction Reports .__...-.._.._....._.._...._._._.-.$ Capital Outlay ___..._.._...-_..._..._._.._..............$ Total Funds Budgeted ,,.._...._._._._...._.....-_.$ Indirect DOAS Services Funding .._............. $ State Funds Budgeted ....,,._....-......._.....--....-....$ Total Positions Budgeted

19,354,442 2,430,746
113,400 --0-- 714,000 110,000 1,700,000
2,500 405,000 20,000 155,000
170,000 75,000 25,250,088 --0-- 25,018,088
1,224

5. Georgia Peace Officers Standards and Training Budget:
Personal Services ........__-.._............................_.$ Regular Operating Expenses _..............,,..........$ Travel ....._....-..........._.._.......-..._...-......_.._...-..-.$ Motor Vehkle Equipment Purchases .....--.-...?

400,150 1,756,211
25,600 --0^

TUESDAY, FEBRUARY 28, 1978

1965

Publications and Printing _______._,,--,,__,,_____..$ Equipment Purchases ._._-._........_..._.._._....._..$ Computer Charges --------.--_--_--_--...._--.._.--_$ Real Estate Rentals ...........................................I Telecommunications _--__..--__.____.--_.._--_.--. $ Per Diem, Fees and Contracts ~~._----._--_,,..$ Postage ___--_________.-_.____-__.___..________.__.________$ Total Funds Budgeted ____________________________$ State Funds Budgeted _________._________._____________.__$ Total Positions Budgeted

22,246 3,800 --0--- 28,250 12,760 14,400 2,700 2,266,117 1,527,120
24

6. Police Academy:
Personal Services --............................................I Regular Operating Expenses .....--_----___-----.? Travel .________.___.__.____................................I Motor Vehicle Equipment Purchases _._.______.$ Publications and Printing ___________________.________$ Equipment Purchases ._.--...,,.____-_._.___.___________$ Computer Charges __________________.___.___________________$ Real Estate Rentals ______________..____.__.____^__________$ Telecommunications --_--____--.--...--_._,,..__--.$ Per Diem, Fees and Contracts --..__.--___..-___-.$ Postage _-_.___-_.._-_..__,,.___.__..__...,,.._..._....,,.$ Total Funds Budgeted _..__-.__..--._....--....._..j State Funds Budgeted ..._._...........................__.. $ Total Positions Budgeted

305,940 103,290
5,460 --0--
12,000 21,000 --ft-- --0--
8,100 17,000 1,575 474,365 389,865
15

7. Fire Academy:
Personal Services ......................-...,,............._....$ Regular Operating Expenses ...._--....._..._.._...$ Travel ..._.._...__...._,,....___.............._....._..__._$ Motor Vehicle Equipment Purchases --..--..-- $ Publications and Printing _.................._..........$ Equipment Purchases _...-----__--._-.-..-_._--__$ Computer Charges _-----..--_--..-...._...--..--_...$ Real Estate Rentals _____________.___.____.__________________.$ Telecommunications -...---_-,,_--,,.._..---,--._----.._.$ Per Diem, Fees and Contracts ___,,_..._,,___.___ $ Postage _____________________________________________________________ i Total Funds Budgeted ________-_--._____....._.._ $ State Funds Budgeted .........,,_........._._.__.__ $ Total Positions Budgeted

164,198 22,690 10,000 --0-- 2,500 --0-- --0-- 15,182 4,950 86,000 3',500 309,020 269,020
10

8. Georgia Firefighter Standards and Training Council Budget:
Personal Services --_--,,--,,__,,____..._--_--.$ Regular Operating Expenses _,,__.___....._......$ Travel ..__.._._.._._.._...._-_.._....,,.__._._.___...$ Motor Vehicle Equipment Purchases _.._--.-- $ Publications and Printing ...,,..,,._......_..__......$ Equipment Purchases ____________________.___...__._.__.___$ Computer Charges ----_.--,,------------.-----_,,$

54,726 2,465 6,500 --(X-- 1,000 1,OOQ --0--

1966

JOURNAL OF THE SENATE,

Real Estate Rentals ..................-...........--........I Telecommunications ,,._..._--......___...._.._..$ Per Diem, Fees and Contracts _._..__......__._...$ Postage ..._-.._.._..-._,,-.._._._.._.._......_.._.._..$ Total Funds Budgeted _..._._..._..._..._.._......_.._$ State Funds Budgeted ..._......_....................._-...$
Total Positions Budgeted

--0-- 900
1,000 800
68,391 68,391
3

Budget Unit Object Classes:
Personal Services _...___._.__..._._._.....-._...-._......,,.$ Regular Operating Expenses _.._._...-_..--.--.$ Travel _......_....._.._...__....._...._._..-_...._..--.-. $ Motor Vehicle Equipment Purchases .--_.--.--$ Publications and Printing ...........__..__..___...$ Equipment Purchases ------------------.-------$ Computer Charges .._..._.._............_.........__..-_.$ Real Estate Rentals ..........................................^ Telecommunications _._.---____._._-_--_.$ Per Diem, Fees and Contracts .._-.._..._.._.-.....$ Postage ._...--._.___._...._.._._.___._.-.-..$ Conviction Reports __-._.._....-...._.......-__--...? Capital Outlay ___._.__....................... ..^ Total Positions Budgeted Passenger Carrying Motor Vehicles

22,289,930
5,164,448 238,025
--0-- 846,037 163,355 1,723,523
74,072 515,427 161,770 342,750 170,000
75,000
1,408 893

Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Asso ciation of Motor Vehicle Administrators, and the Inter national Association of Chiefs of Police (State and Provincial Police).
Provided, however, that of the above appropriation for Conviction Reports, payment for conviction reports is not to exceed $.25 per conviction report.

It is the intent of this General Assembly that with regard to the above appropriation for Regular Oper ating Expenses, $1,665,000 is provided for advanced and basic peace officer training to include reimbursement for
tuition, room and board.

Section 36. Public School Envolovees' 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 ...._.__.,,_..__...,,.._.$

10,388,180
150,000 10,238,180 10,388,180 10,388,180

TUESDAY, FEBRUARY 28, 1978

1967

Budget Unit Object Classes:
Payments to Employees' Retirement System --._-.----..--_J_.___.._--.....$
Employer Contributions _...._.--......,--__---.-._.....$

150,000 10,238,180

Section 37. Public Service Commission. Budget Unit: Public Service Commission .__..-$ 2,575,966

1. Administration Budget:
Personal Services ..--__-._.._______......_...__.._.___..___$ Regular Operating Expenses ----------.---.-- $ Travel ..__._.._.-____....___..._..._,_...._.....__.__._.__.$ Motor Vehicle Equipment Purchases .-_._.-,,_--$ Publications and Printing ................................I Equipment Purchases ..._.,,-----..--._.----._--$ Computer Charges __.._...._.._..__......__..._._..._...__..___.$ Real Estate Rentals ............................._...__...$ Telecommunications __--._____---__-_._.-...-..._.. $ Per Diem, Fees and Contracts ....-........--.....,,.$ Total Funds Budgeted .................................._$ State Funds Budgeted .........._.........................$ Total Positions Budgeted

572,500 12,400 9,100
--0-- 1,250 1,100
--0-- --0--
23,100 2,200 621,650 621,650
26

2. Transportation Budget:
Personal Services ....._..........,...........................$ Regular Operating Expenses ..........................-$ Travel ....__.,,._._.._.._,,.._________._..__...__..___..___,..__.$ Motor Vehicle Equipment Purchases __._..._ $ Publications and Printing --._-_._.-.___--.._-.__._,,$ Equipment Purchases ___..__..._._--__-..__-__......__..._.-$ Computer Charges __..--..---_--._....._.--.,,....-.___.? Real Estate Rentals ....__..................................$ Telecommunications --..--._._------.--._-..__.--_.$ Per Diem, Fees and Contracts .......--..--.........$. Total Funds Budgeted ___.__~_~_.--_._~_--_._._$ State Funds Budgeted ...._-...-....-..-......--.-..-.-...$ Total Positions Budgeted

645,000 102,000 28,500 --0--
5,500 31,100 --ft-- 28,766 16,800 1,500 859,166 859,166
43

3. Utilities Budget:
Personal Services .........................._..___..... $ Regular Operating Expenses ...._..................$ Travel ..._......._..__..__._._____....._._ $ Motor Vehicle Equipment Purchases .........--.$ Publications and Printing ..........__..................I Equipment Purchases ._-_-_._._..,--..._....$ Computer Charges .._-..__--..--.__.._...._.._..__..$ Real Estate Rentals ....-...................-....-......-..-$ Telecommunications .........._____...,,...,,......._.$ Per Diem, Fees and Contracts _,,_..__.._..__.$ Total Funds Budgeted ._.__._._..._._.._.._$ State Funds Budgeted ..__..-.........--..._...._._.$ Total Positions Budgeted

973,000 42,000 59,000 --0-- 4,800
2,000 --0--
9,800 32,000 50,000 1,172,600 1,095,150
68

1968

JOURNAL OF THE SENATE,

Budget Unit Object Classes:
Personal Services --.--,,.--__--_,,_.-_---._._..--__---- $ Regular Operating Expenses __-._...__.__-._-.........$ Travel _._._-._._.._....._...-....__...._......_..._...._..__..-_.$ Motor Vehicle Equipment Purchases __,,_._____ $ Publications and Printing ,,......_..__...,,._..,,_-- $ Equipment Purchases ____.__,,-_,,_.___--_----_____- $ Computer Charges ____-_--_-__.--___.--.._.--.....__--.$ Real Estate Rentals ,,.._..._....._...,,....,,...-...._..__..$ Telecommunications .....---..--.-..-,,.-....,,.----.--.$ Per Diem, Fees and Contracts ---__.-.,,._--...._.$ Total Positions Budgeted Passenger Carrying Motor Vehicles

2,190,500 156,400 96,600 --0-- 11,550 3'4,200
38,566 71,900 53,700
127 26

Provided, that of the above appropriation to the Utilities Budget, an amount not to exceed $175,000 is designated and committed for funding one Utilities Financial Specialist at pay grade 21, two Analyst IPs at pay grade 19, three Analyst's I's at pay grade 17 and one Engineer II at pay grade 19 to conduct a continuing and ongoing audit on any fuel adjustment tariff of an electric utility company or purchase gas adjustment of a gas company and to perform other duties at the dis cretion of the Public Service Commission.

Section 38. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction and University System Institutions ________ $ 332,270,356

1. Resident Instruction Budget:

Personal Services _,,__,,_____.,,____.__.___._____._,,_._.$ 292,061,940

Regular Operating Expenses, Travel, Motor

Vehicle Equipment Purchases, Publications

and Printing, Equipment Purchases, Com

puter Charges, Per Diem and Contracts,

and Estate Rentals __..-._...._-..-,,_-._..._-..._.....$ 94,558,544

Teachers' Retirement __-___..____.______._.______,,___.-_..$ 24,300,000

Capital Outlay _...__.._,,..,,__.,,_.,,,,.__.._._,,_..___ $ 2,000 000

Authority Lease Rentals _.__....._...__..._...__.._.__ $ 22,449,988

Total Funds Budgeted _..___--______.___________._.__.___ $ 435,370,472

Indirect DO AS Services Funding ___.___.__________$ --0--

State Funds Budgeted _____._.._______.,,_-_______,,____.$ 288,807,472

Total Positions Budgeted

16,275

Provided, that from appropriated funds in A, the amount of $22,449,988 in F.Y. 1979 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.

TUESDAY, FEBRUARY 28, 1978

1969

Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the Fiscal Year to pay the annual lease contract commitments for the acquisition of prop erty as provided for in the provision of the State Con stitution. The Board of Regents shall immediately report the same to the State Budget authorities for approval, whose approval shall be evidenced in writing.

Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution 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 Govern ment, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.

Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System providing the amount so used does not exceed $2,000,000 more than the original budget estimate, unless prior approval is granted by the Fiscal Affairs Subcommittees of the Senate and House of Representatives.

Provided, that revenue from student fees which ex ceeds the original budget estimates of student fees by $2,000,000 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 from the above appropriated amount for capital outlay, $2,000,000' is specifically appropriated for renovations and improvements of physical plant facilities.

Provided, that of the above appropriation, $150,000 is designated and committed to the Botanical Gardens at the University of Georgia.

1970

JOURNAL OF THE SENATE,

2. Marine Resources Extension Center Budget:
Personal Services ..------.--...........--....-..----....$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Com puter Charges, Per Diem and Contracts, and Real Estate Rentals .__.._,,.._.__,,______.__.-,, ? Total Funds Budgeted .__.._.._..___-_.....-._.$ Indirect DOAS Services Funding -__-..--.----..$ State Funds Budgeted ......................................^ Total Positions Budgeted

304,584
180,716 485,300 --0-- 438,300
24

3. Skidaway Institute of Oceanography Budget:
Personal Services .................................-4
Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Com puter Charges, Per Diem and Contracts, and Real Estate Rentals ...........................4
Total Funds Budgeted __.~_~___~.~____.--_.$ State Funds Budgeted .................................$
Total Positions Budgeted

1,022,671
1,106,382 2,129,053
632,700 32

4. Marine Institute Budget:
Personal Services ...........................................^..$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Com puter Charges, Per Diem and Contracts, and Real Estate Rentals ................... ....^ Total Funds Budgeted ......................................^ Indirect DOAS Services Funding ....._._._.....$ State Funds Budgeted .....................................I Total Positions Budgeted

228,940
126,644 355,584 --0-- 355,584
11

5. Engineering Experiment Station Budget:
Personal Services ..............................................^
Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Com puter Charges, Per Diem and Contracts, and Real Estate Rentals ..........................^
Total Funds Budgeted ..^.......................^.^
Indirect DOAS Services Funding -...----------$ State Funds Budgeted .......................^..............^
Total Positions Budgeted

12,706,662
4,319,606 17,026,268
--0-- 2,695,400
294

TUESDAY, FEBRUARY 28, 1978

1971

6. Engineering Extension Division Budget:
Personal Services ................................................I Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Com puter Charges, Per Diem and Contracts, and Real Estate Rentals ._____-_.--...-__-_-$ Total Funds Budgeted _.___...,,.._._._._.___.__..,,..____.__.$ Indirect DOAS Services Funding ___._,,______.___.$ State Funds Budgeted ._....-..........---...__........... $ Total Positions Budgeted

658,203
365,757 1,023,960
--0-- 309,800
44

7. Agricultural Experiment Stations Budget:
Personal Services .._.._,,_..__........,,..__._...___.$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Com puter Charges, Per Diem and Contracts, and Real Estate Rentals -..-_........._...,,__._..$ Total Funds Budgeted _....,,.....-,,__._..,,..........,,. $ Indirect DOAS Services Funding ...__.._,,..__,,..$ State Funds Budgeted ....._..-......__.....-..._...._.,,..$ Total Positions Budgeted

11,967,000
5,298,900 17,265,900
--0-- 11,324,900
808

Provided, that of the above appropriation for the Agricultural Experiment Stations, $100,000 is for addi tional funding for technicians and laborers.

8. Cooperative Extension Service Budget:
Personnel Services __.___._____.__-__.__.__--___~____-.__._.$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Com puter Charges, Per Diem and Contracts, and Real Estate Rentals ...._............_....,,_......$ Capital Outlay ,,....._....._..... ,,__--_.-_..,,..-$ Total Funds Budgeted ..___.._._-.--._ $ Indirect DOAS Services Funding _.________,,____._.$ Total Positions Budgeted

16,475,132
2,336,068 60,000
18,871,200 --0-- 956

Provided, that of the above appropriation for the 'Cooperative Extension Service, $200,000 is for the pur pose of filling currently frozen County Agricultural Agent positions and for one new Floriculturist position at Tifton.
Provided, that of the above appropriation relative to Capital Outlay, $60,000 is designated and committed for improvements at Rock Eagle 4-H Center.

1972

JOURNAL OF THE SENATE,

9. Talmadge Memorial Hospital Budget:
Personal Services .._____.___,,_.___.___-___-__,,_____._,,_.,, $ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Com puter Charges, Per Diem and Contracts, and Real Estate Rentals _.__.,,,,,,.__._._$ Total Funds Budgeted .......................... ^ Indirect DOAS Services Funding ,,_.._.__._,,.__.$ State Funds Budgeted -.__..._..........._..-...-..-.,,$ Total Positions Budgeted

26,031,695
13,999,279 40,030,974
--0-- 16,079,900
2,555

10. Veterinary Medicine Experiment Station Budget:
Personal Services .._._-._.....,,...._......_....--.-..._.._- $ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Com puter Charges, Per Diem and Contracts, and Real Estate Rentals __..___.__,,.__-..__..._,,___.$ Total Funds Budgeted ............................ ^ State Funds Budgeted ......... ......--...-.-$ Total Positions Budgeted

499,528
335,572 835,100 835,100
31

Budget Unit Object Classes:

Personal Services .................................$ 361,956,355

Regular Operating Expenses, Travel, Motor

Vehicle Equipment Purchases, Publications

and Printing, Equipment Purchases, Com

puter Charges, Per Diem and Contracts,

and Real Estate Rentals __.____,,--______,,_._,,.$ 122,627,468

Teachers' Retirement ..................... ....^ 24,300,000

Capital Outlay .........................................^ 2,060,000

Authority Lease Rentals ........................^ 22,449,988

Total Positions Budgeted

21,030

B. Budget Unit: Regents Central Office ...............^ 13,127,287

1. Regents Central Office Budget:
Personal Services ...................... ......^........^ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Com puter Charges, Per Diem, Fees and Con tracts, and Real Estate Rentals ___._____-___._.$ SREB Payments ......... ^.......-...-$ Medical Scholarships ....... ....^. .... .^ Regents Scholarships _.._..........,,._._.....,,.,,..,,.. $ Grants to Junior Colleges -.-.---.-...-.---.$ Special Desegregation Programs ................... ^ Satellite Medical Facility Program .__.__.____,,_.$

1,896,089
413,748 2,309,000
400,000 200,000 5,281,450 750,000 500,000

TUESDAY, FEBRUARY 28, 1978

1973

Office of Minority Business Enterprise _._.,,_$ Total Funds Budgeted --._-_-_,,..-_.__,,.___,,__.$ State Funds Budgeted ,,..,,._,,.,,....,,.,,,,.......,,.....$ Total Positions Budgeted

100,000 11,850,287 11,850,287
98

2. Family Practice Residency Program Budget:
Personal Services ,,_____.--_._--__,,--__,,._____.--____.___$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Com puter Charges, Per Diem, Fees and Con tracts, and Real Estate Rentals ....................$ Capitation Contracts for Family Practice Residency ............................I New Program Development Contracts for Family Practice Residency ... ._..........._.$ Total Funds Budgeted ...... .....,,._.,,.,,$ State Funds Budgeted .................. $ Total Positions Budgeted

74,500
87,500 875,000 240,000 1,277,000 1,277,000
3

Budget Unit Object Classes:
Personal Services _..._._.-........_...__.._.___--._.. $ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Com puter Charges, Per Diem and Contracts and Real Estate Rentals __.___,,___,,,,____..__.___.___.$ SREB Payments .....---.,,._- ........$ Medical Scholarships ....._.. -- ....,,... $ Regents Scholarships -.............._$ Grants to Junior Colleges -_.....-._.-$ Special Desegregation Programs __,,.______.__.___$ Satellite Medical Facility Program __......_._.__..$ Office of Minority Business Enterprise _._._____.$ Capitation Contracts for Family Practice Residency .._.....-_...._.-_._....$ New Program Development Contracts For Family Practice Residency _,,.___._,,......._.$ Total Positions Budgeted Passenger Carrying Motor Vehicles

1,970,589
501,248 2,309,000
400,000 200,000 5,281,450 750,000 500,000 100,000
875,000
240,000 101 0

Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $675 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student.

It is the intent of this General Assembly that any grants awarded under the Special Desegregation Pro gram be limited strictly to residents of the State of Georgia as the same is, or hereafter may be, defined by the admissions office of University Systems of Georgia.

1974

JOURNAL OF THE SENATE,

Provided, that of the above appropriation relative to SREB payments, the one million dollar appropriation for the School of Medicine at Morehouse College shall be made available to the School of Medicine on or after July 1, 1979, provided that the School of Medicine re ceives provisional accreditaton as a two-year program in basic medical sciences.

Section 39. Department of Revenue. Budget Unit: Department of Revenue .._.._..-_.$ 27,100,737

1. Executive Administration Budget:
Personal Services _-._...,,_._.._._._._.._,,..._...$ County Tax Officials/Retirement
and FICA ..______._.___________._...............I Regular Operating Expenses ._..__.___._.-__-..__-.$ Travel ...._..__...._...__________.._.____,,__.___..__.__. $ Motor Vehicle Equipment Purchases ._____--- $ Publications and Printing _._-......,,.._...._.._....$ Equipment Purchases --_-___--_--_,,_._____,,_,,--.$ Computer Charges __.......____,,._.._..__..,,.,,..,,._...$ Real Estate Rentals ..._..-_-,,__-..___.-.-..---$ Telecommunications --._.,,----_.--_--.----------. $ Per Diem, Fees and Contracts _._....._-_-...--.$ Postage -.._._..._-._,,._....._,,....__.,,-_.--....-.$ Total Funds Budgeted _._____.____._-_-----.$ State Funds Budgeted ...._.............._.._.__......._..$ Total Positions Budgeted

698,000
515,000 136,000 10,000
5,000 190,000
9,148 7,500 8,300 25,000 6,000
200 1,610,148 1,610,148
39

2. Motor Vehicle Administration Budget:
Personal Services __,,.__.___.____.___-____.._____-.-..$ Regular Operating Expenses .....__..__.------...$ Travel .,,,,,,,,._..._._.__........_._.._...,,_..-._._.-....-.$ Motor Vehicle Equipment Purchases ____________ $ Publications and Printing ...._...__.._..._..........,,.$ Equipment Purchases -...,,...---.,,-.-.._..-._-------.$ Computer Charges .-...-..._....___.-...__._.._.-.-.$. Real Estate Rentals .__,,...._....___.._._._._.-.-? Telecommunications --____--_____--------.--_----$ Per Diem, Fees and Contracts ......------.--_--.-.$ Motor Vehicle Tag Purchases .,,__..__.___._-_____..$ Motor Vehicle Decal Purchases ..._._..-..-....._...$ Postage ..-...._.-_-._....-_-..-.-._.._...--..._.._.-_- ? Total Funds Budgeted ,,._.....__...,,,,.,,.._......_..$ Indirect DOAS Services Funding _............_.-$ State Funds Budgeted __.,,.._.._......_..._..____-.$ Total Positions Budgeted

3,417,463 201,950 4,000 --0-- 188,500 56,645
1,288,537 20,000 67,500
--0-- 1,964,000
340,000 865,000 8,413,595 --0-- 8,413,595
305

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $1,964,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the pro-

TUESDAY, FEBRUARY 28, 1978

1975

duction of at least 3,700,000 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 --_..._.-...__.._...,,..,,.._-.,,.$ Computer Charges _...--.._..,,.._,,--........_.._.._.._.. $ Real Estate Rentals .___.________..___--_.___.____,,__,,___..$ Telecommunications --_,,..----_.,,._.--_.._._.._--_ $ Per Diem, Fees and Contracts .-_.--,,.----.,,._..$ Loans to Counties/Property Reevaluation ... $ Grants to Counties/Appraisal Staff ,,...--...._. $ Intangible Tax Equalization Fund .._..-_--._.._ $ Postage ..._.._..--_---_--..--.._-_-_._.,,.__.-..._..$ Total Funds Budgeted ______,,-_____.,,__.__.___,,____.$ Repayment of Loans to
Counties/Property Evaluation ._.______,,,,_.$ Indirect DOAS Services Funding --..--_--..._.$ State Funds Budgeted _...__.._......._._..._...,,_..$ Total Positions Budgeted

844,000 30,160 53,000 10,000 56,000
4,000 435,800 --0-- 20,000 46,000
1,450,000
10,000 2,958,960
--0-- 2,958,960
58

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 --,,..----_.._.--.---_---__.$ Computer Charges ,,.,,.-_.-_..-...--..--.-_--_......$ Real Estate Rentals ._............._......._..__._........$ Telecommunications ..._._.._...,,.__...__,,-_-....... $ Per Diem, Fees and Contracts --.--.--..--.--,,--$

950,989 33,390 3,000 --0--
56,500 750
422,825

1976

JOURNAL OF THE SENATE,

Postage ----.--------------------------.$ Total Funds Budgeted .__.___..._._,,___.____._____,,____.$ Indirect DOAS Services Funding __,,___._,,___.,,__$ State Funds Budgeted .._...._.,,........,,......._..........$
Total Positions Budgeted

65,000 1,554,854
--0-- 1,554,854
79

5. Motor Fuel Taxation Budget:
Personal Services ._.......-_..__._...,,_.....,,___..............$ Regular Operating Expenses __,,...._..__...._.,,--_ $ Travel -- --- -- -- - - -- -- -- ------^ Motor Vehicle Equipment Purchases __,,__,,----$ Publications and Printing .,,._..._-.....__..._.._.......$ Equipment Purchases __...-._-.._-..__......_-.-..--..--.$ Computer Charges _._.__.,,__-.__.________-,,__--_._--$ Real Estate Rentals ,,...---.--------$ Telecommunications _.--.,,....,,.-_..--..---,,....--_.._... $ Per Diem, Fees and Contracts --___,,--_--_,,--_--.$ Postage -.........-,,....-.._-...-..._...._....,,...-._....._..-$ Total Funds Budgeted .,,-__.._......... ._.-..,,$ Indirect DOAS Services Funding ....................I State Funds Budgeted ...... .-.__._..-....._.-...$ Total Positions Budgeted

424,350 6,250 2,500
--0-- 28,000 1,995 192,500
--0-- 12,400
--0-- --0-- 667,995 --0-- 667,995
35

6. Income Taxation Budget:
Personal Services _..,,_.. ....--.--...-..---.---$ Regular Operating Expenses _________,,_,,----.--...$ Travel ...... _.___._.-,,._-.----$ Motor Vehicle Equipment Purchases .._--.... $ Publications and Printing _,,_____.____,,____.,,_.__.$ Equipment Purchases -----_--__--__--__--,--------.$ Computer Charges --.---- .- ... ..-.-$ Real Estate Rentals ------.- -- ------$ Telecommunications ,,...__.,,_...__...__..._..__-.__..._ $ Per Diem, Fees and Contracts .._-__._..,,--__......$ Postage -------- ----- ... . ^ Total Funds Budgeted ___.._____.___,,_,,_.___.._-____._.$ Indirect DOAS Services Funding ......_.._.._..__..$ State Funds Budgeted - -- --.---------$ Total Positions Budgeted

1,514,000 104,700 2,700 --0-- 230,000 5,475
1,370,000 --0-- 36,500 --0-- 150,000
3,413,375 --0--
3,413,375 115

7. Alcohol and Tobacco Taxation Budget:
Personal Services .,,__.._._-.,,._--.--------.$ Regular Operating Expenses ...........--...-.........I Travel - -- ----------.--------^ Motor Vehicle Equipment Purchases ,,._._--__..$ Publications and Printing -_----------$ Equipment Purchases -.--------------------.$ Computer Charges _...........-...-.--...,,.--------... $ Real Estate Rentals ___._____,,__._..__.-._-__.-__.-..-$ Telecommunications _...--_..._._----.------...--._...$ Per Diem, Fees and Contracts -..,,_.-._....._..--...$

1,784,003 184,920 40,000 --0-- 12,000 2,790 75,300 2,500 40,000 5,000

TUESDAY, FEBRUARY 28, 1978

1977

Postage ............................................................^
Total Funds Budgeted ........................$ Indirect DOAS Services Funding ....-.....,,-......$ State Funds Budgeted .._.....-__........._........__..._..._.$ Total Positions Budgeted

2,300
2,148,813 --0--
2,148,813 112

8. Reciprocities and Research Budget:
Personal Services ..---..- .... ... __-....__$ Regular Operating Expenses __........._._..........__.$ Travel ,,__-____.-__.___________,,___.._____.__________.__._.__._,,$ Motor Vehicle Equipment Purchases --.,,...._. $ Publications and Printing .............._...___.............$ Equipment Purchases _.........._......._..__...........,,,,$ Computer Charges -.-._.__.________-- ....._._......._...$ Real Estate Rentals -_.-_..._._.__._._.,,_.__$ Telecommunications _.----,,_---------.._..._.--...,,.$ Per Diem, Fees and Contracts _.,,--..,,...._.-....--.$ Postage --,,--_.----.-..-___-,,_.,,________$ Total Funds Budgeted ,,._........_,,......._._....._.__..__..$ State Funds Budgeted ._...._...,,..._...,,.$ Total Positions Budgeted

133,661 23,220 2,500 --0-- 3,000 --0-- --0-- --0-- 3,000 --0-- --0-- 165,381 165,381
7

9. Central Audit Budget:
Personal Services ..--...._...._......._.,,...._._-._._..._..._.$ Regular Operating Expenses ___----_..--__._---- $ Travel ,,...._...__....._...._......_..,,_,,._.._.._....,,.__.___ $ Motor Vehicle Equipment Purchases ._....--.....$ Publications and Printing ___.._.......__..._..............$ Equipment Purchases ._._....._._...._......_......._......$ Computer Charges -- ...-. .... ---..-- - -- $ Real Estate Rentals ......--..-__-....,,............_..__.....$ Telecommunications --_--._.___.__,--,,-----_____.--.$ Per Diem, Fees and Contracts ..,,...._._...--..,,__,,$ Postage ................................. ....^.^ Total Funds Budgeted ......_......__....._._..._._..._...._.$ State Funds Budgeted ...._..._..._......,,._......__.__.__..$ Total Positions Budgeted

1,544,000 13,380
305,000 --0--
8,000 1,000 4,000 8,500 15,000 --0--
800 1,899,680 1,899,680
78

10. Field Audit Services Budget:
Personal Services ................................................I Regular Operating Expenses ....,,----_-------- $ Travel ....._.___..__.._..,,......_.__.....__......... .._..__...._..$ Motor Vehicle Equipment Purchases _.___,,_--_ $ Publications and Printing .._........._._...........,,.,,._.$ Equipment Purchases ...-..-.___-.-..-_-..-._,,.....---...$ Computer Charges ,,.....____._..........._......_._.,,........$ Real Estate Rentals . .... ^.... ......... ^ Telecommunications .......-...._,,...._...... ..._...........$ Per Diem, Fees and Contracts .,,......._..._,,.......$ Postage _.._....._,,.....___.-...-._.-...-.._-..........,,_...__..... $ Total Funds Budgeted .................$ State Funds Budgeted .._._...........__,,......_..... ...._ $ Total Positions Budgeted

3,587,000 61,900 237,000
--0-- 10,000 9,050 101,000 120,186 100,000 7,100 34,700
4,267,936 4,267,936
255

1978

JOURNAL OP THE SENATE,

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 ..._._..._.,,._.__._--_...-...$ Computer Charges ............................^ Real Estate Rentals _._.._...._,,__._,,_,,___.,,_.__ $ Telecommunications __,,..._--.....--.--_----,,.- $ Per Diem, Fees and Contracts .........................^ Loans to Counties/Property Reevaluation ... $ Grants to Counties/Appraisal Staff ............^ Motor Vehicle Tag Purchases ......................... ^ Motor Vehicle Decal Purchases _.__._..-_--...$ Intangible Tax Equalization Fund ___.___,,--__.$ Postage __--_-.---_...................... ..4 Total Positions Budgeted Passenger Carrying Motor Vehicles

14,897,466
515,000 795,870 659,700
15,000 782,000 90,853 3,897,462 159,486 341,800
64,100 --0-- 1,450,000 1,964,000 340,000 --0-- 1,128,000
1,083 111

Section 40. Secretary of State. Budget Unit: Secretary of State .......................$ 8,700,353

1. Occupational Certification Budget:
Personal Services ...................................... ^ Regular Operating Expenses _..._.._...,,.._...._.._..$ Travel ______ ... -_.---__--_,,.---.-- $ Motor Vehicle Equipment Purchase _,,_--_.-- $ Publications and Printing ...........................$ Equipment Purchases ................................... ^ Computer Charges .....................................^ Real Estate Rentals ....._..._..........-.___..-..._-.-. $ Telecommunications ___.________..___,,__.___,,_..__.._.,,..$ Per Diem, Fees and Contracts ,,......_.._...-..,,..$ Total Funds Budgeted ............................... . j State Funds Budgeted ...._...._...___..__..._._-_...... $ Total Positions Budgeted

1,911,054 805,070 98,220 --0-- 137,670 25,178 20,000 43,150 70,000 305,791
3,416,133 3,338,291
146

Occupational Certification Functional Budgets

Accounting ..... Architect ........ . Athletic Trainers Auctioneers .......^ Barbers .......... Chiropractic .... Cosmetology ..... Dentistry .........

State Funds

..^ 143,512 .^ 33,664 .$ --0--

.^

5,700

..^ 88,647

.^ 5,330

..^ 209,375

..J^ 75,421

Cost of Operations Pos.

f 247,927 2

f 47,575 1

5 -0-

0

$

7,536 0

$ 119,807 6

f

7,384 0

$ 262,736 13

$ 134,361 2

TUESDAY, FEBRUARY 28, 1978

1979

State Funds

Electrical Contractor -- . --. . . ....$

Engineers _..__-.______._ ___.._____._____. ....... * Forestry .,,......,,._...,,........ ... ........... -$

Funeral Service ._._ ...... ...

*

Geology .... _________________ ........ ... $

Hearing Aid -- _.-....-- ..... ......... -$

Landscape Architect ... ~_ _._ __. ? Librarians ___.--.__________. _________._.._.__. $ Marriage and Family Counselors -$

Medical Examiners .-____________,,____. * Nursing Home Administrators ....-*

Board of Nursing ..... ....

*

Dispensing Opticians ...... ......... $ Optometry ___.___.__ ................ $ Occupational Therapy __________ .... $ Pest Control ___.__.__,,.__.._.,,___..._.______. * Pharmacy ,,___--___--______ ....... .... -$

Physical Therapy ........._.__--__.--_.. $ Plumbing Contractors ....... ..... .$

Podiatry ... ............ ...... .._.,,....._. $ Polygraph Examiners -___--___--. * Practical Nursing .. .... .... . .... . $

Private Detective _____--__,,_____._-_. ?

Psychologists

$

Real Estate __.... .......... _.__... $
Recreation ......... ......._______..._________. * Sanitarian _____ ....... ...... _.____.__. $

Speech Pathology

*

Used Car Dealers ..--._--_ ...... ...... $

77,444 177,268
5,480 56,245 12,750 3,750 5,950
100 8,475 336,728 21,598 208,000 5,080 9,077 4,860 21,462 71,752 16,550 26,319 2,950 2,520 94,932 93,465 6,788 478,292 3,130 1,880 3,660 38,614

Used Car Parts _____.,,_.___.__.-___,,...

7,300

Veterinary _______-.__._____,,_________,,_ * 15,067

Warm Air and Hearing Contractors ...... _..-- ..,,._....--.. - $

20,315

Wastewater ..... ..._._--...... ._..__. $ 21,711

Well Water __.___-_-_.,,_.____.__-___ $ --0--

Administration _____ _____ ..... ..... $ 540,488

Investigative _,,_--________..-_-__--_ $ 376,642

Total _.-..._._ .......................... $ 3,338,291

Cost of

Operations Pos.

$ 98,290 3

$ 256,836 6

$ 15,685

0

$ 72,395

3

$ 19,978

0

$ 10,944

0

$

7,124 0

$

5,574 0

$ 11,485

0

$ 507,278 11

$ 32,424

1

$ 379,246 12

$

8,090 0

$ 12,565

0

$

6,218 0

$ 29,940 1

$ 477,547 3

$ 20,952 0

$ 39,861

1

$

4,049 0

$

3,770 0

$ 136,700 3

$ 120,809

7

$ 16,037

0

$ 539,524 23

$

4,010 0

$

8,119 0

$ 16,321

0

$ 52,818 2

$ 10,604 0

$ 27,033

0

$ 24,499

0

$ 26,298 0

$ --0--

0

$

25

$

21

$ 3,830,349 146

2. Securities Regulation Budget:
Personal Services _--,,.,,._ .._--.,,--...... Regular Operating Expenses _..._....... Travel ,,__.-_,,_._,,_._.____...,,,,.._..__..,,,,_ Motor Vehicle Equipment Purchases Publications and Printing ________________ Equipment Purchases .____--_-__.____. Computer Charges ____.--___._.__._.__. Real Estate Rentals .___--_________,,. Telecommunications ._.-..,,...,,_..._.,,,,.

292,500 15,180 6,500 5,000 2,500 2,500

1980

JOURNAL OF THE SENATE,

Per Diem, Fees and Contracts ._._...._._....,,.....$ Total Funds Budgeted ___,,_,,.._,,_.,,_,,__._.__..___.,,_ $ State Funds Budgeted .................................. ^ Total Positions Budgeted

--0-- 330,180 324,625
16

3. Corporations Regulation Budget:
Personal Services ........................ .^, Regular Operating Expenses __...__.__--_----._.$ Travel .._......__.._.,,_...__.._.._.._...._..,,._...._...._.._.._...._.$ Motor Vehicle Equipment Purchases ...__...._....$ Publications and Printing ............. ....^ Equipment Purchases ._,,-_.__..___-,,._,,___..__._..__- $ Computer Charges __..,,.___.,,_..__._.__._.________._____._.$ Real Estate Rentals ....................... ^ Telecommunications ...-,... .... -.....-.--.$ Per Diem, Fees and Contracts ___.__....--..------$ Total Funds Budgeted ._...,..-_..-......-._-...._-......$ State Funds Budgeted -...-......_.._........_......_-...-.$ Total Positions Budgeted

317,000 42,695 1,500 --0-- 6,000 12,400 30,000 38,600 9,500 --0-- 457,695 457,695
27

4. Drugs and Narcotics Budget:
Personal Services ...............................$ Regular Operating Expenses ____.-___._.,,,,_.____ $ Travel ......_._..._-.._.__-..__..._-..._.._....-.-.._....--_.. $ Motor Vehicle Equipment Purchases ._.._.--.....$ Publications and Printing _______._,,___._-___-_--,,--__$ Equipment Purchases ....................................-..$ Computer Charges .._,,--.....___.-_..--.--.--------..$ Real Estate Rentals ........................... ^ Telecommunications ................................. ^ Per Diem, Fees and Contracts _...___.____._--_..,,_.$ Total Funds Budgeted ,,...__..__._............._._......__.$ State Funds Budgeted .................... .4 Total Positions Budgeted

306,800 30,000 21,850 8,600
300 9,825 --0-- --0-- 4,800 --0-- 382,175 382,175
15

5. Archives and Records Budget:
Personal Services ........................ ...^ Regular Operating Expenses ._...._...-.,,..._....-.. $ Travel ..-...___.......__...._-..-..._..-._....._-_-.._.....-.-...$ Motor Vehicle Equipment Purchases .............-^ Publications and Printing ............ ..^ Equipment Purchases ........................^ Computer Charges ....................................^ Real Estate Rentals .__-........-......._..._.......-._.-...$ Telecommunications ...........................^ Per Diem, Fees and Contracts ,,.,,..._....,,..-..._...$ Authority Lease Rentals .....................^ Total Funds Budgeted ..................... ^, State Funds Budgeted _._._.._,,_-___..___-_._-___.._-,,. ? Total Positions Budgeted

1,122,913 126,210 28,000 --0-- 17,100 60,000 --0-- 28,800 32,800 3,900
1,000,000 2,419,723 2,419,723
81

TUESDAY, FEBRUARY 28, 1978
6. General Services Budget:
Personal Services ...............................................I Regular Operating Expenses -....--.-___-......,,.._$ Travel __-__.___,,___._,,__.._.____._-______.________________..._._,,__. $ Motor Vehicle Equipment Purchases _,,._..___--.$ Publications and Printing ...-..--.,,..........-__-....$ Equipment Purchases ___._______-_,,_,,_--_._......_,,._.____$ Computer Charges ...._..._..-.....-.......__......___..._..__.$ Real Estate Rentals ......_-__.....___...-.__...-..._..........$ Telecommunications ---.._-..._..--..._.-........_.._._.....$ Per Diem, Fees and Contracts .._......._._...__...._.$ Total 'Funds Budgeted ......,,......_._.,,..................$ State Funds Budgeted ....-...................._..._......,,..$ Total Positions Budgeted
7. Internal Administration Budget:
Personal Services ___-__-.___.___-__.___..____...__..___.._____..$ Regular Operating Expenses ..........................I Travel ,,._,,.,,_,,________,,__,,___,,_______.__.____,,.____.,,_._,,_.___$ Motor Vehicle Equipment Purchases .._-....--_ $ Publications and Printing ...............................I Equipment Purchases ___,,________-___.________._______,,_.$ Computer Charges _,,.--.-----.---_-..---...--...-_.,,.$ Real Estate Rentals .._._..-_.....-_._..._......._.......-$ Telecommunications __-._-----_---_.__,,.____,,____.._-- $ Per Diem, Fees and Contracts __..-_......,,.......,,.$ Total Funds Budgeted ....,,.....,,......................_...$ State Funds Budgeted ........._.,,..._.....,,_.....,,......$ Total Positions Budgeted
8. Bicentennial Commission Budget:
Personal Services ...___.......,,..._..___....._....-...___--$ Regular Operating Expenses --_------._----_.--$ Travel ..._._._......,,.....,,_._...___,,._._........._._.._,,.....$ Motor Vehicle Equipment Purchases _......._._,,.$ Publications and Printing ,,.,,__.._____.._____._._____._.$ Equipment Purchases .....-_._,,._-.,,.._....._.,,_._..,,-$ Computer Charges _..---......_.....--._...--._._--...._._.$ Real Estate Rentals ___.___._._____.___.____..___._._____._.$ Telecommunications .._....---.-__-....___...._._...__.....$ Per Diem, Fees and Contracts --..__-__.._.....____ $ Total Funds Budgeted ___._____,,,,_____._._._._._._._..__,,.$ State Funds Budgeted _______.__.,,________._.___._._.___._. $ Total Positions Budgeted
9. State Campaign and Financial Disclosure Commission Budget:
Personal Services ......_....._._.___...-_._.......-_.__...._.$ Regular Operating Expenses ,,--._._,,--..___.......-$ Travel ........_,,....,,..-__....._...........__.._........_......... $ Motor Vehicle Equipment Purchases _____________ $ Publications and Printing -..._.._._.._....____.....$

1981
524,000 59,415
1,900 --0-- 132,000
5,000 --0-- --0--
16,500 16,500 755,315 755,315
37
491,000 106,230
9,000 --0--
80,000 3,000
250 3,600 10,500 1,000 704,580 704,580
30
40,951 28,750 2,550 --ft-- 2,000 --0-- --0-- 2,820 1,250 --0-- 78,321 78,321
2
58,328 10,260 9,000 --0-- 11,600

1982

JOURNAL OF THE SENATE,

Equipment Purchases --------------------$
Computer Charges __-___--___._____-_.___--__$ Real Estate Rentals ____.___.__.__-._,,_____.__$ Telecommunications ------------.--_------$ Per Diem, Fees and Contracts ---- ---------- $ Total Funds Budgeted ___________________,, $ State Funds Budgeted ------_..------.---------- $
Total Positions Budgeted

515
--0-- 3,885 4,000 11,600
109,188 109,188
3

10. Elections and Campaign Disclosure Budget:
Personal Services .----------------------$ Regular Operating Expenses --.--------,,_----.$ Travel --------------_--------------------? Motor Vehicle Equipment Purchases --------$ Publications and Printing _,,____._____-__.$ Equipment Purchases __________--_________$ Computer Charges ___--_----____-_--__________-. $ Real Estate Rentals _._.___.___...___.__.________$ Telecommunications ___--_--____--__--_.-__------$ Per Diem, Fees and Contracts _____ _________ $ Total Funds Budgeted _______-,,._.____._______.$ State Funds Budgeted _-.,,_______,,_..___.__-______ $ Total Positions Budgeted

140,500 13,840 1,600 --0-- 8,000 1,000 --0--
--0---
3,500
2,000 170,440
170,440
9

Budget Unit Object Classes
Personal Services ____________.____________.__.___.$ Regular Operating Expenses _____.___.._____.$ Travel .._..._________..____.._____.__________$ Motor Vehicle Equipment Purchases ______,,.$ Publications and Printing .__..____.____.____$ Equipment Purchases _.___-__.._____._.__$ Computer Charges _.,,___________-_________$ Real Estate Rentals.____.______.____-__$ Telecommunications --________-------- $ Per Diem, Fees and Contracts --------_----$ Authority Lease Rentals _.--------------------$ Total Positions Budgeted Passenger Carrying Motor Vehicles

5,205,046 1,237,650
180,120 13,600 397,170 119,418 50,250 120,855 158,850 340,791 1,000,000
366 47

Section 41. State Scholarship Commission.
Budget Unit: State Scholarship Commission _______________.______$

13,190,280

1. Internal Administration Activity Budget:
Personal Services _.__._____._____...____$ Regular Operating Expenses .____-___--$ Travel-----------___,,__.__.__.____..___$ Motor Vehicle Equipment Purchases .____.$ Publications and Printing _._.____----_-$ Equipment Purchases _--__________$

818,862 74,805 24,400
--0-- 13,000 6,567

TUESDAY, FEBRUARY 28, 1978

1983

Computer Charges .--........................................if
Real Estate Rentals ----.-_.._....._...__...___.._____$ Telecommunications ----------._,,--.-__--____,,____. $
Per Diem, Fees and Contracts -_--.___.______,,_____$ Total Funds Budgeted .-.-.....-__.........._______._____.$ State Funds Budgeted ..__-........__-..._________.______$ Total Positions Budgeted

99,130
67,192 24,000
63,315 1,191,271
--0-- 56

2. Higher Education Assistance Corporation Budget:
Payment of Interest and Fees -__...-_...._...__...._.$ Total. Funds Budgeted _._,,______,,______..____,,,,____$ State Funds Budgeted .,,..._...._......_...,,..._....._.$ Total Positions Budgeted

406,000 406,000 338,000
0

3. Higher Education Assistance Authority Budget:
Direct Guaranteed Loans ______.______._______._____.$ Tuition Equalization Grants .___--______________.$ State Student Incentive
Scholarships -__,,___--.___..___-_____.___--._-______$ North Georgia College
ROTC Grants -....--..-........-......-.................I Total Funds Budgeted __.._-_...-......_.._._.__....$ State Funds Budgeted _..__..._...._....._._.. $ Total Positions Budgeted

2,605,000 8,368,400
3,175,374
60,000 14,208,774 12,812,280
0

4. Law Enforcement Personnel Dependents Scholarship Program Budget:
Law Enforcement Personnel Dependents Scholarships -.._....._.....,,....-,,._$
Total Funds Budgeted ~__-___.-._~-._--_._,,.$ State Funds Budgeted _,,_--_._..,,._._.__._...$ Total Positions Budgeted

40,000 40,000 40,000
0

Budget Unit Object Classes:
Personal Services ..-,,...,,.__._._......._.....-_...__..$ Regular Operating Expenses _----_--_--_------$ Travel.__-__._,,___--__.__.__-.....___....._.$ Motor Vehicle Equipment Purchases ._.--.--.$ Publications and Printing .-_-..._....._._.....-..$ Equipment Purchases -_,,...--_----.---_._-----$ Computer Charges .-...-......-....--.__......_...__.-.$
Real Estate Rentals .........__...._.....-......--..-I
Telecommunications ....._.__.._.__....----....$
Per Diem, Fees and Contracts ..__.--...._.-_.$
Payment of Interest and Fees .__..._..._.__..$
Direct Guaranteed Loans .-...._..___.,,....__-$
Tuition Equalization Grants ..._....._.._.._-_.....$
State Student Incentive Scholarships ....__..._______.__._._...._.$

818,862 74,805 24,400 --0-- 13,000
6,567 99,130 67,192 24,000 63,315 406,000 2,605,000 8,368,400
3,175,374

1984

JOURNAL OF THE SENATE,

Law Enforcement Personnel Dependents Scholarships -_.._--..._._...,,__.._$
North Georgia College ROTC Grants .................... j$
Total Positions Budgeted Passenger Carrying Motor Vehicles

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, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of direct guaranteed cancellable loans to
students.

Provided, that the above appropriated amount rela tive to Direct Guaranteed Loans shall otherwise be used to
provide guaranteed loans to students as provided for in
Georgia Laws 1969, p. 683, as amended. Provided further,
however, that of said appropriated amount, the amounts
designated below shall to the greatest extent possible
be used to provide cancellable loans to students as des ignated below pursuant to provisions relative to cancel lable loans set forth in Georgia Laws 1969, p. 683, as
amended, and Georgia Laws 1965, p. 210, as amended, to wit: (a) an amount not less than $1,435,000 is des ignated and committed for the purpose of providing cancellable loans to students in critical paramedical, pro fessional and educational fields of study approved for this purpose by the State Scholarship Commission pur
suant to Georgia Laws 1965, p. 210, as amended; (b) an amount not to exceed $100,000 is designated and com mitted for the purpose of providing cancellable loans to
students who are eligible members of the Georgia Na tional Guard as provided for in Georgia Laws 1977, p. 739, as amended; (c) an amount not to exceed $360,000
is designated and committed for the purpose of providing cancellable loans to classroom teachers seeking special education training; (d) an amount not to exceed $20,000 is designated and committed for the purpose of providing
cancellable loans to students who are to become agricul
tural teachers.

Provided, that from the above appropriated amount relative to the Payment of Interest and Pees, such funds as may be necessary shall be used to pay interest subsidy discount of 1.5% to lenders, other than educational insti tution lenders, on loans guaranteed by the Georgia Higher Education Assistance Corporation during fiscal
year 1978-1979.

Provided, that from any of the above appropriated amounts any available funds may be utilized by the Geor gia Higher Education Assistance Corporation for the

40,000
60,000 56 1

TUESDAY, FEBRUARY 28, 1978
purpose of paying interest and special allowance pay ments to lenders within thirty days after the end of each calendar quarter.
Provided that, the above appropriated amount rela tive to Tuition Equalization Grants provides 'for pay ment of grants of $600 per academic year to undergrad uate students attending private colleges as provided in Georgia Laws 1971, p. 906, as amended, and contemplates continuation of payment of the grant during the 1979 summer school term.
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 undergraduate students as pro vided by applicable State and Federal law, provided, however, that Georgia veteran students otherwise eli gible 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 ap propriated 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 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.
Provided, that of the above appropriated amount relative to Law Enforcement Personnel Dependents Scholarships $40,000 is designated and committed solely for the purpose of providing scholarships to children of law enforcement officers, firemen, and prison guards permanently disabled or killed in the line of duty, as provided by law.
Section 42. Soil and Water Conservation Committee.
Budget Unit: Soil and Water Conservation Committee _.._--_--.
Soil and Water Conservation Central Office Budget:
Personal Services _..._..._.._..____._____$ Regular Operating Expenses __.,,._.__..,,__$ Travel.-._--_-__-__....._._.___._._.____$ Motor Vehicle Equipment Purchases -_.--_--? Publications and Printing ____-_____-$

1985
459,458 241,423 27,279 29,900 --0-- 14,200

1986

JOURNAL OF THE SENATE,

Equipment Purchases ----._-.-__.___._,,__.____________$ Computer Changes ._.._--__._....._________.$ Real Estate Rentals ..-.--.-...__._._..........__.$ Telecommunications --...._.._.._._._._..._........ $ Per Diem, Fees and Contracts _._....__........_..$ Total Funds Budgeted ........-._.-_._.................I State Funds Budgeted .....------......-.--...-....I Total Positions Budgeted
Budget Unit Object Classes:
Personal Services ._........_.__...-_-...._._.-.-......_$ Regular Operating Expenses _----..---..-_--.$ Travel.--.--._.--.--..___...._..__~~--__.$ Motor Vehicle Equipment Purchases --.._----$ Publications and Printing _-._-_._-._-..--._.___.._.$ Equipment Purchases ..._---._..--_-----_..._$ Computer Charges -.-._--_...._._.__.--_--__$ Real Estate Rentals ..._..___...__._._.__...$ Telecommunications ____--___-__---,,._-..._._.-..$ Per Diem, Fees and Contracts ......-..-._.....-..-..$ Total Positions Budgeted Passenger Carrying Motor Vehicles

8,234 --0--
14,336 7,800 116,286 459,458 459,458
12
241,423 27,279 29,900 --0-- 14,200 8,234 --0-- 14,336
7,800 116,286
12 0

Section 43. Teachers' Retirement System.
Budget Unit: Teachers' Retirement System _..._..___..,,..._.--__._.. _-_._-$

4,477,700

Departmental Operations Budget:
Personal Services -_........_..._.-..-..,,._-..._.._._-.$ Regular Operating Expenses ._._.--...--.,,.,,....$ Travel _........._._._........._--......._....__...__--$ Motor Vehicle Equipment Purchases ..-_..-,,$ Publications and Printing .--------.----------$ Equipment Purchases _.__..-._......-..--.--._--.$ Computer Charges ----------------------$ Telecommunications .._.--...--_._----._.-._.--.$ Per Diem, Fees and Contracts _....-._._._..----.$ Floor Fund for Local
Retirement Systems __..--....-..-,,-._..-----$ Employer Contributions _.__._...._----_~_~-$ Total Funds Budgeted ._.-.._...__.-..-.....-....-.$ State Funds Budgeted _._....___._._.--.----$ Total Positions Budgeted

951,923 78,470 22,000 --0-- 24,000 12,000 315,000 27,000 89,100
760,000 3,717,700 5,997,193 4,477,700
60

Budget Unit Object Classes:
Personal Services ...___.__..____-.-.-~--~~- ? Regular Operating Expenses ..._--._.__....._-1 Travel._..._._._._.__...._.._...__-----_-__-$ Motor Vehicle Equipment Purchases ._.-_--$ Publications and Printing ._._...-_-.....-..__._? Equipment Purchases ____~--_____----$ Computer Charges _._____-____-------$

951,923 78,470 22,000 --0-- 24,000 12,000 315,000

TUESDAY, FEBRUARY 28, 1978

1987

Telecommunications ______________.__._.____________.$
Per Diem, Fees and Contracts ___________________..$ Floor Fund for Local Retirement
Systems -.._..-__...._.-.----_-------__----._____$ Employer Contributions ___--.--_______-$ Total Positions Budgeted Passenger Carrying Motor Vehicles

27,000 89,100
760,000 3,717,700
60 0

It is the intent of the General Assembly that from funds available the Teachers' Retirement System is au thorized to implement H. B. 15 of the 1975 Regular Ses sion of the Georgia General Assembly.

Section 44. Department of Transportation.
Budget Unit: Department of Transportation ____.___..____.___-._________________._.__$ 290,457,089

1. Planning and Construction Budget:

Personal Services _____------_----__--..--.._.$ 56,152,750

Regular Operating Expenses _--_----.--___. $ 3,343,437

Travel------_____.-___----..__------$ 1,201,047

Motor Vehicle Equipment Purchases ----__.? --ft---

Publications and Printing __._--.------.._________? 198,750

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

97,600

Computer Charges ._._--________.._____.$ --0---

Real Estate Rentals ----_____----_----_--_--$

33,200

Telecommunications ___________________________________ $ 488,037

Per Diem, Fees and Contracts ..----._._____.__$ 4,127,850

Capital Outlay .-_._.__..-._...._.__.._.--..$ 207,780,017

State of Georgia General

Obligation Debt Sinking Fund _..__.--_.--__. $ --0--

Total Funds Budgeted --_.._-_-_----------$ 273,422,688

State Funds Budgeted ______________--------$ 115,122,961

Total Positions Budgeted

3,402

2. Maintenance and Betterments Budget:

Personal Services --_----__--__..____..___.____.____.._$ 37,588,422

Regular Operating Expenses _--__....___$ 24,571,287

Travel _ ..__...._,,_._.._.--__.....__.__...___$ 202,655

Motor Vehicle Equipment Purchases ._..__.$

Publications and Printing .___-_______.___.____$

5,850

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

Computer Charges ________._._.-____$

Real Estate Rentals _.._______._.__.__$ --0--

Telecommunications --____..__.._.._.____.___ $

63,550

Per Diem, Fees and Contracts _.._......____$ 1,192,700

Capital Outlay ____.....__....__.__.__._.? 49,167,817

State of Georgia General

Obligation Debt Sinking Fund ...____...$ --0--

Total Funds Budgeted ....._.___.__.__......?$ 112,792,281

State Funds Budgeted .........___.____--._._$ 111,627,495

Total Positions Budgeted

3,514

1988

JOURNAL OF THE SENATE,

3. Authorities Budget:
Authority Lease Rentals ----.----------------$ State of Georgia General
Obligation Debt Sinking Fund .----.----_.$ Total Funds Budgeted ...----.----.------.----._ $ State Funds Budgeted _.----.----------_----._.$

24,636,594
3,732,759 28,369,353 28,369,353

4. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases ._------.$ Equipment Purchases _.._----------_----.--$ Capital Outlay __.._----------_.----------..------$ Total Funds Budgeted .----------------.------$ State Funds Budgeted _.__._____....__..$

2,296,758 721,900 315,428
3,334,086 3,234,086

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 -----------_---__-- $ Computer Charges .------_..._.----------_--$ Real Estate Rentals ----_-----------------------$ Telecommunications ------__-------------$ Per Diem, Fees and Contracts .----------.--$ Total Funds Budgeted .----.-----------_----_$ State Funds Budgeted _.--------.----..----.$
Total Positions Budgeted

5,878,900 2,702,030
99,349 --0-- 233,400 --0--
1,204,000
--0--
302,000
200,000
10,619,679
10,619,679
321

Appropriation of State funds in the foregoing De
partment of Transportation budgets shall be in con formity with and pursuant to Article III, Section X, Paragraph VII, subsection (b) of the State Constitution, and shall be in an amount at least equal to all money de rived from motor fuel taxes received by the Fiscal Divi sion of the Department of Administrative Services in the immediately preceding year, less the amount of re funds, 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 immediate ly preceding fiscal year and enter the full amount so de termined on the records of the State as being the appro priation payable in lieu of the amount appropriated
herein.

TUESDAY, FEBRUARY 28, 1978

1989

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 Gov ernment, including all cost items incident thereto. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto pro vided all expenditures for county contracts shall be in accordance with and on the basis of average prices 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 Statue 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 in cluded 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 debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transportation.

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

1990

JOURNAL OF THE SENATE,

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 submit to the State Auditor a copy of its regular annual audit not later than six months after the end of the fiscal year for which such audit is made. The State Auditor shall compare the amount of funds distributed to each county in such year under the provisions of Sec tion 92-1404, subsection (F) of the Motor Fuel Tax Law against the amount of funds expended by each county in such year for the purposes authorized by said Section.

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 _.._.._.._.._..-...__.....,,.._.._.- $
Capital Outlay--Appalachian Highway ..__.._._._._._._-._._.._._-..__._.-_-$
Capital Outlay--Paving State Schools and Institutions -__..__--._....._...$
Georgia Road Improvement Program ____--.$ Paving State Parks and
Historic Sites _,,._._._..........__....__._...........$
Maintenance and Betterments Capital Outlay--Rehabilitation Off-System __._.._-__._.._..._._..-..._--._$
Capital Outlay--Presidential Route Signing _______.-.__....----__._.$

395,144 5,835,143
750,000 5,000,000
300,000
16,000,000 10,000

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 III, Section X, Paragraph VII, subsection (b) 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

For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.

TUESDAY, FEBRUARY 28, 1978

1991

Provided, further, that a member of the governing authority of the municipality, designated by such au thority, shall execute an affidavit annually that funds received under this Section have been expended in ac cordance with the law and the Constitution, and file the same with the Fiscal Division of the Department. of
Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municpality in any future year.

Provided, further, that the above sums shall be dis tributed 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 ,,__----------------$ Computer Charges ------------------_---- $ Real Estate Rentals ----...--------__--_...$ Telecommunications ----...._----------__--.$ Per Diem, Fees and Contracts ----------_$ Total Funds Budgeted ....,.._....--------------$ State Funds Budgeted ----------------------$ Total Positions Budgeted

347,000 295,000
15,000 --0--
200 6,000 --0--
1 3,800
500 667,501 367,501
17

9. Inter-Model Transfer Facilities Budget:
Personal Services ------------------__....$ Regular Operating Expenses _----.----_----$ Travel------------------------__.....--------$ Motor Vehicle Equipment Purchases _---- $ Publications and Printing ------_----------$ Equipment Purchases --------------------$ Computer Charges ----._--_...----._---- $ Real Estate Rentals _--------_._--__... $ Telecommunications ----...___----....___._$ Per Diem, Fees and Contracts __..._....--$ Capital Outlay--Airport
Development ----------_.--_....._--------$ Capital Outlay--Airport
Operational Improvements ________.$ Mass Transit Grants ----------------_----$ Total Funds Budgeted ------___.--_------.$ State Funds Budgeted ..._------______.$ Total Positions Budgeted

341,801 11,850 12,450 --0-- 17,500
800 20,000 --0--
8,600 182,000
300,000
1,000,000 337,000
2,232,001 2,232,001
19

1992

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 .._.._...__......_.__.._...__..,,.. $ 100,308,873

Regular Operating Expenses .....--.._.._..___,,.$ 30,923,604

Travel-----------------------_-...$ 1,530,501

Motor Vehicle Equipment Purchases _..._._..$ 2,296,758

Publications and Printing -..._..._.._..__._.-...-$ 455,700

Equipment Purchases _,,________________.__.___,,__--._$ 826,300

Computer Charges ..-___._...-_..__-..__-.--.--.$ 1,224,000

Real Estate Rentals --..._-._._._..__._.__._,,...$

33,201

Telecommunications -__-.._-._._._--..__.._.._--._.$ 865,987

Per Diem, Fees and Contracts _,,.._.._._..____.$ 5,703,050

Capital Outlay _._..._._..-_____-.....-..._-----.$ 257,263,262

Mass Transit Grants _.__..__--,,.__._.._-...,,__.._..__$ 337,000

Grants to Municipalities .-.....,,..-__._.....__..-..$ 9,317,000

Harbor Maintenance Payments -_----_.----_---$ 250,000

Grants to Counties ..--......-..--..-..--.....--I 9,317,013

Authority Lease Rentals _,,-.,,_._....-_..-,,...-.$ 24,636,594

Capital Outlay--Airport

Development _..-._-_.____._..._...-___---,,...$ 300,000

State of Georgia General

Obligation Debt Sinking Fund ....._..__.......$ 3,732,759

Capital Outlay--Airport

Operational Improvements ,,._--_,,--..--_.-.$ 1,000,000

Total Positions Budgeted

7,273

Passenger Carrying Motor Vehicles

2,650

For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air trans portation services, and for contractual expense for har bor 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 10% 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 par ticipation. Provided, further, that the Department of Transportation is authorized to utilize State Airport De velopment Funds at 100% of the total cost of an in dividual airport project for airports owned by the State
of Georgia.

TUESDAY, FEBRUARY 28, 1978

1993

Provided, that the entire amount of the above al location for harbor maintenance payments is designated and committed for payment for harbor maintenance at Savannah.

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 relating to Capital Outlay, $55,000 is "designated and committed
for paving a parking lot of Georgia College in Milledgeville.

Section 45. Department of Veterans Service.
Budget Unit: Department of Veterans Service ___-___--__-_,,--__--___--_--_,,------___.-.$

7,169,627

1. Veterans Assistance Budget:
Personal Services _______,,__,,__,,____,,__,,_,,_____$ Regular Operating Expenses ,,_______.,,__...__$ Travel-----------------------------$ Motor Vehicle Equipment Purchases --__--_.$ Publications and Printing ..__._.___..._._..._.._..$ Equipment Purchases ------__----.-_,,--,,--_.-$ Computer Charges .,,,,._..-...,, ._..._..._..._._.__._.$ Real Estate Rentals ,,...._,,....__.--..___.__._..$ Telecommunications ._...,,------.---.----_.--,,..$ Per Diem, Fees and Contracts -__._-__....._.--._..$ Grants to Confederate Widows .._......_..._...,,$ Total Funds Budgeted .._._..._._.__....._..,,_...$ State Funds Budgeted ___-_________--____-___--___$ Total Positions Budgeted Passenger Carrying Motor Vehicles

2,150,835 77,700
62,000
--0-- 20,700 4,400
100 27,000 46,000 6,000 9,300 2,404,035 2,144,535
173 1

2. Veterans Home and Nursing Facility-- Milledgeville Budget:
Capital Outlay .__...__._._._..-._-...._.__--_..._$ Equipment Purchases -______-______--_.__--__---$ Operating Expenses/Payments to
Central State Hospital _..._.._._...-_...__....$ Total Funds Budgeted __-__...-,,..--,,...,,_--.--_.$ State Funds Budgeted ....,,..__._-_-._.---..-..$

312,000 25,000
4,581,828 4,918,828 3,737,141

3. Veterans Nursing Home-- Augusta Budget:
Operating Expense/Payments to Medical College of Georgia ___

._$ 1,958,638

1994

JOURNAL OF THE SENATE,

Total Funds Budgeted ------------------------$ 1,958,638 State Funds Budgeted --------------------$ 1,287,951

Budget Unit Object Classes:
Personal Services _.._----------------------$ Regular Operating Expenses ---------------- $ Travel --------------------------________.__$ Motor Vehicle Equipment Purchases ______$ Publications and Printing ------------------ $ Equipment Purchases ------------------------$ Computer Charges --------------------$ Real Estate Rentals _---------------------- $ Telecommunications --------------------------$ Per Diem, Fees and Contracts ----------------$ Capital Outlay _-----------------------------$ Grants to Confederate Widows --------_----$ Operating Expense/Payments to
Central State Hospital ------------------ $ Operating Expense/Payments to
Medical College of Georgia --------------$ Total Positions Budgeted Passenger Carrying Motor Vehicles

2,150,835 77,700 62,000
--0-- 20,700 29,400 100 27,000 46,000 6,000 312,000 9,300
4,581,828
1,958,638 173 1

Section 46. Workmen's Compensation Board.
Budget Unit: Workmen's Compensation Board ----------------_____ .--_--------$

2,397,825

1. Workmen's Compensation Administration Budget:
Personal Services ----__-_._--.__._____._.$ Regular Operating Expenses ----------_,,--$ Travel -________------------------------$ Motor Vehicle Equipment Purchases --------$ Publications and Printing __----------------- $ Equipment Purchases ------------------------$ Computer Charges ------_--------------------$ Real Estate Rentals ------------------------$ Telecommunications ------------------------$ Per Diem, Fees and Contracts ------------$ Total Funds Budgeted -------------------- $ State Funds Budgeted ------------------------$ Total Positions Budgeted

1,832,200 114,800 29,000 --0-- 26,000 5,225 110,000 58,641 55,000 26,000
2,256,866 2,256,866
109

2. Vocational Rehabilitation Budget:
Personal Services --------------------_._-- $ Regular Operating Expenses ---------------- $ Travel--____----__--_------------ $ Motor Vehicle Equipment Purchases ._.__--$ Publications and Printing ._._--_-_--------$ Equipment Purchases -_----._--_.__------$ Computer Charges _____._--__.____------$ Real Estate Rentals _.____--------------$

125,987 3,772
10,000

TUESDAY, FEBRUARY 28, 1978
Per Diem, Pees and Contracts ..__..__......._$ Total Funds Budgeted --.................................^ State Funds Budgeted _._..--.-_.._._-_.-__.__..$ Total Positions Budgeted

1995
--Q-- 140,959 140,959
8

Budget Unit Object Classes:
Personal Services --..._--_-..-__._._,,_.._.._..__ $ Regular Operating Expenses --_.--___..._________$ Travel ____-.___-_______-__................ .......^...$ Motor Vehicle Equipment Purchases --.__--$ Publications and Printing _...--.___.__...._..._..$ Equipment Purchases --..._........................... ^ Computer Charges .......................... .......^.......$ Real Estate Rentals ...................... ....$ Telecommunications .,,.__.__.___._._........_.._.. $ Per Diem, Fees and Contracts ........................^ Total Positions Budgeted Passenger Carrying Motor Vehicles

1,958,187 118,572 39,000 --0-- 27,000 5,425 110,000 58,641 55,000 26,000 117 0

Section 47. State of Georgia General Obligation Debt Sinking Fund.

A. Budget Unit: State of Georgia General
Obligation Debt Sinking Fund (Issued) -__._...-_--_--_-- ._-$ 32,488,616

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) .__.__.__.__..__.._-_.__ ..$

1,000,000

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 constructing a general cargo facility on Col onel's Island, Georgia, through the issuance of not to exceed $12,000,000 in principal amount of General Obli gation Debt.

Section 48. In addition to all other appropriations for the fiscal year ending June 30, 1979, there is hereby appropriated $27,666,950, based on a six percent (6%) salary increase, with a minimum of $550 per year and a maximum of $800 per year, to be effective July 1, 1978, for State employees. Provided further, there is hereby appropriated $5,283,050 to implement the Merit Sys
tem Salary Classification survey. For the University System employees, there is hereby appropriated $22,995,125 based on a seven and one-half percent (7%%) salary increase to be effective of July 1, 1978, for non-
academic personnel and fiscal year contracted personnel, and September 1, 1978, for academic year contracted personnel. For teachers, other instructional and sup portive personnel funded through the State Department

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JOURNAL OF THE SENATE,

of Education, there is hereby appropriated $41,669,570 for a seven and one-half percent (7 %%) salary increase to be effective September 1, 1978.
Section 49. In addition to all other appropriations for the fiscal year ending June 30, 1979, there is hereby appropriated $940,965 to increase the mileage reimburse ment rate for privately owned vehicles from twelve cents ($.12) per mile to fifteen cents ($.15) per mile, to be effective July 1, 1978.
Section 50. In addition to all other appropriations for the fiscal year ending June 30, 1979, there is here by appropriated $4,162,450 to fund to the Space Manage ment Act of the 1976 Session of the General Assembly, to be effective July 1, 1978.
Section 50A. It is the intent of this General As sembly that to the greatest extent feasible, the Georgia Building Authority (Markets) and the Georgia Build ing Authority (Hospital) utilize existing surplus funds for payments to bond trustees for unmatured issues to eliminate the necessity of debt-service appropriations in Fiscal Year 1979 and thereafter.
Section 51. This Appropriations Act includes the appropriation of $11,300,000 of Anti-Recession Fiscal Assistance funds for such items of appropriation in this Act as the Governor shall designate.
Section 52. It is the intent of this General As sembly that each and every agency, board, commission and authority receiving appropriations in this Act shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use such vehicles except for official State busi ness.
Section 53. It is the intent of this General Assembly that to the extent to which Federal funds become avail able in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal

TUESDAY, FEBRUARY 28, 1978

1997

year, which such supplanted State funds shall there upon be removed from the annual operating budgets.

It is the further intent of this General Assembly that the Office of Planning and Budget utilize its bud
getary and fiscal authority so as to accomplish the abovestated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Planning and Budget provide written notice to the members of the Ap propriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.

Section 54. 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 55. In addition to all other appropriations,
there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies col lected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No whole sale distributor of motor fuel shall be entitled to a re fund covering shrinkage in the process of retailing motor fuel as authorized by Act of Georgia General As sembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing motor fuel.

Section 56. No State appropriations authorized under this Act shall be used to continue programs cur rently funded by 100% Federal funds.

Section 57. 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 58. 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 appro priated for the fiscal year beginning July 1, 1978, and
for each and every fiscal year thereafter, until all pay-

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JOURNAL OF THE SENATE,

ments 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 insuf
ficient in any year to make the required payments in full, there shall he taken from other funds appropriated
to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and
the lease payment constitutes a first charge on all such appropriations.

The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease con tracts and such appropriations are to be paid from the
general funds of the State as a first charge upon General Funds.

Section 59. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Gover nor's recommendations contained in the Budget Report submitted to the General Assembly at the 1978 regular session, except as otherwise specified in this Act; pro vided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs, and activities subject to the condi tions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or ac tivity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond fiscal year 1979, and pro vided, further, that no funds whatsoever shall be trans ferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Sub committees in a meeting called to consider said trans fers. This Section shall apply to all funds of each budget unit from whatever service derived. The State Auditor shall make an annual report to the Appropriations Com mittees of the Senate and House of Representatives of all instances revealed in his audit in which the expendi tures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amend ments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expendi
tures as to objects, the Director of the Budget, except
as to the Legislative and Judicial Branches of the Gov
ernment, is authorized to allocate as to object such
funds as he deems proper, but he shall not approve any
operating budget containing any such allocation until
such shall be submitted and approved in the same man
ner and under the same conditions provided hereinbefore
for transfers.

TUESDAY, FEBRUARY 28, 1978

1999

Section 60. 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 P.Y. 1979 submitted to the General Assembly at the 1978 regular session.
Section 61. It is the intent of the General Assembly that for the purposes of this Act.
(1) Passenger-carrying motor vehicles are defined as sedans, pick-up trucks, vans, station wagons and other such vehicles for street and highway use, a sub stantial portion of which is for the primary purpose of transporting one or more people, and
(2) The number of passenger-carrying motor ve hicles indicated for each budget unit shall include leased vehicles and State-owned vehicles.
Section 62. 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 63. 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.

Section 64. TOTAL APPROPRIATIONS F.Y. 1979 _________-__-.__._-_-_-~-~-$2>379,691,195.

Section 65. This Act shall become effective upon its approval by the Governor or upon its becoming law with out his approval.
Section 66. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Tate of the 38th offered the following amendment:
Amend the substitute to HB 1224 offered by the Senate Committee on Appropriations by inserting between lines 16 and 17 on Page 98, the following:
"Provided, further, that at any time between July 1, 1978 and June 30, 1979, the Department of Human Resources determines

2000

JOURNAL OF THE SENATE,

that a percentage factor greater than 65% of the above standard of need can be used to calculate AFDC benefits payments as au thorized by this paragraph, the Department, subject to the approval of the Fiscal Affairs Sub-Committees of the House and Senate Appropriations Committees, may establish monthly benefit payments using a percentage factor greater than 65% which is reasonably calculated to permit the total appropriation for AFDC benefit pay ments to be used for such benefits without exceeding the total amount appropriated for AFDC benefit payments."

On the adoption of the amendment offered by Senator Tate of the 38th, 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:

Barker Barnes Bond Brantley Dean of 6th Evans

Fincher Greene Howard Hudson Johnson

Kidd Scott Stephens Sutton Tate

Those voting in the negative were Senators:

Allgood Banks Bell IVown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge English Foster

Gillis Hill Holloway Hudgins Kennedy Langford Lester McGill Overby Paulk Pearce

Those not voting were Senators:

Ballard Broun of 46th (presiding)

Stumbaugh Summers

Reynolds Riley Robinson Russell Shapard Starr Thompson Timmons Turner Walker Wessels
Traylor Tysinger

On the adoption of the amendment, the yeas were 16, nays 34, and the amendment to the committee substitute was lost.

On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.

The President resumed the Chair.

TUESDAY, FEBRUARY 28, 1978

2001

The 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 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 Thompson Timmons Turner Walker Wessels

Voting in the negative were Senators Bond and Tate.

Not voting were Senators Traylor and Tysinger.

On the passage of the bill, the yeas were 52, nays 2,

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

Senator Broun of the 46th moved that HB 1224 be immediately transmitted to the House.

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 1224 was immediately transmitted to the House.

The following resolution of the Senate was read and adopted:

SR 377. By Senators Hudgins of the 15th and Stephens of the 36th: A resolution recognizing Honorable Paul C. Broun.

2002

JOURNAL OF THE SENATE,

The President designated Senator Gillis of the 20th to assume the Chair.

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

HB 1574. By Representatives Cox of the 141st, Bargeron of the 83rd, Lord of the 105th and others:
A bill to amend an Act creating the Senate Board of Funeral Service and regulating the practice of embalming and funeral directing so as to provide that the State Board of Funeral Service will set the amount for all license fees and renewals received by the Board.
Senate Sponsor: Senator Paulk of the 13th.

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

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

Those voting in the affirmative were Senators:

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

Foster Greene Hill Holloway Howard Hudgins Johnson Kennedy Kidd Langford Overby Paulk Pearce Reynolds

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

Those not voting were Senators:

Allgood Banks
Duncan Evans Fincher

Gillis (presiding) Hudson Lester McGill

Riley Summers Traylor
Tysinger

On the passage of the bill, the yeas were 43, nays 0.

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

TUESDAY, FEBRUARY 28, 1978

2003

HB 1623. By Representatives Snow of the 1st, Karrh of the 106th, Carnes of the 43rd and others:
A bill to amend Code Chapter 24-26, relating to judges of the superior courts, so as to authorize judges of the superior courts to accept reimbursement of expenses incurred while attending any educational seminars, schools and programs.
Senate Sponsor: Senator Ballard of the 45th.

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

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

Those not voting were Senators:

Bond Duncan Fincher Gillis (presiding)

Hill Holloway Hudgins
Hudson

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

On the passage of the bill, the yeas were 44, nays 0.

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

The President resumed the Chair.

HB 1747. By Representatives 'Castleberry of the lllth, Buck of the 95th, Ware of the 68th and others:
A bill to enact the Historic Chattahoochee Compact; to provide for the purpose of said compact; to authorize the party states to identify,

2004

JOURNAL OF THE SENATE,

acquire, own, transport, renovate, maintain and display historic or military articles, exhibits and attractions.
Senate Sponsor: Senator Hill of the 29th.

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

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 Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

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

Those not voting were Senators:

Duncan Fincher

Hudgins Riley

Traylor Tysinger

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

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

HR 478. By Representatives Murphy of the 18th, Connell of the 87th and Snow of the 1st:
Senate Sponsor: Senator Robinson of 27th.
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 repeal Resolution Act No. 51, found in Ga. Laws 1977, p. 1557, which proposed an amendment to the Constitution pro-

TUESDAY, FEBRUARY 28, 1978

2005

viding for the recall of such 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 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 Of fice. 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 As sembly.
Paragraph II. Effect of Ratification of Revised Article. In the event an amendment to the Constitution completely revising Article II is ratified at the 1978 general election, the provisions of this Section shall not 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 for the recall of State, county and
( ) NO municipal public officials who hold elective of fice?"
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.
Section 3. Resolution Act No. 51, found in Ga. Laws 1977, p. 1557, proposing an amendment to the Constitution so as to provide for the recall of State, county and municipal public officials who hold elective office is hereby repealed.

2006

JOURNAL OF THE SENATE,

The Senate Committee on Governmental Operations offered the following substitute to HR 478:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the recall of public officials who hold elective office; to repeal Resolution Act No. 51, found in Ga. Laws 1977, p. 1557, which proposed an amendment to the Constitution providing for the recall of officials; 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 GEOR GIA:

Section 1. Article I 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 Of fice. The General Assembly is hereby authorized to provide by general law for the recall of public officials who hold elective office. The procedures, grounds and all other matters relative to such recall shall be provided for in such law. On the date any such law becomes effective, all local laws relative to recall shall stand repealed, and no local laws relative to recall shall be enacted after such 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 Shall the Constitution be amended so as to au thorize the General Assembly to provide by gen-
( ) NO eral law for the recall of public officials 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.

TUESDAY, FEBRUARY 28, 1978

2007

Section 3. Resolution Act No. 51, found in Ga. Laws 1977, p. 1557, proposing an amendment to the Constitution so as to provide for the recall of State, county and municipal public officials who hold elective office is 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 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 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 Gillis Greene Hill Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Robinson Russell Scott Shapard Starr Stephens Summers Sutton Tate Thompson Timmons Turner Walker Wessels

Those not voting were Senators:

Duncan Evans Fincher

Holloway Hudgins Riley

Stumbaugh Traylor Tysinger

On the adoption of the resolution, the yeas were 47, nays 0.

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

The following bill of the Senate was taken up for the purpose of considering the House action thereto:

2008

JOURNAL OF THE SENATE,

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 guidelines to be used in determining the fair market value of property for taxation purposes.

The House amendments were as follows:

Amendment No. 1: Amend SB 350 by adding before the word "sale" on line 22 of Page 2
the following:
"cash"

Amendment No. 2: Amend SB 350 by striking on line 30 of Page 2 the word "and"
and
by adding after the word "property" on line 31, Page 2 the following:
", and the sale of any comparable property or properties sold within 12 months of the date of assessment and lying within a 1 mile radius of the property being assessed as long as said sale(s) lies within the limits of the governing authority of the tax assessor."
Amendment No. 3: Amend SB 350 by deleting after the words "fair market value", on
line 20, Page 2, 92-5702 (a) everything on lines 20, 21, & 22 through the word "sale" on line 22 and inserting in lieu therof the following:
"shall be deemed to mean what a knowledgeable buyer would pay and a willing seller accept at an arm's length sale based on its use and zoning at the time of assessment."
Amendment No. 4: Amend SB 350 by adding after the word "mean" the following:
"the cash price"
and striking the word "what".

TUESDAY, FEBRUARY 28, 1978

2009

Amendment No. 5: Amend SB 350 by striking on line 32, Page 2, the word "may" and

replacing with the word "shall".

Amendment No. 6:
Amend SB 350 by striking everything on lines 28 through 31 on Page 2 and substituting in lieu thereof the following:
"The original cost of the property, any depreciation or ob solescence, any increase in value by reason of inflation, and, with respect to property from which natural resources are severed or may be severed, income or losses in value resulting from the use of the property are among".
And by striking everything on lines 1 through 6 on Page 3 and substituting in lieu thereof the following:
" (b) In determining the fair market value of real".

Senator Lester of the 23rd moved that the Senate disagree to the House amendments to SB 350.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate disagreed to the House amendments to SB 350.

The following general resolutions of the House, favorably reported by the committees, were read the third time and put upon their adoption:

HR 564. By Representative Clark of the 13th:
A resolution changing the scheduled termination date of the State Board of Examiners of Speech Pathology and Audiology. Senate Sponsor: Senator Barker of the 18th.

The Senate Committee on Governmental Operations offered the following amendment:
Amend HR 564 by striking on Page 1, line 13, the words "one year", and inserting in lieu thereof the words "three years".

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 adoption of the resolution as amended, was agreed to.

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JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

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 Howard Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce

Reynolds Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Fincher Holloway Hudgins

Hudson Langford Riley

Tate Timmons Traylor

On the adoption of the resolution, the yeas were 47, nays 0.

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

HR 613. By Representative Jessup of the 117th:
A resolution authorizing the conveyance of certain real property located in Pulaski County, Georgia. Senate Sponsor: Senator Walker of the 19th.

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

TUESDAY, FEBRUARY 28, 1978

2011

Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge English Evans Fincher Foster Gillis

Greene Hill Howard Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds

Robinson Scott Shapard Starr Stumbaugh Sutton Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Coverdell Holloway Hudgins Hudson

Langford Riley Russell Stephens

Summers Tate Timmons Traylor

On the adoption of the resolution, the yeas were 44, nays 0.

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

Senator Kidd of the 25th moved that the following bill of the House be committed to the Committee on County and Urban Affairs:

HB 1786. By Representative Ham of the 80th:
A bill to amend an Act entitled "An Act to amend Code Chapter 26-29, relative to crimes involving dangerous instrumentalities and practices, 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".

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 1786 was committed to the Committee on County and Urban Affairs.

Senator Kidd of the 25th moved that the following bill of the House be committed to the Committee on County and Urban Affairs:

HB 1787. By Representative Ham of the 80th:
A bill to amend an Act entitled "An Act to amend Code Chapter 26-29, relative to crimes involving dangerous instrumentalities and practices, 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

2012

JOURNAL OP THE SENATE,

corporation without having first obtained permission from the owner or lessee of such property".

On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 1787 was committed to the Committee on County and Urban Affairs.

The following general bill of the House, having been read the third time and passed on February 27 and reconsidered previously today, was put upon its passage:

HB 1246. By Representatives Baugh of the 108th, Parham of the 109th, Rowland of the 119th and Savage of the 25th:
A bill to amend Code Section 38-418, relating to confidential com munications, so as to provide that communications between a physician and a patient shall be privileged.

Senator Shapard of the 28th moved that the Senate reconsider its action on February 27 in adopting the following amendment offered by Senators Wessels of the 2nd and Lester of the 23rd:
Amend HB 1246 by striking on Page 1, at the end of line 26, the period and quotation mark, and inserting in lieu thereof the following:
", provided, however, where a patient is a party to a legal proceeding, this privilege shall not apply."

On the motion, the yeas were 42, nays 1; the motion prevailed, and the amendment offered by Senators Wessels of the 2nd and Lester of the 23rd was reconsidered.

Senator Allgood of the 22nd offered the following substitute to HB 1246:
A BILL
To be entitled an Act to amend Code Section 38-418, relating to confidential communications, so as to provide that communications be tween a physician and a patient shall not be released except on patient's written authorization, court order or subpoena; to provide im munity to physicians releasing information pursuant to the provisions of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 38-418, relating to confidential communica tions, is hereby amended by redesignating the first paragraph thereof as subsection (a) and adding a new subsection to be designated sub section (b), to read as follows:

TUESDAY, FEBRUARY 28, 1978

2013

"(b) No physician shall release any information concerning a patient except on written authorization of the patient or ap propriate court order or subpoena; provided further that any physician releasing information under written authorization of the patient or under court order or subpoena shall not be liable to the patient or any other person.",

so that when so amended, Code Section 38-418 shall read as follows:

"38-418. Confidential communications, etc. (a) There are cer tain admissions and communications excluded from consideration of public policy. Among these are:

1. Communications between husband and wife.

2. Between attorney and client.

3. Among grand jurors.

4. Secrets of state.

5. Psychiatrist and patient.

(b) No physician shall release any information concerning a patient except on written authorization of the patient or appropriate court order or subpoena; provided further that any physician releasing information under written authorization of the patient or under court order or subpoena shall not be liable to the patient or any other person."

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

Senator Greene of the 26th offered the following amendment:
Amend the substitute to HB 1246 offered by Senator Allgood of the 22nd by adding on Page 1, line 16, after the word "patient", the fol lowing :
"or in the case of a minor by his or her parents or duly appointed guardian ad litem".

On the adoption of the amendment, the yeas were 42, nays 0, and the amend ment offered by Senator Greene of the 26th to the substitute offered by Senator Allgood of the 22nd was adopted.

On the adoption of the substitute to HB 1246 offered by Senator Allgood of the 22nd, Senator Kidd of the 25th called for the yeas and nays; the call was sustained, and the vote was as follows:

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Those voting in the affirmative were Senators:

Allgood Ballard Banks Barnes Bell Bond Broun of 46th Brown of 47th Coverdell Doss Duncan

English
Evans Poster Gillis Greene Howard Johnson Langford Lester McGill Overby

Paulk Robinson Scott Shapard Stumbaugh Summers Sutton Thompson Tysinger Walker Wessels

Those voting in the negative were Senators:

Barker Brantley Carter Dean of 6th Dean of 31st Eldridge Fincher

Hill Holloway Hudgins Kennedy Kidd Pearce Reynolds

Riley Russell Starr Stephens Tate Timmons Turner

Not voting were Senators Hudson and Traylor.

On the adoption of the substitute, the yeas were 33, nays 21, and the sub stitute to HB 1246 offered by Senator Allgood of the 22nd 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 Banks Barnes Bell Bond Broun of 46th Brown of 47th Carter Doss Duncan English Evans

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

Riley Robinson
Scott Shapard Starr Stumbaugh Summers Sutton Tate Thompson Tysinger Wessels

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2015

Those voting in the negative were Senators:

Barker Dean of 6th Dean of 31st Eldridge Fincher

Hill Hudgins Kennedy Kidd Russell

Stephens Timmons Turner Walker

Those not voting were Senators:

Brantley Coverdell

Hudson

Traylor

On the passage of the bill, the yeas were 38, nays 14.
The bill, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The house has passed by the requisite constitutional majority the following bills of the Senate:
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.
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 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 Armed Forces of the United States shall be exempt from the require ments of having a driver's license under certain circumstances; to repeal conflicting laws; and for other purposes.

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SB 415. By Senator Reynolds of the 48th:
A bill to amend an Act providing for the use of radar speed detection devices by counties and municipalities, as amended, so as to change certain provisions relating to visibility of speed detection devices.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:
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.
The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate:
SB 543. By Senator Kidd of the 25th: A bill to amend an Act providing for a Board of Trustees of the Georgia Military College, as amended, so as to change the number and com position of the said Board of Trustees; to change the provisions relating to the appointment of election of the Board; to provide procedures connected with the forming of said Board; to provide for vacancies; to repeal a specific provision.
SB 503. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A bill to amend an Act creating the Department of Public Safety, as amended, so as to provide that the chief law enforcement officer of any municipality may request the assistance of members of the Georgia State Patrol in the prevention and detection of violations of the criminal laws and in the apprehension of those violating such laws.
The House recedes from its position in amending the following bill of the Senate:

SB 437. By Senators Starr of the 44th, Doss of the 52nd and Sutton of the 9th:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, as amended, so as to provide for the inactive status of the license of the Real Estate Commissioner and all other employees of the Commission; to provide for additional grounds for revocation of real estate licenses.

The House has disagreed to the Senate substitute to the following bill of the House:

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HB 1224. By Representatives Lambert of the 112th, Murphy of the 18th, Harris of the 8th and others:
A bill to provide appropriations for the fiscal year beginning July 1, 1978, and ending June 30, 1979; to provide an effective date; to repeal conflicting laws.

The following general bill of the House, having been read the third time and lost on February 27, and reconsidered previously today, was put upon its passage:

HB 1250. By Representatives Scott of the 123rd and Hill of the 127th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to provide that the governing authority of certain counties may authorize the sale of distilled spirits, malt beverages and wine for consumption only on the premises in certain eating establishments on Sundays; to provide for limitations and conditions.
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 Banks Bell Bond Brantley Broun of 46th Coverdell Dean of 6th Doss

Duncan Eldridge Evans Hill Holloway Howard Hudgins Kidd Langford Lester

Pearce Riley Russell Scott Stephens Stumbaugh Tate Timmons Wessels

Those voting in the negative were Senators:

Barker Brown of 47th Carter Dean of 31st
English Foster Gillis

Greene Johnson Kennedy McGill
Overby Paulk Reynolds

Robinson Shapard Starr Sutton
Thompson Walter

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Those not voting were Senators:

Barnes
(excused conferee) Fincher

Hudson
Summers Traylor

Turner Tysinger

On the passage of the bill, the yeas were 29, nays 20.

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

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

HB 1253. By Representatives Linder of the 44th and Tolbert of the 56th:
A bill to amend Code Section 68-221, relating to licensure and registra tion of motor vehicles by nonresidents so as to change the time period within which registration is required; to provide an effective date. 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
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 Howard Hudgins
Johnson Kennedy Kidd
Langford Lester
McGill Overby Paulk Pearce

Those not voting were Senators:

Fincher Hudson

Riley

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

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2019

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 House action thereto:

HB 1224. By Representatives Lambert of the 112th, Murphy of the 18th, Harris of the 8th and others:
A bill to provide appropriations for the fiscal year beginning July 1, 1978, and ending June 30, 1979; to provide an effective date; to repeal conflicting laws.

Senator Broun of the 46th moved that the Senate insist upon the Senate substitute to HB 1224.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1224.

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

HB 1306. By Representatives McDonald of the 12th, Logan of the 62nd, Russell of the 64th and others:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to provide under certain circumstances for an alternative method of providing the property tax rollback required in said Act; to provide for procedures connected therewith.
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 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

Eldrfdge English
Evans Foster Gillis
Greene Hill Howard

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Paulk Pearce Reynolds Robinson Russell Shapard Stephens Stumbaugh

Summers Sutton Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Pincher Holloway Hudson

Riley Scott Starr

Traylor Wessels

On the passage of the bill, the yeas were 48, nays 0.

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

Senator Pearce of the 16th moved that the following bill of the House be postponed until March 1:

HB 1576. By Representatives Irvin of the 10th, Colwell and Twiggs of the 4th and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act" so as to change the provisions relative to exemptions from certification.

On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 1576 was postponed until March 1.

The following local, uncontested resolutions of the Senate and House, favorably reported by the committee, were read the third time and put upon their adoption:

SR 356. By Senator Shapard of the 28th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize and empower the governing authority of Spalding County, Georgia, to enact ordinances and regulations, including, but not limited to, traffic regulations and garbage and solid waste disposal regulations for the polic ing and governing of the unincorporated areas of said county and the enforcement of all duties and powers now or hereafter vested in said board and to provide penalties for violations of such ordinances; to

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provide for the submission of this amendment for ratification or rejec tion ; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article IX, Section II, Paragraph I of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:

"Notwithstanding any other provisions of this Constitution, the governing authority of Spalding County is hereby authorized and empowered to adopt ordinances and regulations, including, but not limited to, traffic regulations and garbage and solid waste disposal regulations for the governing and policing of the unincorporated area of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable, not in conflict with the general laws of this State and of the United States, and for the implementation and enforce ment of all duties and powers now or hereafter vested in said governing authority; and to provide penalties for violations of such ordinances, setting the nature and amount of such penalties or punishments; and to designate the court or courts which shall have jurisdiction in Spalding County over such offenses."

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 au thorize and empower the governing authority of
( ) NO Spalding County to adopt ordinances and reg ulations, including, but not limited to, traffic regulations and garbage and solid waste disposal regulations for the governing and policing of the unincorporated areas of said county and to pro vide for the enactment of punishment or penalties for the violation of such ordinances and the designation of a court which shall have jurisdic tion over such ordinances and regulations?"

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

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

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

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

Those voting in the affirmative were Senators:

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
Kennedy
Kidd
Lester
McGill
Overby
Paulk
Reynolds

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

Those not voting were Senators:

Duncan Fincher Hudson

Johnson Langford Pearce

Riley Traylor

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 239. By Representatives Butler, Tolbert and Johnston of the 56th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the maximum dollar amount for civil cases over which the justices of the peace inDeKalb County shall have jurisdiction from two hundred dollars to five hundred dollars; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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Section 1. Article VI, Section VII, Paragraph II of the Constitution
of Georgia of 1976 is hereby amended by adding at the end thereof the following paragraph:

"Provided, however, that in DeKalb County, the justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed five hundred dollars."

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 in crease the maximum dollar amount for civil
( ) NO cases over which the justices of the peace in DeKalb County shall have jurisdiction from two hundred dollars to five hundred dollars?"

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

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

The Senate Committee on County and Urban Affairs offered the following substitute to HR 239:
A RESOLUTION
Posposing an amendment to the Constitution so as to increase the maximum dollar amount for civil cases over which the justices of the peace in DeKalb County shall have jurisdiction from two hundred dollars dollars to five hundred dollars and to authorize the General Assembly to increase said jurisdiction to an amount not to exceed twelve hundred fifty dollars; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VI, Section VII, Paragraph II of the Constitution of Georgia of 1976 is hereby amended by adding at the end thereof the following paragraph:
"Provided, however, that in DeKalb County, the justices of the

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peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed five hundred dollars, and the General Assembly is hereby authorized to increase from time to time, by local law, such jurisdiction as to principal sum to an amount not to exceed twelve hundred fifty dollars. The authority provided by this paragraph may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph, and any local law adopted pursuant to the authority of this paragraph shall control the subject matter thereof as to the political subdivision affected, notwithstanding the provisions of any conflicting general 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:
"( ) YES Shall the Constitution be amended so as to in crease the maximum dollar amount for civil
( ) NO cases over which the justices of the peace in DeKalb County shall have jurisdiction from two hundred dollars to five hundred dollars and to authorize the General Assembly to increase said jurisdiction to an amount not to exceed twelve hundred fifty dollars?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

On the adoption of the substitute, the yeas were 48, nays 0, and the sub stitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard
Banks

Barker Barnes
Bell

Bond Brantley
Broun of 46th

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Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge English Evans Poster Gillis Greene Hill

Holloway Howard Hudgins Kennedy Kidd Lester McGill Overby Paulk Reynolds Robinson Russell Scott

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

Those not voting were Senators:

Duncan Fincher Hudson

Johnson Langford Pearce

Riley Traylor

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 668. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A RESOLUTION
Proposing an Amendment to Article IX of the Constitution of the State of Georgia so as to authorize the Board of Commissioners of Lowndes County to license and regulate business activities in said County carried on by itinerant peddlers, itinerant vendors and other tradesmen not regularly maintaining an established place of business in said County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article IX of the Constitution of the State of Georgia, as heretofore amended, is further amended by inserting at the end of said Article a new paragraph which shall read as follows:
"The Board of Commissioners of Lowndes County shall have the full power and authority to regulate business activities in said County carried on by itinerant peddlers, interant vendors and other tradesman not regularly maintaining an established place of business in Lowndes County and to require of each such peddler, vendor and tradesman conducting any business activity in Lowndes

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County to pay a license fee to be determined by the Board of Com missioners of Lowndes County."

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 au thorize the Board of Commissioners of Lowndes
( ) NO County to license and regulate business activities in said County carried on by itinerant peddlers, itinerant vendors and other tradesmen not reg ularly maintaining an established place of busi ness in said County?"

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

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

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HR 668 by adding on line 23 of Page 1 after the following:
"Lowndes County",
the following:
"unless such peddler, vendor, or tradesman is otherwise exempt from payment of such license fee under any provision of the general law of this State."

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 adoption of the resolution as amended, was agreed to.

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

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2027

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 Poster Gillis Greene Hill Holloway Howard Hudgins Kennedy Kidd Lester McGill Overby Paulk Reynolds

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

Those not voting were Senators:

Duncan Fincher Hudson

Johnson Langford Pearce

Riley Traylor

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 669. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize Lowndes County, in unincorporated areas, to construct, pave, maintain and improve public streets, roads, curbing, guttering, drainage, street lights and sidewalks and assess all or a portion of the cost of same against abutting property and the owners thereof with the approval of abutting property owners owning not less than two-thirds of the front footage of the abutting property to be improved; 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 IX, Section I, Paragraph I of the Constitution, as amended, is hereby amended by adding at the end thereof the follow ing:

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"Within the unincorporated areas of Lowndes County the Board of Commissioners of Lowndes County, as the governing authority of said county, shall have full power and authority to construct, pave, maintain and otherwise improve public streets, roadways, curbing, guttering, drainage, streetlights and sidewalks, and to assess all or a portion of the cost of such construction, pavement, mainte nance or improvement against the abutting property owners thereof; provided, however, abutting property owners owning not less than two-thirds of the front footage of the abutting property to be improved must agree to such assessment before said governing au thority shall have authority to assess said abutting property owners for the costs of such improvements. If said abutting property owners approve such assessments as herein provided, said governing author ity may provide for the issuance and enforcement of execution for the collection of such assessments, and for the creation of liens thereby against such abutting property. In all such cases, however, the cost shall be determined and assessed under uniform rules and regulations as adopted from time to time by the governing authority of Lowndes County and applied uniformly to all roads, streets, sidewalks, curbing, guttering, drainage, streetlights and properties of the same class, and similarly situated, and further provided that such rules and regulations as initially adopted may be changed, rescinded, modi fied and amended from time to time by the governing authority of Lowndes County with the effective date of any such change, rescission, modification or amendment being at least thirty (30) days after publication of notice of such change, rescission, modifica tion or amendment one time in the newspaper in which sheriffs' advertisements are published in Lowndes County."
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 au thorize Lowndes County, in unincorporated areas,
( ) NO to construct, pave, maintain and improve public streets, roads, curbing, guttering, drainage, streetlights and sidewalks and assess all or a portion of the cost of same against abutting property and the owners thereof with the ap proval of abutting property owners owning not less than two-thirds of the front footage of the abutting property to be improved?"

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

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

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

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

Those voting in the affirmative were Senators:

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 Kennedy Kidd Lester McGill Overby Paulk Reynolds

Those not voting were Senators:

Duncan Fincher Hudson

Johnson Langford Pearce

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

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 674. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a Board of Arbitration for Houston County, when necessary, to arbitrate certain budget and salary matters concerning constitutional or county officers; to provide procedures for arbitrating such budget and salary disputes; 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:

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Section 1. Article IX, Section I, Paragraph VI of the Constitution
is hereby amended by adding at the end thereof a new paragraph to read as follows:

"Notwithstanding any other provisions of this Constitution, there is hereby created a Board of Arbitration for Houston County
to be appointed when necessary as hereinafter provided. When a dispute arises between the governing authority of Houston County and a constitutional or county officer concerning the proposed budget for the office of said officer or concerning the salary of said officer in cases where the salary is set by the governing authority, said officer may call for the arbitration of such dispute by notifying the governing authority in writing, setting forth specifically the area or areas of the budget or salary in dispute. This written notice must be given within 30 days of the adoption of the budget by the governing authority. Thereafter, a three-member Board of Arbitra tion shall be appointed as follows: within ten days after such notification, one member shall be appointed by the governing au thority and one member shall be appointed by the aggrieved officer; and within ten days after such appointments, the two appointed members shall appoint the third member of the Board. No person shall be appointed who is not a resident of Houston County or who is an employee of the Houston County Commissioners or of a constitutional officer. The Board shall render its decision on the dispute within 30 days after the appointment of the third member of the Board. The Board shall consider only those matters specifi cally set forth in the written notice to the governing authority. Such decision shall be final and binding on all parties concerned. The governing authority and the officer shall cooperate with the Board and furnish documents, papers and other information required by the Board. Each member of the Board shall be paid $50.00 for each day or substantial portion thereof in which he attends to arbitration
duties pursuant to this paragraph. In the event more than one constitutional officer disputes the budget or salary within 30 days of adoption of the budget by the governing authority, nothing herein shall be construed to prevent one Arbitration Board from settling all disputes, provided the aggrieved constitutional officers and the governing authority agree on the members of the Board
and agree to let the one Board settle all disputes."

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 Board of Arbitration for Houston
( ) NO County, when necessary, to arbitrate certain budget and salary matters concerning constitu tional or county officers?"
All persons desiring to vote in favor of ratifying the proposed

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amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

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

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

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

Those voting in the affirmative were Senators:

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

English Evans Foster Gillis Greene Hill Holloway Howard Hudgins Kennedy Kidd Lester McGill Overby Paulk Reynolds

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

Those not voting were Senators:

Duncan Fincher Hudson

Johnson Langford Pearce

Riley Traylor

On the adoption of the resolution, the yeas were 48, nays 0.

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

The following bills of the Senate were taken up for the purpose of considering: the House action thereto:

SB 258. By Senator Doss of the 62nd: A bill to amend Code Section 56-507, relating to the standards applicable

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to rates, so as to provide that consideration shall be given to the insurer's average yield from investment income.

The House substitute to SB 258 was as follows:
A BILL
To be entitled an Act 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; to change the provisions relating to the consideration given in cases of fire insurance rates; to amend Code Chapter 56-10, relating to investments, as amended, so as to provide that an insurer may invest in certain secured and unsecured obligations; to provide for investments and the holding or owning of certain admitted assets; to provide for requirements in connection therewith; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 56-507, relating to the standards applicable to rates, is hereby amended by striking subsection (b) of Code Section 56-507, in its entiretly, and inserting in lieu thereof a new subsection (b), to read as follows:
"(b) Consideration shall be given, to the extent applicable, to past and prospective loss experience within and outside this State, to conflagration and catastrophe hazards, to a reasonable margin for underwriting profit and contingencies, to past and prospective expenses both countrywide and those specially applicable to this State, to the insurer's average yield from investment in come, and to all other factors, including judgment factors, deemed relevant within and outside this State; and in the case of fire insurance rates, consideration may be given to the experience of the fire insurance business during the most recent five-year period.
Consideration may also be given in the making and use of rates to dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers."
Section 2. Code Chapter 56-10, relating to investments, as amended, is hereby amended by adding to Code Section 56-1016, relating to invest ments by insurers in corporate bonds and debentures, as amended, a new subsection (4) thereto, which shall read as follows:
"(4) An insurer may invest in secured and unsecured obliga tions of such institutions or in portions thereof (other than the obligations described in subsections (1) and (2) and (3) of this Section) which do not bear interest at a fixed rate and which may or may not have a maturity date or be evidenced by a formal certificate. Such investments must (i) consist of less than one hundred (100%) percent of the total obligation issued, (ii) must be

TUESDAY, FEBRUARY 28, 1978

2033

able to be liquidated by the insurer within five (5) days from the date of a request by such insurer for the liquidation thereof, and (iii) notwithstanding the provisions of Code Section 66-1027, an insurer's total investments in such obligations at any one time shall not exceed five (5%) percent of such insurer's admitted assets with out the written approval of the Commissioner."

Section 3. Said Code Chapter is further amended by adding at the end thereof a new Code Section 56-1042 to read as follows:

"56-1042. Book-Entry Securities. Notwithstanding any other provisions of this Title which might be construed to the contrary, nothing contained in this Title shall be deemed to prohibit an insurer from investing its funds in or holding or owning as admitted assets securities issued by the Treasury of the United States Gov ernment or by any agency or instrumentality of the United States Government or by any other institution so permitted under the provisions of this Title, which are not evidenced by certificates or instruments and related records issued to the insurer; provided (i) that a certificate evidencing the security and reciting the rights and obligations thereunder and the interest of the insurer there under is maintained in an appropriate location as authorized by law or is deposited with and maintained by any depository system operated by a clearing agency registered under the Securities and Exchange Act of 1934, (ii) that such securities are otherwise eligible for investment under this Title, and (iii) that such securities are either subject to or governed by the joint Federal ReserveUnited States Treasury Department program relating to the utiliza tion of book-entry record-keeping procedures with respect to the registration of securities or such other similar programs as may be approved by the Commissioner by appropriate order, rule or regula tion."

Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Doss of the 52nd moved that the Senate agree to the House substitute to SB 258.

On the motion, 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 Coverdell Dean of 6th Dean of 31st

Doss Eldridge English Evans Foster Gillis

2034
Greene Hill Hudson Kennedy Kidd Langford Lester McGill Overby Paulk

JOURNAL OF THE SENATE,

Pearce Reynolds Robinson Russell Scott Shapard Starr Stephens Stumbaugh

Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th Carter Duncan Fincher

Hollaway Howard Hudgins

Johnson Riley Traylor

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 258.

SB 542. By Senator Kidd of the 25th: A bill to amend an Act creating and establishing a Small Claims Court for Baldwin County, Georgia, as amended, so as to change the provisions relating to the jurisdiction of the Small Claims Court of Baldwin County; to change the provisions relating to cost of service; to change the pro visions relating to fines and punishment.
The House amendment was as follows:
Amend SB 542 by striking from lines 18 and 19 of Page 1 the following:
"in all cases at law",
and inserting in lieu thereof the following:
"in all cases ex contractu".

Senator Kidd of the 25th moved that the Senate agree to the House amend ment to SB 542.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 542.

TUESDAY, FEBRUARY 28, 1978

2035

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 246, By Senators Ballard of the 45th, Tysinger of the 41st, Stephens of the 36th and others:
A resolution changing the scheduled termination of the Employment Agency Advisory Council.

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

SB 420. By Senator Kidd of the 25th:
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 definitions to be used in the Georgia Election Code; to provide for the preservation of records; to provide for county registrars; to provide for qualification of registrars and deputy registrars.

The House has agreed t6 the Senate amendment, as amended by the House, to the following bill of the House:

HB 1288. By Representative Johnson of the 74th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to authorize the Commission to require the collection of tax on the retail price on certain sales of tangible personal property for resale; to provide for an effective date.

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 1224. By Representatives Lambert of the 112th, Murphy of the 18th, Harris of the 8th and others:
A bill to provide appropriations for the fiscal year beginning July 1, 1978, and ending June 30, 1979; to provide an effective date; to repeal conflicting laws.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Harris of the 8th, Vaughn of the 57th and Collins of the 144th.

2036

JOUENAL OF THE SENATE,

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

SB 603. By Senators Gillis of the 20th, English of the 21st and Walker of the 19th:
A bill to amend an Act known as the "Executive Reorganization Act of 1972," as amended, so as to transfer the functions of the Georgia Forest Research Council to the State Forestry Commission; to continue the Council in an advisory capacity to the Commission; to provide for ap pointment and qualification of Council members; to require meetings; to require a specification of appropriations for certain research pur poses; to provide for other matters relative to the foregoing.

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

HB 1766. By Representatives Burruss and Housley of the 21st, Murphy of the 18th and others:
A bill to amend an Act creating a Board of Commissioners for Paulding County so as to change the provisions relating to the recall of the chairman or commissioners. Referred to Committee on County and Urban Affairs.

HB 1880. By Representatives Smith of the 42nd, and Horton and Carnes of the 43rd:
A bill to amend an Act establishing a Charter for the City of Fairburn so as to provide for a change in the penalties upon conviction of the violation of any municipal ordinance in the Recorder's Court of the City of Fairburn. Referred to Committee on County and Urban Affairs.

HB 1881. By Representatives Smith of the 42nd, and Horton and Carnes of the 43rd:
A bill to amend an Act establishing a new charter for the City of Palmetto so as to change the provisions relating to councilmen, their qualifications, and terms of office; to change the provisions relating to time for holding regular elections.
Referred to Committee on County and Urban Affairs.

HB 1922. By Representatives Taggart of the 125th, Battle of the 124th and Hill of the 127th:
A bill to provide for the compensation of certain county officers and officials of Chatham County; to provide for cost-of-living increases. Referred to Committee on County and Urban Affairs.

TUESDAY, FEBRUARY 28, 1978

2037

HB 2002. By Representative Murphy of the 18th:
A bill to provide for the superior courts in the counties comprising the Tallapoosa Judicial Circuit. Referred to Committee on County and Urban Affairs.

HB 2018. By Representative Pilewicz of the 41st:
A bill to amend an Act establishing a new charter for the City of East Point, Fulton County, Georgia, so as to provide and authorize for definitions; to add to the existing charter new sections; to provide for tax service district. Referred to Committee on County and Urban Affairs.

HB 2036. By Representative Jones of the 78th:
A bill to amend an Act to provide minimum salaries for probate judges of the various counties within the State of Georgia so as to change the minimum salary of the probate judge in all counties having a certain population. Referred to Committee on County and Urban Affairs.

HB 2037. By Representative Lambert of the 112th:
A bill to amend an Act creating a Board of County Commissioners of Hancock County so as to change the compensation of the chairman. Referred to Committee on County and Urban Affairs.

HB 2038. By Representative Mullinax of the 69th:
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 or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities. Referred to Committee on County and Urban Affairs.

HB 2039. By Representatives Taggart of the 125th, Hill of the 127th, Battle of the 124th and others:
A bill to amend an Act creating the Chatham County Water and Sewer Authority so as to change the numbers of members of said Chatham County Water and Sewer Authority and provide that one member must be a member of the Chatham County Commissioners and Ex Officio Judges Thereof, the governing authority of Chatham County.
Referred to Committee on County and Urban Affairs.

HB 2041. By Representatives Mann, Milford and Clark of the 13th:
A bill to create and establish a Small Claims Court in and for Franklin County. Referred to Committee on County and Urban Affairs.

2038

JOURNAL OP THE SENATE,

HB 2042. By Representative Edwards of the 110th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector in the County of Marion into the office of Tax Com missioner of Marion County so as to authorize the tax commissioner to hire a clerk. Referred to Committee on County and Urban Affairs.

HB 2043. By Representatives Tuten of the 153rd and Auten of the 154th:
A bill to amend an Act placing the Sheriff of Glynn County upon an annual salary so as to authorize the employment and compensation of certain additional personnel by the sheriff; to change the provisions relating to the compensation of certain persons employed by the sheriff. Referred to Committee on County and Urban Affairs.

HB 2044. By Representatives Murray of the 116th and Castleberry of the lllth:
A bill providing for the compensation of the chairman and members of the board of commissioners of each county of this State having a population of not less than 26,290 and not more than 27,280 according to the United States Decennial Census of 1970 or any future such census. Referred to Committee on County and Urban Affairs.

HR 777. By Representatives Richardson of the 52nd, Hawkins of the 50th, Steinberg of the 46th and others:
A resolution proposing an amendment to the Constitution to authorize DeKalb County and the municipalities of Decatur and Avondale Estates to establish and maintain development and redevelopment programs for the development or redevelopment of areas within their respective boundaries.
Referred to Committee on County and Urban Affairs.

Senator Barnes of the 33rd moved that the Senate do now adjourn until 10:00 o'clock A. M. tomorrow, and the motion prevailed.

At 4:50 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

WEDNESDAY, MARCH 1, 1978

2039

Senate Chamber, Atlanta, Georgia Wednesday, March 1, 1978

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 Kidd of the 25th moved that the Senate reconsider its action of Feb ruary 28 in defeating the following bill of the House:

HB 1304. By Representative Taggart of the 125th:
A bill to provide that the Commissioner of Revenue shall have authority to license and regulate the sale of all alcoholic beverages in bona fide private clubs in this State; to define the term "Club" for licensing pur poses; to provide license fees equal to those required of public licensed places of business.

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:

Allgood Ballard Barnes Brantley Broun of 46th Brown of 47th Cbverdell Dean of 31st Doss

Eldridg-e Evans Foster Gillis Holloway Howard Hudson Kidd Langford

Lester McGill Overby Pearce Reynolds Riley Robinson Russell Walker

Those voting in the negative were Senators:

Banks Barker Carter English Greene

Johnson Kennedy Paulk Shapard Starr

Summers Sutton Thompson Turner

Those not voting were Senators:

Bell Bond Dean of 6th Dun can Fincher

Hill Hudgins Scott Stephens Stumbaugh

Tate Timmons
Traylor Tysinger Wessels

2040

JOURNAL OF THE SENATE,

On the motion, the yeas were 27, nays 14; the motion prevailed, and HB 1304 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 bill and resolution of the Senate were introduced, read the first time and referred to committees:

SB 649. By Senator Stumbaugh of the 55th:
A bill to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, so as to change the definition of the term "gross salary;" to change the compensation of certain county officers; to provide for intent; to provide an effective date. Referred to Committee on County and Urban Affairs.

SR 375. By Senators Foster of the 50th, Overby of the 49th and Hudgins of the 15th:
A resolution relative to a planning program for water resources. Referred to Committee on Natural Resources and Environmental Quality.

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 Senate:

SB 417. By Senator Doss of the 52nd:
A bill to amend an Act authorizing municipal corporations to levy and collect taxes to provide financial assistance to their respective develop ment authorities for the purpose of developing trade, commerce, industry and employment opportunities, so as to authorize every municipal cor poration to levy and collect municipal taxes to provide financial assis tance to a joint county and municipal development authority.

SB 416. 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 financial assis tance to joint county and municipal development authorities for the purpose of developing trade, commerce, industry and employment op portunities.

SB 421. By Senators Kidd of the 25th, Lester of the 23rd, Brown of the 47th and others:
A bill to amend Code Chapter 88-18, relating to hospital authorities, as amended, so as to provide for proceedings for removal of members of hospital authorities under certain circumstances; to provide legislative

WEDNESDAY, MARCH 1, 1978

2041

intent; to provide for petitions; to require hearings; to provide criteria for judcial determinations; to provide for certain court orders; to pro vide for the filling of vacancies.

SB 442. By Senators Johnson of the 34th, Stephens of the 36th, Shapard of the 28th and others:
A bill to amend Code Section 26-1709, relating to fraudulent attempts to obtain refunds, so as to make it unlawful to give a false or fictitious address in attempting to obtain refunds.

The House has agreed to the Senate substitutes to the following bills of the House:

HB 368. By Representative Ham of the 80th:
A bill to amend an Act known as the "Georgia Fiscal Note Act", so as to provide a procedure for fiscal notes for bills having a significant im pact on the anticipated revenue or expenditure level of any county or municipal corporation.

HB 649. By Representative Kilgore of the 65th:
A bill to amend Code Section 68B-215, relating to certain records to be kept by the Department of Public Safety concerning persons holding drivers' licenses, so as to authorize the Department to furnish a copy of an abstract of a driver's record to an insurance company or insurance agent under certain circumstances.
The House has adopted the report of the Committee of Conference on the following bill of the House:

HB 1493. By Representatives Hutchinson of the 133rd, Murphy of the 18th, Harris of the 60th and others: A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school teachers of the State of Georgia so as to extend coverage to retired teachers.
The House insists on its position in amending the following bill of the Senate:
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.
The House has agreed to the Senate amendment to the following bill of the House:

2042

JOURNAL OF THE SENATE,

HB 1777. By Representative Ware of the 68th:
A bill to create the Downtown West Point Development Authority; to provide for the appointment of members of the Authority and their terms of office; to provide for a recall of the members; to create the Downtown West Point District; to authorize the Authority to issue revenue bonds.

The House has agreed to the Senate amendment to the following resolution of the House:

HR 438. By Representatives Richardson of the 52nd, Beckham of the 89th, Ham ilton of the 31st and others:
A resolution providing that the State Department of Human Resources, in cooperation with certain interested groups, shall formulate plans to set up service programs for displaced homemakers in rural and urban areas.

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

SR 267. By Senators McGill of the 24th, Kennedy of the 4th, English of the 21st and others:
A resolution changing the scheduled termination date of the Georgia Auctioneers Commission.

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

SB 395. By Senators Russell of the 10th, Evans of the 37th, Robinson of the 27th and others:
A bill to amend Code Section 68B-218, relating to veterans licenses and honorary licenses, so as to provide for the issuance of distinctive drivers' licenses at no cost to certain members of the Georgia National Guard.

The following reports of standing committees were read by the Secretary:
Mr. President:
Your Committee on Appropriations has had under consideration the follow ing resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HR 591. Do pass.
Respectfully submitted, Senator Broun of the 46th District, Chairman

WEDNESDAY, MARCH 1, 1978

2043

Mr. President:

Your Committee on Banking, Finance and Insurance has had under consid eration the following bills and resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations:
HB 1386. Do pass by substitute. HB 1503. Do pass by substitute.
HB 1567. Do pass. HB 1593. Do pass. HB 1801. Do pass.
HB 1804. Do pass. HB 1808. Do pass by substitute. HB 1840. Do pass. HB 1874. Do pass by substitute.
HR 30. Do pass. HR 81. Do pass.

Respectfully submitted, Senator Lester of the 23rd District, Chairman

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 1833. Do pass. HB 1834. Do pass. HB 1978. Do pass. HB 1987. Do pass. HB 1991. Do pass. HB 1992. Do pass. HB 1993. Do pass. HB 1994. Do pass. HB 1999. Do pass. HB 2004. Do pass. HB 2006. Do pass. HB 2008. Do pass.

2044

JOURNAL OF THE SENATE,

HB 2013. Do pass. HB 2017. Do pass. HB 2019. Do pass. HB 2020. Do pass. HR 543. Do pass. HR 629. Do pass. HR 652. Do pass. HR 735. Do pass. HR 744. Do pass.

Respectfully submitted, Senator Sutton of the 9th District, Chairman

Mr. President:
Your Committee on Consumer Affairs 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 1708. Do pass.
Respectfully submitted, Senator Barker of the 18th District, Chairman

Mr. President:
Your Committee on Education 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 1233. Do pass. HB 1817. Do pass.
Respectfully submitted, Senator Carter of the 14th District, Chairman

Mr. President:
Your Committee on Governmental Operations has had under consideration the following bills and resolution of the House and has instructed me, as Chair man, to report the same back to the Senate with the following recommendations:
HB 229. Do pass.

WEDNESDAY, MARCH 1, 1978

2045

HB 791. Do pass. HB 1417. Do pass. HB 1809. Do pass. HB 1839. Do pass. HB 1846. Do pass. HB 1937. Do pass. HR 656. Do pass.

Respectfully submitted, Senator Kidd of the 25th District, Chairman

Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 543. Do pass by substitute. HB 1506. Do pass. HB 1640. Do pass. HB 1641. Do pass. HB 1642. Do pass. HB 1646. Do pass. HB 1649. Do pass. HB 1725. Do pass.
Respectfully submitted, Senator Overby of the 49th District, Chairman

Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 574. Do pass by substitute. HB 575. Do pass. HB 731. Do pass. HB 732. Do pass by substitute. HB 1458. Do pass.

2046

JOURNAL OF THE SENATE,

HB 1563. Do pass. HB 1638. Do pass by substitute. HB 1699. Do pass by substitute. HB 1845. Do pass. HB 1848. Do pass.

Respectfully submitted, Senator Overby of the 49th District, Chairman

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 256. Do pass by substitute.
Respectfully submitted, Senator Overby of the 49th District, Chairman

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 recommen dation:
HB 1967. Do pass as amended.
Respectfully submitted, Senator Gillis of the 20th District, Chairman
Mr. President:
Your Committee on Natural Resources and Environmental Quality has had under consideration the following bill 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:
HB 1532. Do pass by substitute. SR 366. Do pass.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

WEDNESDAY, MARCH 1, 1978

2047

Mr. President:

Your Committee on Public Utilities has had under consideration the follow ing resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 542. Do pass.
HR 647. Do pass.
HR 663. Do pass.
HR 665. Do pass.
HR 713. Do pass.

Respectfully submitted, Senator Brown of the 47th District, Chairman

Mr. President:
Your Committee on Retirement has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 304. Do pass as amended. HB 1518. Do pass.
Respectfully submitted, Senator Summers of the 53rd District, Chairman

Mr. President:
Your Committee on Retirement has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 330. Do pass. HB 1230. Do pass. HB 1459. Do pass. HB 1469. Do pass. HB 1470. Do pass. HR 1487. Do pass.
Respectfully submitted, Senator Summers of the 53rd District, Chairman

2048

JOURNAL OF THE SENATE,

Mr. President:

Your Committee on Rules has had under consideration the following bills and resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1324. Do pass by substitute.
HB 1581. Do pass.
HR 480. Do pass.
HR 586. Do pass as amended.

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

Mr. President:
Your Committee on Transportation 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 1826. Do pass.
Respectfully submitted, Senator Reynolds of the 48th District, Chairman

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

HB 997. By Representative Burruss of the 21st:
A bill to amend an Act known1 as the "Structural Pest Control Act", as amended, so as to provide that licenses issued pursuant to said Act shall be valid throughout the 'State with certain exceptions; to provide an effective date.

HB 1101. By Representative Walker of the 115th:
A bill to amend Code Section 74-9902, relating to abandonment of minor children, as amended, so as to change the provisions relating to the venue of the offense of child abandonment; to provide for venue in cases in which the child is legitimate or illegitimate.

HB 1231. By Representatives Savage of the 25th, Rowland of the 119th, Baugh of the 108th and Toles of the 16th:
A bill to amend Code Chapter 88-20, relating to eye banks, as amended, so as to permit medical examiners to remove the cornea of a decedent for purposes of corneal transplant under certain conditions; to relieve

WEDNESDAY, MARCH 1, 1978

2049

medical examiners and eye banks of liability for failure to obtain con sent of next of kin.

HB 1303. 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" so as to provide for surety bonds for alcoholic beverage licensees; to provide an effective date.
HB 1320. By Representative Burruss of the 21st:
A bill to amend Code Title 45, known as the "Game and Fish Code", so as to change the provisions relative to legal weapons for hunting wild life.
HB 1332. By Representatives Logan of the 62nd and Hatcher of the 131st:
A bill to amend Code Section 92-3118, relating to income tax accounting periods and accounting methods, so as to remove a certain provision respecting income of deceased taxpayers arising from installment con tracts; to provide an effective date.

HB 1365. By Representatives Home of the 104th, Davis of the 99th, Birdsong of the 103rd and Pinkston of the 100th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to change certain provisions relative to showing a credit on county and municipal ad valorem tax bills; to pro vide an effective date.

HB 1381. By Representative Phillips of the 59th:
A bill to amend Code Section 92-3007, relating to compromise of income tax penalty cases, so as to permit the Commissioner to make refunds under certain circumstances of penalties previously paid; to provide an effective date.

HB 1431. By Representative Richardson of the 52nd:
A bill to amend Code Section 101-202, relating to the distribution of public documents by the State Librarian to public libraries and to public institutions of learning maintaining libraries in Georgia, so as to pro vide for the submission on or before December 1 of each year by each department and institution within the executive branch of State gov ernment of a report to the State Librarian containing a list by title of all public documents published or issued by such department or in stitution during the preceding State of Georgia fiscal year and a state ment noting the frequency of publication of each public document.

2050

JOURNAL OF THE SENATE,

HB 1441. By Representatives Bray of the 70th, Hawkins of the 50th, Cooper of the 19th and Steinberg of the 46th:
A bill to amend Code Section 24-1705, relating to the qualifications and approval of bonds of judges of the probate court, so as to change the office to which bonds are returned; to provide for an effective date.

HB 1443. By Representatives Davis of the 99th, Cason of the 96th, Ralston of the 7th and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to provide for requirements for substitute teachers in the event certain teachers are unable to attend school.
HB 1445. By Representative Parham of the 109th:
A bill to amend Code Title 79A, relating to pharmacists, pharmacy, drugs and narcotics, so as to change the requirements for pharmacy interns; to change the grounds upon which licenses of pharmacists and pharmacies may be revoked or suspended; to change certain require ments relating to pharmacies located in general merchandising estab lishments.
HB 1447. By Representatives Savage of the 25th, Lambert of the 112th, Parham of the 109th and others:
A bill to create a State Commission on Physical Fitness; to define cer tain terms; to provide for composition of the Commission and the filling of vacancies; to provide for organization; to provide purpose; to specify a quorum; to authorize the acceptance of gifts and grants.
HB 1461. By Representative Richardson of the 52nd:
A bill to amend an Act providing for the licensure of applied psychol ogists so as to provide for continuing education as a condition for license renewal; to provide an effective date.
HB 1499. By Representatives Hanner of the 130th, Sizemore of the 136th, Veazey of the 146th and others:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to remove certain limitations on the ex emption provided for sales of machinery used in tilling the soil or in animal husbandry.

HB 1504. By Representatives Whitmire, Jackson and Wood of the 9th:
A bill to amend an Act authorizing superior court clerks in certain counties to invest certain funds deposited in the registry of the court so as to authorize superior court clerks in all countries to deposit cer tain funds in the registry of the court.

WEDNESDAY, MARCH 1, 1978

205I/

HB 1507. By Representatives Home of the 104th, Davis of the 99th, Birdsong of the 103rd and others:
A bill to amend an Act authorizing the governing authorities of the several municipalities and counties of this State to establish separate or joint planning commissions so as to change the provisions relating to subdivision regulation and the penalties for transferring lots in unapproved subdivisions.

HB 1533. By Representative Hatcher of the 131st:
A bill to amend Code Section 92-3216, relating to secrecy required of State income tax officials, so as to provide for the secrecy of federal income tax returns and return information; to provide for the secrecy of certain income tax returns and return information; to specify when certain returns and information may be furnished; to provide an ef fective date.

HB 1585. By Representatives Phillips of the 91st, Birdsong of the 103rd, Patten of the 146th and others:
A bill to amend an Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968 so as to change the pro visions relative to the membership of area planning and development commissions.

HB 1598. By Representative Ham of the 80th:
A bill to amend an Act authorizing and empowering county boards of education and certain independent and public school systems, to con demn private property for public school purposes, approved February 16, 1956.

HB 1628. By Representatives Buck of the 95th, Thompson of the 93rd, Hatcher of the 131st and Walker of the 115th:
A bill to amend an Act providing the procedures for the creation of liens in behalf of hospitals so as to extend the time for filing liens.

HB 1636. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend an Act providing for physician's assistants and known as the "Physician's Assistants Act" so as to exempt certain physician's assistants from certain examination requirements.

HB 1639. By Representative Taggart of the 125th:
A bill to amend an Act entitled the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to pro'vide that certain persons, firms, corporations or organizations shall be ineligible for issuance of a retailer's license under certain conditions.

2052

JOURNAL OF THE SENATE,

HB 1656. By Representative Pinkston of the 100th:
A bill to amend an Act authorizing municipalities, counties and other public bodies of this State, at their discretion, to purchase certain in demnity insurance so as to authorize the payment of certain claims or civil judgments under certain conditions; to provide an effective date.

HB 1661. By Representatives Baugh of the 108th, Parham of the 109th, Marcus of the 26th and others:
A bill to amend Code Section 84-907, relating to license to practice medicine, so as to change the date on which the clinical training pro gram developed by the Medical College of Georgia may be discontinued; to provide an effective date.

HB 1728. By Representative Milford of the 13th:
A bill to amend an Act known as the Uniform Act Regulating Traffic on Highways so as to change the provisions relative to immediate re ports of motor vehicle accidents; to amend Code Title 68C, known as The Motor Vehicle Safety Responsibility Act.
HB 1752. By Representatives Snow of the 1st, Hatcher of the 131st and Walker of the 115th:
A bill to amend Code Chapter 84-66, known as the Motor Vehicle, Farm Machinery and Construction Equipment Franchise Practices Act, so as to establish a termination date for the Georgia Franchise Practices Commission and the date on which the aforesaid Code Chapter shall stand repealed.
HB 1760. By Representatives Hudson of the 137th, Games of the 43rd, Baugh of the 108th and Parham of the 109th:
A bill to amend an Act regulating the practice of professional sani tarians and to promote the principles of environmental sanitation so as to provide for the setting of fees including, but not limited to, fees for written examination, initial licensing, license renewal, and reciprocity (endorsement) by the Georgia Board of Registered Professional Sani tarians.

HB 1774. By Representatives Hatcher of the 131st and Steinberg of the 46th:
A bill to amend an Act known as the "Children and Youth Act" so as to authorize the Department of Human Resources to inspect and copy records of law enforcement agencies and courts pertaining to juvenile offenders; to provide for limited disclosure of records on juveniles com mitted to said Department.

HB 1775. By Representatives Hatcher of the 131st and Steinberg of the 46th: A bill to amend Code Title 24A, known as the Juvenile Court Code of

WEDNESDAY, MARCH 1, 1978

2053

Georgia, so as to authorize the Council of Juvenile Court Judges to inspect and copy records of the courts, law enforcement agencies and the Department of Human Resources upon request; to provide that the judge shall permit the Department of Human Resources and Council of Juvenile Court Judges to inspect and copy records of the court and law enforcement agencies.

HB 1797. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Code Title 88, known as the "Georgia Health Code", so as to insure that adequate health care services and facilities are developed in an orderly and economical manner and available to all citizens, and to meet the requirements of and to implement the National Health Plan ning and Resources Development Act of 1974 (Public Law 93-641).

HB 1818. By Representative McDonald of the 12th:
A bill to amend Code Title 68C, known as "The Motor Vehicle Safety Responsibility Act", so as to change the provisions relating to security; to provide for security through surety bonds and real property bonds; to provide requirements as to such additional types of security; to pro vide for cancellation of bonds; to provide for liens.

HB 1820. By Representatives Harris of the 8th, Collins of the 144th, Wilson of the 19th and others:
A bill to amend an Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof so as to change the auto mobile mileage allowance rate.

HB 1836. By Representative Kemp of the 139th:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to change certain provisions relating to abroga tion.

HB 1849. By Representative Jones of the 78th:
A bill to amend Code Section 92-2902, relating to annual fees for op erating motor vehicles, so as to specify the fee for certain buses operated exclusively for youth organizations chartered by the United States Con gress.
HB 1858. By Representative Coleman of the 118th:
A bill to amend Code Title 68, relating to motor vehicles, so as to define the term "moped"; to exempt mopeds from the provisions relating to registration and licensure of motor vehicles; to amend Code Title 68A, known as "The Uniform Rules of the Road" so as to change the definition of certain terms.

2054

JOURNAL OF THE SENATE,

HB 1953. By Representative Phillips of the 91st:
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 exempt from the reporting requirements certain nonprofit corporations who have previously contracted with the State.

HR 442. By Representative Hawkins of the 50th:
A resolution compensating Dr. John S. Austin, Jr. in the amount of $250.00.

HR 439. By Representative Savage of the 25th: A resolution compensating Mr. Tom Suther, in the amount of $112.36.

HR 456. By Representative Horton of the 43rd:
A resolution compensating Mrs. Herbert C. Millkey, Sr. in the amount $2,871.00.

HR 457. By Representative Adams of the 36th: A resolution compensating Ms. Susan W. Ivey in the amount of $300.00.

HR 475. By Representative Jones of the 126th: A resolution compensating Mr. Jerry L. Fowler in the amount of $103.98.

HR 481. By Representative Jones of the 126th: A resolution compensating Ms. Pat Kleinhans in the amount of $43.00.

HR 505. By Representative Isakson of the 20th: A resolution compensating Mr. Wilson A. Nantz in the amount of $250.00.

HR 511. By Representative Ware of the 68th: A resolution compensating Mr. Wesley Duffey in the amount of $300.00.

HR 565. By Representative Kilgore of the 65th:
A resolution compensating Mr. Lewis W. Thomas in the amount of $1,000.00.

HR 582. By Representative Murray of the 116th:
A resolution compensating Mr. Tom E. Ireland in the amount of $2,000.00.

WEDNESDAY, MARCH 1, 1978

2055

HR 588. By Representative Glanton of the 66th: A resolution compensating Mr. Wayne Cavender in the amount of $95.16.

HR 638. By Representatives Hutchinson of the 133rd, Murphy, of the 18th, Harris of the 60th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a health insurance plan for retired public school teachers; to authorize the General Assembly to appropriate funds for the administration of the plan and to finance the employer contributions.

HR 651. By Representatives Rainey of the 135th and Sizemore of the 136th:
A resolution designating the park administration building at Georgia Veterans Memorial State Park as "The General Courtney Hicks Hodges Building".

SB 645. By Senator McGill of the 24th:
A bill to provide a new charter for the City of Greensboro; to provide for corporate boundaries; to provide for the powers, duties and authority of the city and the officials, officers and employees thereof; to provide for a city council and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications and prohibitions for the mayor and council.

SB 646. By Senator McGill of the 24th:
A bill to provide a new charter for the City of Union Point; to provide for corporate boundaries; to provide for the powers, duties and authority of the city and the officials, officers and employees thereof; to provide for a city council and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications and prohibitions for the mayor and council.

HB 1689. By Representatives Veazey and Patten of the 146th: A bill to establish a new charter for the City of Nashville, Georgia.

HB 1717. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act providing compensation for specified officers in Troup County so as to change the salary of the sheriff, tax commis sioner, and judge of the probate court; to provide an effective date.

HB 1847. By Representatives Jones of the 78th and Adams of the 79th:
A bill to amend an Act creating and establishing a Small Claims Court in Pike County so as to change the jurisdictional limit of the court.

2056

JOURNAL OF THE SENATE,

HB 1850. By Representatives Jones of the 78th and Adams of the 79th:
A bill to repeal an Act to fix the salary of the Clerk of the Board of Commissioners of Pike County.

HB 1868. By Representative Adams of the 79th:
A bill to amend an Act creating a new charter for the City of Thomaston so as to change the provisions relating to the incorporation of said city; to change the provisions relating to the rights, powers, privileges and immunities of said city.

HB 1888. By Representatives Carlisle and Mostiler of the 71st:
A bill further to define, prescribe and enlarge the powers and duties of the Griffin Industrial Building Authority and further to regulate the management and conduct thereof.

HB 1893. By Representatives Mann, Milford and Clark of the 13th:
A bill to amend an Act creating a Small Claims Court for Elbert County so as to change the provisions relating to cost of service; to change the provisions relating to costs.

HB 1895. By Representatives Jones of the 78th and Adams of the 79th:
A bill to change the compensation of coroners in all counties of this State having a population of not less than 7,300 and not more than 7,350, according to the United States Decennial Census of 1970 or any future such census.

HB 1926. By Representatives Anderson, Harris and Looper of the 8th:
A bill to amend an. Act placing the Clerk of the Superior Court of Pickens County on an annual salary so as to change the compensation of the clerk of the superior court.

HB 1927. By Representatives Anderson, Harris and Looper of the 8th:
A bill to amend an Act creating the office of Commissioner of Pickens County so as to change the compensation of the commissioner.

HB 1928. By Representatives Anderson, Harris and Looper of the 8th:
A bill to amend an Act placing the Sheriff of Pickens County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff.

HB 1929. By Representatives Anderson, Harris and Looper of the 8th: A bill to amend an Act placing the Judge of the Probate Court of

WEDNESDAY, MARCH 1, 1978

2057

Pickens County on an annual salary in lieu of the fee system of compen sation so as to change the compensation of the judge of the probate court.

HB 1930. By Representatives Anderson, Harris and Looper of the 8th:
A bill to amend an Act creating the office of Tax Commissioner of Pickens County so as to change the compensation of the tax commissioner,

HB 1931. By Representative Ross of the 76th:
A bill to amend an Act creating a Small Claims Court in Lincoln County so as to change the civil jurisdiction of said court.

HB 1932. By Representative Owens of the 77th:
A bill to amend an Act providing for the election of members of the Board of Education of Columbia County so as to change the compensa tion of members of the board of education; to provide for a referendum.

HB 1933. By Representative Owens of the 77th:
A bill to amend an Act creating the Board of Commissioners of Columbia County so as to provide for the recall of the Chairman and members of the Board of Commissioners of Columbia County; to provide for recall elections and petitions.

HB 1934. By Representatives Ramsey of the 3rd, and Williams and Foster of the 6th:
A bill to amend an Act incorporating the City of Varnell so as to deannex certain property from the corporate limits of said city; to pro vide for a referendum.

HB 1936. By Representatives Jones of the 78th and Tucker of the 73rd:
A bill to amend an Act to provide that the Grand Jury selecting mem bers of the County Board of Education of Butts County shall be auth orized to select two members from certain militia districts so as to pro vide for the selection of the members of the school board on an at-large basis; to provide for continuity in office; to provide for a referendum.

HB 1938. By Representatives Veazey and Patten of the 146th:
A bill to amend an Act providing and establishing a new charter for the Town of Alapaha so as to change the corporate limits of that town.

HB 1941. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to amend an Act creating a new Board of Commissioners of

2058

JOURNAL OP THE SENATE,

Clarke County so as to change the compensation of the chairman and the members of the board of commissioners.

HB 1942. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to amend an Act providing for the combination of the present functions of the Magistrate's Court of Clarke County, Georgia, and the Recorder's Court of the City of Athens, Georgia, into one court so as to enumerate certain fees and require a larger deposit on cost of suit.
HB 1943. By Representatives Snow and Hays of the 1st and Money of the 5th:
A bill to amend an Act creating the office of Commissioner for Dade County so as to change the provisions relating to the compensation and expenses of the commissioner; to prohibit the sale of county prop erty under certain conditions; to prohibit the reduction of the millage rate for county ad valorem taxation under certain conditions.
HB 1944. By Representatives Snow and Hays of the 1st, Money of the 5th and others:
A bill to amend an Act creating a Charter for the City of Chickamauga so as to provide for the election of a recorder and to provide for his term of office.

HB 1954. By Representatives Johnson and Glanton of the 66th:
A bill to amend an Act establishing a system of public schools for the City of Carrollton so as to change the provisions relating to the elec tion of the Board of Education for Carrollton.

HB 1955. By Representatives Johnson and Glanton of the 66th:
A bill to amend an Act establishing a new charter for the City of Car rollton so as to change the provisions relating to city elections.

HB 1957. By Representatives Glanton and Johnson of the 66th: A bill to provide a new Charter for the City of Mt. Zion.

HB 1962. By Representative Peters of the 2nd:
A bill to amend an Act creating the office of Commissioner of Catoosa County so as to change the amount paid for clerical aasistance to the commissioners.

HB 1963. By Representative Peters of the 2nd:
A bill to amend an Act creating the office of Tax Commissioner of Ca toosa County as as to change the compensation of the tax commissioner and his clerical assistance allowance.

WEDNESDAY, MARCH 1, 1978

2059

HB 1964. By Representative Peters of the 2nd:
A bill to amend an Act providing for the fiscal administration of the office of Sheriff of Catoosa County so as to change the salary of the sheriff.

HB 1965. By Representative Peters of the 2nd:
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 so as to change the allowances for clerical help for the judge of the probate court.

HB 1966. By Representatives Walker of the 115th and Culpepper of the 98th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Macon County into the office of Tax Commissioner of Macon County; to provide for the rights, duties and liabilities of said office; to pro vide for the election of the tax commissioner; to provide for his term of office.

HB 1979. By Representatives Harris, Anderson and Looper of the 8th:
A bill to amend an Act placing the coroner of Bartow County upon an annual salary so as to change the compensation of the coroner; to authorize the payment of certain expenses by the county; to authorize the appointment of a deputy coroner.

HR 711. By Representatives Ware of the 68th and Mullinax of the 69th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to establish classifications of property for purposes of ad valorem taxation for the benefit of any development authority created for all or any part of the City of West Point.

HR 714. By Representatives Murray of the 116th and Castleberry of the lllth:
A resolution proposing an amendment to the Constitution so as to create the Downtown Americus Authority; to provide for the powers, authority and duties of such Authority; to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof.

HR 716. 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 repeal Resolution Act Number 80 which proposed an amendment to the Constitution increas ing jurisdiction of civil cases over which the Justices of the Peace of Charlton County shall have jurisdiction.

2060

JOURNAL OF THE SENATE,

HR 719. By Representatives Rainey of the 135th and Sizemore of the 136th:
A resolution proposing an amendment to the Constitution so as to in crease the membership of the Crisp County-Cordele Industrial Develop ment Authority.

HR 720. By Representatives Anderson, Looper and Harris of the 8th:
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 Cherokee County shall have jurisdiction.

HR 724. By Representatives Murphy of the 18th, Harris of the 8th, Collins of the 144th and Snow of the 1st:
A resolution proposing an amendment to the Constitution so as to autho rize the General Assembly Appropriations Act to continue in force and effect until another General Appropriations Act is adopted.

HR 739. By Representatives Reaves of the 147th and Pinkston of the 100th:
A resolution authorizing the Georgia Forestry Commission to execute long-term lease with the United States of America, by the Southeastern Area, State and Private Forestry, Forest Service, Department of Agri culture, for a certain tract of land located in Bibb County together with the improvements located and to be located thereon.
HB 256. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend the "Georgia Criminal Justice Act", as amended, so as to provide for the appropriation and distribution of State funds; to provide for appointment of local public defender attorneys.
HB 304. By Representative Greer of the 43rd:
A bill to amend an Act creating the office of District Attorney Emeritus and creating a retirement fund, so as to provide for survivor's benefits and for increased payments into the retirement fund.

HB 330. 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 provide death benefits upon the death of an active member sheriff who is otherwise eligible to receive retirement benefits except for his not having termi nated his official capacity and service as sheriff.
HB 791. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Code Section 40-1902, relating to the duties, power and

WEDNESDAY, MARCH 1, 1978

2061

authority of the Department of Administrative Services, as amended, so as to provide that fidelity bonds procured by the Commissioner shall include statutory bonds of State officials; to provide that fidelity bonds procured by the Commissioner shall satisfy any statutory bonding re quirement of State officers, officials or employees.

HB 1230. By Representatives Baugh of the 108th, Parham of the 109th and Clark of the 13th:
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 and the calculation of service retirement benefits.

HB 1233. By Representatives Toles of the 16th, Oldham of the 14th and Childers of the 15th:
A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees, as amended, so as to change certain definitions to include librarians and other employees of regional and county libraries for eligibility under said health in surance plan.

HB 1417. By Representatives Kemp of the 139th, Walker of the 115th, Tuten of the 153rd and others:
A bill to amend Code Sections 34-605 and 34A-503, relating to qualifi cations of registrars and deputy registrars, so as to clarify a certain ineligibility.

HB 1459. By Representatives Wood, Whitmire and Jackson of the 9th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia so as to provide for the granting of creditable service to certain members for service on active duty in the armed forces of the United States during certain periods.

HB 1469. By Representatives Buck of the 95th, Coleman of the 118th, Murphy of the 18th and others:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia so as to remove the limitation from the compensation to be paid the Secretary-Treasurer of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia; to provide an effective date.

HB 1470. By Representatives Buck of the 95th, Coleman of the 118th, Murphy of the 18th and others:
A bill to amend an Act creating the Sheriff's Retiremept Fund of Geor gia so as to provide an increase in the retirement benefits for those who become eligible to receive benefits after a certain date.

2062

JOURNAL OF THE SENATE,

HB 1487. By Representatives Childs of the 51st, Wood of the 9th, Robinson of the 58th and Harris of the 60th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia so as to provide for creditable service for certain service while on active duty in the armed forces of the United States; to provide for the payment of contributions for the purchase of such credit.

HB 1518. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to provide for credit for out-of-state service.

HB 1532. By Representatives McDonald of the 12th:
A bill to amend Code Chapter 45-5, relating to hunting, so as to make it unlawful to have or maintain certain loaded firearms in an automobile or other motor vehicle.

HB 1809. By Representative Murphy of the 18th:
A bill to create the Georgia Sports Hall of Fame Board; to provide for membership, expenses, offices, personnel, functions, purposes and funds.

HB 1817. By Representatives Canty of the 38th, Glover of the 32nd, Randall of the 101st and Lucas of the 102nd:
A bill to amend an Act to establish a State Board for the Certification of Librarians so as to change the provisions regarding appointment of members of the board.

HB 1826. By Representatives Coleman of the 118th, Foster of the 152nd, Parham of the 109th and others:
A bill to amend an Act pertaining to the registration and licensing of motor vehicles in counties throughout the State so as to provide for special and distinctive automobile license plates for the elected sheriffs of the counties of this State; to provide a fee.

HB 1839. By Representative Greer of the 43rd:
A bill to amend an Act known as the "Development Authorities Law" 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 1846. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act establishing a Department of Community Affairs and providing for its powers, duties and functions, so as to change certain provisions relative to the payment of the expenses of the mem bers of the Board of Community Affairs.

WEDNESDAY, MARCH 1, 1978

2063

HB 1937. By Representative Adams of the 36th:
A bill to amend an Act to establish a Department of Community Affairs and provide its powers, duties and functions so as to transfer to said Department of Community Affairs the responsibility directly or in cooperation with other agencies to provide, coordinate or secure services to local governments relating to local financing, public facilities, law enforcement, personnel recruiting, public administration and related activities.

HR 591. By Representative Harris of the 8th and others: A resolution creating the State Authorities Study Committee.

HR 656. By Representatives Coleman of the 118th, Foster of the 152nd, Keytpn of the 143rd and others:
A resolution proposing an amendment to the Constitution so as to pro vide for funds, insurance or a fund or a combination thereof for the purpose of providing indemnification with respect to the death of any law enforcement officer, fireman or prison guard killed in the line of duty.

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 proceedings.

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 enforcement agency in relation to the application.

HB 731. By Representatives Kaley of the 19th, Walker of the 115th and Nix of the 20th:
A bill to provide for the protection of survey monuments; to prohibit the removal, destruction, injury or displacement of monuments; to pro vide for penalties; to provide for other matters relative to the foregoing.

HB 732. By Representatives Kaley of the 19th, Walker of the 115th and Nix of the 20th:
A bill to regulate the preparation, contents, and recording of maps and plats of surveys of tracts or bodies of land, including subdivisions, site plans and condominiums; to prescribe conditions under which such maps of plats shall be entitled to record.

2064

JOURNAL OF THE SENATE,

HB 1386. By Representatives Kemp of the 139th, Davis of the 99th, Johnston of the 56th and others:
A bill to amend Code Section 56-407.1, relating to uninsured motorist coverage, so as to change the maximum amounts of such coverage which may be obtained from an insurer; to provide for editorial revision.

HB 1458. By Representatives Coleman of the 118th, Veazey of the 146th, Banner of the 130th and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act" so as to authorize the Peace Officer Standards and Training Council to develop, adopt and issue professional certificates; to provide an effective date.

HB 1503. By Representatives Whitmire, Jackson and Wood of the 9th:
A bill to amend Code Section 92-4801, relating to the amount and condi tions of bonds that tax collectors and tax commissioners are required to give to the State and county, so as to authorize an increase in the amount of bond required to be given to the county.

HB 1506. By Representatives Home of the 104th, Pinkston of the 100th, Kemp of the 139th and others:
A bill to amend Code Chapter 67-7, relating to the manner of fore closures of mortgages on personalty so as to provide for the giving of oaths in certain cases in which the person holding a security interest is not a resident of the county where the debtor resides or where the secured property may be found.

HB 1563. By Representatives Culpepper of the 98th, Murphy of the 18th, Walker of the 115th and others:
A bill to amend Code Title 24A, the Juvenile Court Code so as to change the provisions regarding concurrent jurisdiction of superior court; to provide for transfer of certain cases.

HB 1567. By Representatives Williamson of the 45th, Karrh of the 106th, Kemp of the 139th and others:
A bill to amend Code Chapter 56-25, relating to life insurance so as to require that insurers pay interest at a specified rate on the proceeds of policies of life insurance; to provide limitations; to require speedy payment of such proceeds.

HB 1593. By Representatives Harris of the 60th and Johnston of the 72nd:
A bill to provide that liens for ad valorem taxes shall cover only the property against which the ad valorem tax that is the basis of the lien was assessed.

WEDNESDAY, MARCH 1, 1978

2065

HB 1638. 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 "Georgia Records Act" so as to provide a mean for local governments to establish records, management programs and retention schedules; to provide a means for courts to establish retention schedules.

HB 1640. By Representatives Walker of the 115th, Snow of the 1st, Hatcher of the 31st and others:
A bill to amend Code Section 59-108, relating to jury boxes, so as to provide for the contracting of electronic or mechanical means of selecting jurors on a judicial administrative districtwide basis.

HB 1641. By Representatives Walker of the 115th, Snow of the 1st, Evans of the 84th and others:
A bi'l to amend Code Section 59-112, re'ative t^ persons exempt from jury duty, so as to provide that a person other than the judge may be appointed by the judge to excuse jurors; to provide for establishment of guidelines by court rule.

HB 1642. By Representatives Walker of the 115th, Snow of the 1st, Evans of the 84th and others:
A bill to amend Code Chapter 59-7, relating to traverse juries in general, so as to provide for the mandatory administration of an oath to jurors to compel jurors to give a truthful answer to questions asked during the voir dire of all cases.

HB 1646. By Representatives Walker of the 115th, Snow of the 1st, Evans of the 84th and others:
A bill to amend Code Section 59-117, relating to delinquent jurors, so as to change the provisions relating to penalties; to provide for finding delinquent jurors in criminal contempt.

HB 1649. By Representatives Taggart of the 125th and Hill of the 127th:
A bill to amend Code Section 26-2713, relating to exceptions to the pro visions relating to gambling and related offenses of Code Chapter 26-27, so as to provide for additional exceptions for certain coin-operated games or devices.

HB 1699. By Representatives Lucas of the 102nd, Hatcher of the 131st, Horton of the 43rd and others:
A bill to amend Code Chapter 84-16, relating to regulation of billiard rooms, so as to provide that the provisions of the Chapter shall not apply in counties having a population of 100,000 or more, according to the United States Decennial Census of 1970 or any future such census.

2066

JOURNAL OF THE SENATE,

HB 1708. By Representatives Harrison of the 20th and Coleman of the 118th:
A bill to amend an Act authorizing special agents and enforcement officers of the Revenue Department to have certain law enforcement powers in the enforcement of liquor, wine and beer laws.

HB 1725. By Representative Ham of the 80th:
A bill to amend an Act relating to cash appearance bonds in traffic cases so as to provide who shall deliver receipts for bonds; to provide an effective date.
HB 1801. By Representatives Harris of the 8th, Collins of the 144th, Vaughn of the 57th and others:
A bill to provide a uniform method for the determination of fees to be charged by State licensing and examining boards.

HB 1804. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to provide for distribution of revenues from the local option sales and use tax in all counties having a population of not less than 27,500 and not more than 28,500, according to the United States Decennial Census of 1970 or any future such census.

HB 1808. By Representatives Lambert of the 112th, Murphy of the 18th, Ware of the 68th and Castleberry of the lllth:
A bill to amend Code Section 56-3002, relating to scope and format of individual accident and sickness insurance policies, so as to provide that no such policy nor any group or blanket policy providing such insurance shall contain a provision denying or reducing certain benefits as a result of the receipt of medical assistance benefits; to specify policies in violation to be null and void.

HB 1840. By Representatives Ware of the 68th, Argo of the 63rd, Castleberry of the lllth and others:
A bill to amend an Act to create an Authority to be known as the Georgia Residential Finance Agency so as to change the proportion of units financed by the agency which must be located inside or outside the Standard Metropolitan Statistical Areas of the State.

HB 1845. By Representatives Tuten of the 153rd, Foster and Wheeler of the 152nd and others: A bill to fix the terms of the Superior Courts of the Brunswick Judicial Circuit in the counties comprising said circuit.
HB 1848. By Representatives Thompson of the 93rd and Buck of the 95th: A bill to amend Code Section 24-2715, relating to additional duties of

WEDNESDAY, MARCH 1, 1978

2067

clerks of superior courts, so as to authorize the clerks of superior courts to record criminal cases on microfilm.

HB 1874. By Representatives Ware of the 68th, Castleberry of the lllth, Argo of the 63rd and others:
A bill to amend an Act known as the "Georgia Residential Finance Authority Act" so as to change the composition of the Authority; to specify qualifica'ions for certain public members of the Authority; to provide for the appointment and the initial terms of the public members added by this Act.

HB 1967. 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" so as to authorize the approval of county or private projects for which loans or grants under any Federal Act are made; to provide up dated citations to the federal law relating to the construction grants program.

HR 30. By Representatives Walker of the 115th, Waddle of the 113th, Watson of the 114th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that any taxpayer who is required to return intangible property annually to the State Revenue Commissioner for taxation and whose total intan~ible tax liability does not exceed five doFars shall be exempt from the payment of intangible property tax liability resulting there from.

HR 81. By Representatives Tolbert and Butler of the 56th, Richardson of the 52nd and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes on aquatic pleasure craft; to provide for the submission of this amendment for ratification or rejection.

HR 542. By Representative Peters of the 2nd: A resolution authorizing the disposal of a tract of State-owned property.

HR 647. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A resolution authorizing the conveyance of certain State-owned property to the City of Ringgold, Georgia.

HR 663. By Representatives Tuten of the 153rd and Auten of the 154th:
A resolution authorizing the conveyance of certain State-owned real property located in Glynn County, Georgia, to the City of Brunswick

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JOURNAL OF THE SENATE,

and the acceptance of certain real property owned by the City of Bruns wick located in Glynn County, Georgia, in consideration therefor.

HR 665. By Representative Collins of the 144th:
A resolution authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia.

HR 713. By Representatives Poster of the 6th and Colwell of the 4th:
A resolution authorizing the conveyance of certain State-owned real property located in Walker County, Ga., to ROL, Inc., and the acceptance of certain property owned by ROL, Inc., located in Walker County, Ga.

HB 1833. By Representative Ham of the 80th:
A bill to amend an Act creating a new charter for the City of Forsyth so as to provide for publication of notice to adopt ordinances.

HB 1834. 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 authorize the grand jury to arbitrate and decide certain disputes.

HB 1978. By Representative Daniel of the 88th, Dent of the 85th, Beckham of the 89th and Truluck of the 86th:
A bill to amend an Act creating the office of Tax Commissioner of Richmond County so as to change the provisions relative to the fees and compensation for the collection for taxes levied for school purposes in Richmond County.

HB 1987. By Representatives Cooper, Kaley and Wilson of the 19th:
A bill to amend an Act amending, revising, consolidating and super seding the several Acts incorporating the town of Austell and reincorporating said town as a city so as to change the compensation of the mayor and councilmen.

HB 1991. By Representative Bray of the 70th:
A bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compensation so as to change the compensation of the sheriff; to change the compensation of the deputies of the sheriff.

HB 1992. By Representatives Murray of the 116th and Castleberry of the lllth: A bill to amend an Act abolishing the fee system of compensating the

WEDNESDAY, MARCH 1, 1978

2069

Clerk of the Superior Court and the Clerk of the State Court of Sumter County and providing in lieu thereof an annual salary so as to change the compensation of the deputy clerks.

HB 1993. By Representatives Murray of the 116th and Castleberry of the lllth: A bill to amend an Act placing the Sheriff of Sumter County on a salary basis in lieu of a fee basis so as to change the annual salary of the sheriff.
HB 1994. By Representatives Murray of the 116th and Castleberry of the lllth: A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Sumter County into the one office of Tax Commissioner so as to clarify the provisions of the law to authorize the tax commis sioner to receive the same commissions which were the usual and customary commissions received by the tax commissioner prior to January, 1977.
HB 1999. By Representatives Clark, Milford and Mann of the 13th: A bill to amend an Act granting a new charter to the City of Lavonia so as to provide for post positions; to provide for the election of the members of the council by a citywide vote; to change the compensation of the mayor and council; to correct the date of the election.
HB 2004. By Representatives Long of the 142nd and Cox of the 141st: A bill to create and establish a Small Claims Court of Grady County.
HB 2006. By Representatives Knight of the 67th and Ware of the 68th: A bill to provide a new charter for the Town of Sharpsburg in the County of Coweta.
HB 2008. By Representatives Colwell and Twiggs of the 4th: A bill to incorporate the City of Sky Valley in the County of Rabun.

HB 2013. By Representative Edwards of the 110th:
A bill to amend an Act placing the Sheriff of Taylor County on a salary in lieu of the fee system of compensation so as to change the provisions relative to the compensation of the Sheriff.

HB 2017. By Representatives Snow and Hays of the 1st, Foster of the 6th and others:
A bill to amend an Act known as the "Walker County Development Authority Act" so as to change the definition of "undertaking", "proj-

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JOURNAL OF THE SENATE,

ect", "undertaking or project" and "undertaking and project"; and to provide for the Walker County Development Authority to have all powers enumerated under the "Development Authorities Law".

HB 2019. By Representative Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Tallapoosa so as to provide for certain gas, water and sanitation funds; to change certain accounting and budgetary procedures; to change the fiscal year of said City; to regulate sales to the City by officers and employees of the City.

HB 2020. By Representative Bray of the 70th:
A bill to amend an Act incorporating the City of Manchester so as to change the method and procedure for run-off elections for offices of the City of Manchester.
HR 543. By Representatives Daniel of the 88th, Dent of the 85th, Connell of the 87th and others:
A resolution proposing an amendment to the Constitution so as to authorize Richmond County to acquire, construct, equip, maintain and operate incinerators, garbage and refuse facilities, to prescribe and revise rates and to collect fees, tolls and charges for the use thereof.

HR 629. By Representatives Gammage of the 17th and Toles of the 16th:
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 Polk County shall have jurisdiction.
HR 652. By Representatives Daniel of the 88th, Connell of the 87th, Dent of the 85th and Swann of the 90th:
A resolution relative to developing recommendations for the merger of specified services currently provided by Richmond County and the City of Augusta, Georgia.

HR 735. By Representative Irvin of the 10th:
A resolution proposing an amendment to an amendment to the Consti tution known as the Toccoa-Stephens County Building and Parks Au thority so as to change the provisions relating to the requirement of a referendum for approval of leases and other contracts between said Authority and the City of Toccoa and County of Stephens.

HR 744. By Representative Kilgore of the 65th:
A resolution proposing an amendment to the Constitution so as to provide that residents of the City of Douglasville who are 65 years of age or older and whose annual income does not exceed $6,000.00 shall

WEDNESDAY, MARCH 1, 1978

2071

be granted a homestead exemption of $4,000.00 from ad valorem taxation by the City of Douglasville.

HR 480. By Representatives Murphy of the 18th, Connell of the 87th and Snow of the 1st:
A resolution amending a Resolution creating the "Select Committee on Constitutional Revision", approved March 30, 1977, so as to change the provisions relative to study committees; to change the provisions re'ative to a^owances for members of the Se'ect Committee and study committees; to provide for other matters relative thereto; to provide an effective date.

HR 586. By Representatives Beck of the 148th, Adams of the 79th, and Patten of the 146th:
A resolution proposing an amendment to the Constitution so as to provide for the publication of a summary of each proposed general amendment to the Constitution.

HB 1581. By Representatives Bolster of the 30th, Johnson of the 72nd, Adams of the 36th and others:
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, 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.

HB 1324. By Representatives Murphy of the 18th, Collins of the 144th, Harris of the 8th and Snow of the 1st:
A bill to amend an Act known as the "Georgia Administrative Procedure Act" so as to change the provisions relative to the notice required prior to the adoption, amendment or repeal of rules; to provide for notification of legislative committees; to provide for other matters relative thereto.

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 643. By Senator Dean of the 31st:
A bill to amend an Act reincorporating the City of Rockmart and cre ating a new charter for said city, as amended, so as to repeal the ward residency requirement for the election of councilmen within the city; to change the provisions relating to the qualifications of electors.

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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 51, nays 0.

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

HB 1631. By Representatives Williamson of the 45th, Tolbert and Butler of the 56th and others:
A bill to repeal an Act entitled "An Act to incorporate the town of Constitution, in the Counties of Fulton and DeKalb, to provide for its succession to the rights, powers and duties of the town of Constitution heretofore created by order of the DeKalb Superior Court, to provide a municipal government for the said town and confer certain rights, powers and privileges on the same".

The report 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 1875. By Representatives Mostiler and Carlisle of the 71st, Adams of the 79th and others:
A bill to amend an Act creating the Griffin Judicial Circuit so as to change the provisions relating to the supplement to the salary of the Judges and District Attorneys of the Griffin 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 51, nays 0.

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

HB 1910. By Representative Connell of the 87th:
A bill to amend an Act creating the Civil Court of Richmond County, Georgia, so as to change the name of the "Sheriff of the Civil Court of Richmond County, Georgia" to the name "Marshal of the Civil Court of Richmond County, Georgia".

WEDNESDAY, MARCH 1, 1978

2073

The report 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 1912. By Representatives Murray of the 116th and Castleberry of the lllth:
A bill to amend an Act creating the State Court of Sumter County so as to change the compensation of the judge and solicitor of said court.

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

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

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

HB 1915. By Representatives Harris of the 60th, Wall of the 61st and Phillips of the 59th:
A bill to amend an Act incorporating the City of Suwanee so as to change the office of the city clerk from an elective to an appointive 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 51, nays 0.

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

HB 1921. By Representative Murphy of the 18th: A bill to amend an Act creating the office of County Commissioner of Haralson County so as to change the compensation of the County Commissioner of Haralson County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill, having received the requisite constitutional majority, was passed.
On the passage of the bill, the yeas were 51, nays 0.

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JOURNAL OF THE SENATE,

HB 1946. By Representatives Mostiler and Carlisle of the 71st, Lee of the 72nd and others:
A bill to create the Fayette County Public Facilities Authority and to authorize such authority, to acquire, construct, equip, maintain and operate buildings and the usual and convenient facilities appertaining to such undertakings.

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

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

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

HB 1947. By Representatives Mostiler and Carlisle of the 71st, Lee of the 72nd and others: A bill to amend an Act creating a Board of Commissioners for Fayette County so as to provide for the reimbursement of the chairman and members of the board of commissioners for expenses incurred in the performance of their 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 1948. By Representatives Mostiler and Carlisle of the 71st, Lee of the 72nd and others: A bill to amend an Act consolidating the Offices of Tax Receiver and Tax Collector of Fayette County into the Office of Tax Commissioner of Fayette County so as to provide that the tax commissioner shall not collect or pay to the governing authority of Fayette County any com mission for the collection of educational taxes but shall pay all educa tional funds, collected without deduction, to the Board of Education of Fayette County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.

WEDNESDAY, MARCH 1, 1978

2075

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

HB 1949. By Representatives Mostiler and Carlisle of the 71st, Lee of the 72nd and others:
A bill to amend an Act creating a Board of Commissioners for Fayette County so as to change the provisions relating to the election of members of the board of commissioners; to change the provisions relating to dis tricts 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 1950. By Representatives Mostiler and Carlisle of the 71st, Johnson of the 72nd and others:
A bill to amend an Act to create and establish a Small Claims Court in and for Fayette County, Georgia, so as to change the qualifications of the judge of said court; to change certain exemptions.

The report 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 1960. By Representative Birdsong of the 103rd:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Twiggs County so as to authorize the recall of the members of the board of commissioners.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

2076

JOURNAL OP THE SENATE,

HB 1806. 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 providing for appointments to and the filling of vacancies on the Albany-Dougherty Hospital Authority so as to provide for appointments to and the filling of vacancies on the Albany-Dough erty Hospital Authority.

Senator Holloway of the 12th offered the following substitute to HB 1806:
A BILL
To be entitled an Act to amend an Act providing for appointments to and the filling of vacancies on the Albany-Dougherty Hospital Au thority, approved March 4, 1966 (Ga. Laws 1966, p. 3067), as amended by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2573), so as to provide for appointments to and the filling of vacancies on the AlbanyDougherty Hospital Authority; to provide the procedures connected therewith; 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 appointments to and the filling of vacancies on the Albany-Dougherty Hospital Authority, approved March 4, 1966 (Ga. Laws 1966, p. 3067), as amended by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2573) 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. The Board of Commissioners of Dougherty County may, by resolution, establish and change from time to time the number of members of the Albany-Dougherty Hospital Authority, their terms of office, the manner of appointment, the method of filling vacancies, and all other matters relative to the membership of the Authority."
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 51, 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, the yeas were 51, nays 0.

WEDNESDAY, MARCH 1, 1978

2077

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

HB 1907. By Representative Connell of the 87th:
A bill to amend an Act to provide and fix the compensation of certain elected officials in certain counties of this State so as to change the salaries of certain elected officials in said counties.

The Committee on County and Urban Affairs offered the following sub stitute to HB 1907:

A BILL

To be entitled an Act to amend an Act to provide and fix the com pensation of certain elected officials in certain counties of this State, approved March 24, 1976 (Ga. Laws 1976, p. 3155), as amended by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4446), so as to change the salaries of certain elected officials in said counties; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act to provide and fix the compensation of certain elected officials in certain counties of this State, approved March 24, 1976 (Ga. Laws 1976, p. 3155), as amended by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4446), 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. In all counties of this State having a population of not less than 145,000 nor more than 165,000, according to the 1970 United States Decennial Census or any future such census, the following elected officials in such counties shall receive a monthly
salary as provided:

Clerk of Superior Court ,,,,.._...,,._....,,_.......$ 1,700.00

Judge of Probate Court .,,..................._.____.__.._._...............$ 1,800.00

Tax Commissioner ......... ............................... .^ 1,800.00

Judge of State Court............................................$ 2,222.00

Solicitor of State Court .............^. ..................... ^ 1,356.60

Coroner ................................................. ........^ 892.00

Judge of Civil Court ......^..... ........................$ 2,000.00

Associate Judge of Civil Court

.......................$ 1,700.00

Chairman, Board of Commissioners . .........................^ 783.33

County Commissioners ._...,,...---.--..,,---...,,_..,,__.-.._....,,.$ 583.33

District Attorney ........................................................ ^ 595.83

Judges of the Superior Court .......................^ 807.85

Sheriff ------.____________-------.______----__-$ 2,100.00

Provided, however, that the judge of the State court shall not be permitted to engage in the private practice of law."

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JOURNAL OF THE SENATE,

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 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.

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

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 Holloway Howard Hudson Johnson Kennedy Kidd Langford
Lester

McGill Paulk Pearce Reynolds Riley Shapard Starr Stephens Summers Sutton Thompson Timmons Turner Walker

Those not answering to their names were Senators:

Bell Brantley Hudgins Overby

Robinson Russell Scott Stumbaugh

Tate Traylor Tysinger Wessels

Senator Barker of the 18th introduced the chaplain of the day, Reverend Ronald Spillers, pastor of the Central Baptist Church, Warner Robins, Georgia, who offered prayer.

The following resolution of the Senate, favorably reported by the committee, was read and adopted:

WEDNESDAY, MARCH 1, 1978

2079

SR 366. By Senator Hill of the 29th:
A resolution urging the Governor to designate the azalea as the "State Wild Flower".

The following resolutions of the Senate were read and adopted:

SR 374. By Senator Barnes of the 33rd: A resolution congratulating Mr. and Mrs. Thomas J. Browning.

SR 378. By Senators Johnson of the 34th, Hudson of the 35th, Brantley of the 56th and others:
A resolution commending Mrs. Augusta R. Mann.

SR 379. By Senators Dean of the 31st and Brantley of the 56th: A resolution commending Misty Stieglitz.

SR 380. By Senators Pearce of the 16th and Hudgins of the 15th: A resolution commending Mr. William Henry Williams.

The following bill of the House was taken up for the purpose of considering the House action thereto:

HB 1224. By Representatives Lambert of the 112th, Murphy of the 18th, Harris of the 8th and others:
A bill to provide appropriations for the fiscal year beginning July 1, 1978, and ending June 30, 1979; to provide an effective date.

Senator Broun of the 46th moved that the Senate adhere to the Senate sub stitute to HB 1224 and that a Conference Committee be appointed.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1224.

The President appointed as a Conference Committee the following: Senators Broun of the 46th, Riley of the 1st and Holloway of the 12th.

The following bill of the Senate was taken up for the purpose of considering the House action thereto:

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JOURNAL OF THE SENATE,

SB 503. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend an Act creating the Department of Public Safety, as amended, so as to provide that the chief law enforcement officer of any municipality may request the assistance of members of the Georgia State Patrol in the prevention and detection of violations of the criminal laws and in the apprehension of those violating such laws.

The House amendment was as follows:
Amend SB 503 by substituting a new Section 2 and renumbering appropriate sections as follows:
"Section 2. Said Act is further amended by adding at the end of the second paragraph of Section 1 of Article III a new sentence to read as follows:
'Any head of a municipal or county fire department may request the assistance of the Georgia Bureau of Investigation to conduct and exercise its lawful powers and authorities in the investigation of any crime-related fires.'
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed."

Senator Starr of the 44th moved that the Senate agree to the House amend ment to SB 503.

On the motion, 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 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 Robinson Scott Shapard Starr Stephens Stumbaugh Summers Button Thompson Timmons Turner Walker Wessels

WEDNESDAY, MARCH 1, 1978

2081

Those not voting were Senators:

Brown of 47th
Coverdell Hudgins

Riley
Russell Tate

Traylor Tysinger

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 503.

The following bill of the House was taken up for the purpose of considering the House action thereto:

HB 1288. By Representative Johnson of the 74th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to authorize the Commissioner to require the collection of tax on the retail price on certain sales of tangible personal property for resale; to provide for an effective date.

The House amendment was as follows:
Amend the Senate amendment to HB 1288 as follows:
By striking therefrom the following:
"(i) Sales of any religious paper in Georgia, owned and oper ated by religious institutions or denominations, no part of the net profit from the operation of which can inure to the benefit of any private person. Also sales by religious institutions or denominations when the net profits from such sales shall be used for purely charit able purposes, and no part of such net profits can inure to the benefit of any private person.",
and substituting in lieu thereof the following:
"(i) Sales of any religious paper in Georgia, owned and oper ated by religious institutions or denominations, no part of the net profit from the operation of which can inure to the benefit of any private person. Also sales by religious institutions or denominations when any such sale results from a specific charitable fund-raising activity and the number of days on which such activity occurs does not exceed 30 in any calendar year and when the gross sales or net profits from such sales shall be used for purely charitable pur poses, and no part of such gross sales or net profits can inure to the benefit of any private person; provided, as used herein, 'purely charitable purposes' means relief of the aged; church related youth activities; religious instruction or worship; and construction or repair of church buildings or facilities."

Senator Barnes of the 33rd moved that the Senate agree to the House amend ment to the Senate amendment to HB 1288.

2082

JOURNAL OF THE SENATE,

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

Allgood
Ballard 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 Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Pearce
Reynolds Riley Robinson Scott Shapard Starr Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Banks Coverdell Duncan

Hudgins Russell Stephens

Tate Traylor

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1288.

The following local bill of the Senate was taken up for the purpose of considering the House action thereto:
SB 543. By Senator Kidd of the 25th: A bill to amend an Act providing for a Board of Trustees of the Georgia Military College, as amended, so as to change the number and com position of the said Board of Trustees; to change the provisions relating to the appointment of election of the Board; to provide procedures connected with the forming of said Board; to provide for vacancies; to repeal a specific provision.
The House amendment was as follows: Amend SB 543 as follows:
By striking lines 25 and 26 of Page 2 and adding the following:
"Section 3: Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
'Section 4: Be it further enacted that any citizen, male or female of the City of Milledgeville shall be eligible to hold said

WEDNESDAY, MARCH 1, 1978

2083

office who is not less than 21 years of age and not more than 70 years of age.'

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

Senator Kidd of the 25th moved that the Senate agree to the House amend ment to SB 543.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 543.

The following bills of the Senate were taken up for the purpose of considering the House action thereto:

SB 420. By Senator Kidd of the 25th:
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 definitions to be used in the Georgia Election Code; to provide for the preservation of records; to provide for county registrars; to provide for qualification of registrars and deputy registrars.

The House substitute to SB 420 was as follows:
A BILL
To be entitled an Act to amend Title 34 of the Code of Georgia, said Title being known as the "Georgia Election Code", so as to provide for definitions to be used in the Georgia Election Code; to provide for the preservation of records; to provide for county registrars; to provide for qualification of registrars and deputy registrars; to provide for registration cards; to provide for the keeping of registration cards and other papers, voter registration places and office hours; to provide for the examination of registration cards and registration; to provide for the filing of disqualification lists with registrars; to provide for lists of electors; to provide for voting only from electors' list; to provide for changes of residence of electors; to provide for the equipment and arrangement of polling places; to provide for November elections; to provide for filing notices of candidacy; to provide for the giving of a notice of intent of write-in candidates; to provide for the qualification of candidates for party nominations; to provide for the form of ballot labels on voting machines; to provide for the preparation of voting machines; to provide for the repair of voting machines; to provide for the form of ballot labels on vote recorders; to provide for reexamination of elector's qualifications; to provide for regulations to be en forced at polling places; to provide for lists of electors and voter's certificates; to provide for the duties of poll officers after the close of polls; to provide for the signing and disposition of returns, electors lists and voter's certificates, and posting of cards of instruction and notices, penalties and examination of voting machines; to provide for

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the disposition of returns; to provide for returns in districts in which
vote recorders are used; to provide for application for absentee ballots; to provide for the keeping and depositing of ballots; to provide for the delivery of ballots and other documents to the clerk of superior court;
to replace the words "Judge of the Probate Court" with the word "superintendent" throughout said Title, except where the context re quires otherwise; to prohibit certain persons from serving as poll watchers; to provide for requirements for voter registration places; to provide a severability clause; to provide an effective date; to repeal
conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Georgia Code Section 34-103, concerning definitions used in the Georgia Election Code, is hereby amended by deleting subsection (ac) in its entirety and the following is substituted in lieu thereof:

"(ac) The word 'superintendent' shall mean the Judge of the Probate Court of a county or the county board of elections if a. county has such;".
"Section 2. Georgia Code Section 34-103 concerning definitions used in the Georgia Election Code, is hereby amended by adding thereto a new subsection (ah) which shall read as follows:

"(ah) The 'call', as used in relation to special elections or pri
maries, shall mean the affirmative action taken by the responsible public officer to cause a special election or primary to be held. The date of the call shall be the date of the first publication in a news paper of appropriate circulation of such affirmative action."

Section 3. Georgia Code Section 34-303, concerning the preservation of records, is hereby deleted in its entirety and the following is sub stituted in lieu thereof:

"34-303. Preservation of records. All primary and election documents in the office of the Secretary of State shall be preserved therein for a period of at least twenty-four (24) months and then
the same may be destroyed unless otherwise provided by law."

Section 4. Georgia Code Section 34-404, concerning the preserva tion of records, is hereby deleted in its entirety and the following is
substituted in lieu thereof:

"34-404. Preservation of records. All primary and election documents in the office of the election superintendent of each county shall be preserved therein for a period of at least twenty-
four (24) months and then the same may be destroyed unless other wise provided by law."

Section 5. Georgia Code Section 34-603, concerning county regis-

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2085

trars, is hereby amended by deleting subsection (a) in its entirety and the following is substituted in lieu thereof:

"(a) The judge of the superior court in each county or the senior judge, in time of service, in those counties having more than one judge, shall appoint quadrennially, upon, the recommendation of the grand jury of such county, not less than three nor more than five judicious, intelligent and upright electors of such county as
county registrars. The grand jury shall submit to the judge the names of ten such electors and the appointment shall be made
therefrom and shall be entered on the minutes of the court. When making such appointments, the judge will designate one of the
registrars as chief registrar who shall serve as such during his term of office, and such designation shall likewise be entered
on the minutes of the court. It shall be the duty of the clerk of the superior court to certify the appointments and designation to the Secretary of State within thirty days after the appointments
and designation, and commissions shall be issued as for county officers. When certifying such names to the Secretary of State, the clerk of the superior court shall also list the addresses of the registrars. The registrars shall serve for a term of four years and until their successors are appointed and qualified, except in the event of registration or removal as hereinafter provided. Such judge will have the right to remove one or more of such registrars, at any time, for cause after notice and hearing. Any registrar shall have the right to resign at any time by submitting a resignation
to such judge. In the event of any such removal or resignation of a registrar, his duties and authority as such shall terminate instanter. In case of the removal, death or resignation of a registrar, the judge shall appoint a successor who shall serve until the next grand jury convenes, at which time the grand jury shall submit to the judge the names of two judicious, intelligent and upright electors of such county, and the judge shall make his appointment from said list, such successor to serve the unexpired term of his predecessor in office. In the event the grand jury is in session at the time of any such death, removal or resignation, then such grand jury shall immediately submit the names of said electors to the judge for his appointment. Each such appointment or change in designation shall be entered on the minutes of the court and certified as herein
provided."

Section 6. Georgia Code Section 34-605, concerning qualifications of registrars and deputy registrars, is hereby deleted in its entirety and the following is substituted in lieu thereof:

"34-605. Qualifications of registrars and deputy registrars. Registrars and deputy registrars shall be electors of the county in which they are appointed and shall be able to read, write and' speak the English language. No person, while serving as a regis trar, deputy registrar, or member of a County Board of Elections or within a period of six months after so serving, shall be eligible to any nomination or office to be voted for at a primary or election, provided, however, that this intelligibility shall not apply to a tax commissioner or tax collector, or to any candidate for such office of tax commissioner or tax collector. Provided, nothing herein

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shall preclude a member of a County Board of Elections, a registrar or deputy registrar from holding political party or body office or serving as a presidential elector."

Section 7. Georgia Code Section 34-608, concerning registration
cards, is hereby deleted in its entirety and the following is submitted in lieu thereof:

"34-608. Registration cards; supply; use. The registrars of the several counties shall obtain a supply of registration cards from the Secretary of State which shall be used by them in connection with the application of those persons seeking to register as electors.
Section 8. Georgia Code Section 34-610, concerning the keeping of registration cards and other papers, voter registration places and office hours, is hereby amended by adding thereto a new subsection (d) which shall read as follows:
"(d) Blank registration cards shall be numbered and shall be issued only to deputy registrars who shall give the chief registrar a receipt therefor. The chief registrar shall maintain such receipts as he does other voter registration records. Registration shall be conducted only at the main office of the board of registrars and at such additional places as have been designated by the chief registrar pursuant to this Code."
Section 9. Georgia Code Section 34-613, concerning examination of registration cards and registration, is hereby amended by deleting subsection (b) in its entirety and the following is substituted in lieu thereof:

"(b) Notwithstanding any other provision of this Chapter, if additional places for registration have been designated, the chief registrar shall designate one or more registrars, or one or more deputies, or any combination thereof, to act as a board of registrars
for the purpose of taking applications for registration, examining applicants and registering persons to vote at each place of registra tion. While so acting, such registrar or registrars, or deputy or deputies, or combination thereof, shall have all the rights and powers and shall be subject to all the limitations that are applicable
to the board of registrars."

Section 10. Georgia Code Section 34-621, concerning filing of dis qualification lists with registrars, is hereby deleted in its entirety and the following is substituted in lieu thereof:

"34-621. Filing of disqualification lists with registrars. The
clerk of the superior court of each county shall, on or before the 10th day of each month, prepare and file with the registrars a complete list, alphabetically arranged with their addresses and ages, of persons residing in the county who appear to be disqualified from voting by reason of having been convicted of a crime during the preceding month, the penalty of which is disfranchisement,

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2087

unless such person has been pardoned and the right of suffrage
restored to him. The Judge of the Probate Court of each county shall, by such date, file a similar list of all persons residing in the county who appear to be disqualified from voting by reason of an adjudication of idiocy or insanity during the preceding month. The local registrar of vital statistics of each county shall, by such date, file a similar list of those persons who have died during the pre
ceding month. Each such list shall contain such other information
as may be necessary to individually identify persons having the same or similar names."

Section 11. Georgia Code Section 34-623, concerning lists of elec tors, is hereby deleted in its entirety and the following is substituted in lieu thereof:

"34-623. Filing of certified list with superior court clerk and Secretary of State; obtaining list from Secretary of State and board of registrars; arrangement of names; appearance of name on list as prerequisite to voting. Within three days after completing such list of electors, the registrars shall file with the clerk of the superior court of their county and Secretary of State a certified copy of such list. When requested, it shall be the duty of the Secre tary of State or the board of registrars, as the case may be, to furnish a certified copy of such list, or any part thereof, upon payment of a fee sufficient to cover the cost of preparing such list, but in no event shall the fee exceed an amount equal to onequarter cent for the name of each elector appearing thereon. The list shall be alphabetically arranged by election districts and it shall be the list of electors for the November election to be held in such year. No person whose name does not appear on such list shall vote or be allowed to vote at such November election, except as hereinafter provided. Such lists of electors shall not be used by any person for commercial purposes."

Section 12. Georgia Code Section 34-629, concerning voting from lists, is hereby deleted in its entirety and the following is substituted in lieu thereof:
"34-629. Voting only from list. All persons whose names appear on the list of electors placed in the possession of the managers in each election district, and no others, shall be allowed to deposit their ballots according to law, at the election district in which they are registered. Provided, however, nothing herein shall prevent the voting of electors in one central location in the county if provisions are made in that central location for voters to vote as they other wise would be permitted to vote in their respective election dis tricts. Provided further, however, at least one polling place shall be open in each election district during each primary and each election."
Section 13. Georgia Code Section 34-631, concerning changes of residence of electors, is hereby amended by adding thereto a new sub section (e) which shall read as follows:

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"(e) Any elector who moves to a residence within the county but into a different election district within 30 days prior to an election or a primary and fails to notify the board of registrars of such fact, may go to the office of the board of registrars, make a proper address change and receive a document authorizing the elector to vote in the new district of residence after which the
elector shall not vote in the district of his former residence. The board of registrars shall take such measures as are necessary to insure that an elector so authorized to vote in a new district shall not be permitted to vote in the district of his former residence."

Section 14. Georgia Code Section 34-708, concerning the equipment and arrangement of polling places, is hereby amended by deleting sub section (a) in its entirety and the following is substituted in lieu thereof:
"(a) The superintendent shall cause all rooms used as polling places to be suitably provided with heat and light, and, in districts in which ballots are used, with a sufficient number of voting com partments or booths with proper supplies in which the electors may conveniently mark their ballots, with a curtain, screen or door in which the upper part of the front of each compartment or booth so that in the marking thereof they may be screened from the ob servation of others. A curtain, screen or door shall not be required, however, for the self-contained units used as voting booths in which vote recorders are located if such booths have been designed so as to insure the privacy of the elector. When practicable, every polling place shall consist of a single room, every part of which is within the unobstructed view of those present therein, and shall be furnished with a guardrail or barrier closing the inner portion of such room, which guardrail or barrier shall be so constructed and placed that only such persons as are inside such rail or barrier can approach within six feet of the ballot box and voting compart ments, or booths or voting machines, as the case may be. The ballot box and voting compartments or booths shall be so arranged in the voting room within the enclosed space as to be in full view of those persons in the room outside the guardrail or barrier. The voting machine or machines shall be so placed in the voting rooms, within the enclosed space that, unless its construction shall otherwise require, the ballot labels on the face of the machine can be plainly seen by the poll officers when the machine is not occupied by an elector."

Section 15. Georgia Code Section 34-802, concerning November elections, is hereby deleted in its entirety and the following is substi tuted in lieu thereof:

"34-802. November election. The Governor, Statehouse officers, Members of Congress, Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, district attorneys, members of the General Assembly, county officers, and justices of the peace, shall be elected in the November election, next preceding the expiration of the term of office."

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2089

Section 16. Georgia Code Section 34-1002, concerning filing notices
of candidacy, is hereby deleted in its entirety and the following is sub stituted in lieu thereof:

"34-1002. Filing notice of candidacy, (a) The names of nomi
nees of political parties nominated in a primary shall be placed on the ballots without their filing the notice of -candidacy otherwise required by this Section.

(b) Candidates, other than the nominees of political parties nominated in a primary, shall file their notice of candidacy in the following manner and pay the prescribed qualifying fee by the date hereinafter prescribed in order to be eligible to have their name
placed on the general election ballot by the superintendent.

(c) Each candidate, other than a nominee of a political party
nominated in a primary, for federal or State office, or his agent, desiring to have his name placed on the ballot, shall file a notice of his candidacy, giving his name, residence address and the office
he is seeking in the office of the Secretary of State no later than
12:00 noon on the second Wednesday in June preceding the election in the case of a general election and at least fifteen days prior
to the election in the case of a special election; except that such filing shall not apply to a candidate for a militia district office (justice of the peace). Each candidate, other than a nominee of a political party nominated in a primary, for a county or militia
district office, or his agent, desiring to have his name placed on the ballots shall file notice of his candidacy in the office of the superintendent of his county no later than 12:00 noon on the second Wednesday in June preceding the election in the case of a general election and at least fifteen days prior to the election in the case
of a special election.

(d) Each candidate required to file a notice of candidacy by this Section shall, no later than 12:00 noon on the second Wednes day in July immediately prior to the election, file with the same official with whom he filed his notice of candidacy, a nomination petition in the form hereinafter prescribed; except that such peti tion shall not be required if such candidate is: (i) a nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States; ((ii) seeking office in a special election; or (iii) an incumbent qualifying as a candidate to succeed himself if, prior to the election at which he was originally elected to the office for which he seeks reelection, such incumbent accompanied his notice of candidacy with a nomi
nation petition.

(e) Each candidate required by this Section to file a notice of
candidacy shall accompany his notice of candidacy with an affidavit stating: (i) his residence, with street and number, if any, and his post office address; (ii) his profession, business or occupation, if any; (iii) the name of his election district; (iv) that he is an
elector of the county of his residence eligible to vote in the election

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in which he is a candidate; (v) the name of the office he is seeking; (vi) that he is eligible to hold such office; (vii) that he has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, felony or crime involving moral turpitude under the laws
of this State, or any other state or of the United States, or that he has been pardoned thereof with the date and authority of such pardon; and (viii) that he will not knowingly violate any provisions of this Code or rules and regulations adopted thereunder. The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his notice of candidacy.

(f) A pauper's affidavit may be filed in lieu of paying any qualifying fee otherwise required by this Section. A candidate fil ing a pauper's affidavit instead of paying a qualifying fee shall under oath affirm his poverty and his resulting inability to pay
the qualifying fee otherwise required."

Section 17. Georgia Code Chapter 34-10, concerning nomination of candidates, is hereby amended by adding thereto a new Code Section which shall read as follows:

"34-1017. Notice of intent of write-in candidates. No person elected on a write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given twenty or more days
prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the sub ject election, as follows: In a State general election, to the Sec
retary of State and by publication in a paper of general circu
lation in the State; in a general election of county officers, to the superintendent of the county in which he is to be a candidate and
by publication in the organ of the same county; in a municipal general election, to the mayor or similar officer thereof and by publication in the official gazette of the municipality holding the
election."

Section 18. Georgia Code Section 34-1005, concerning qualification of candidates, is hereby deleted in its entirety and the following is sub
stituted in lieu thereof:

"34-1005. Qualification of candidates; time for opening and
closing qualifications; posting of lists of candidates by political parties; certification of political party candidates to the super intendent and Secretary of State, (a) A candidate for any party nomination in a primary may qualify by either of the two following
methods:

(1) payment of a qualifying fee pursuant to the Election Code, or

(2) the submission of a pauper's affidavit by which the candi date, under oath affirms his poverty and his resulting inability to pay the qualifying fee otherwise required.

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2091

If a candidate seeks to qualify for a county or militia district office, the pauper's affidavit shall be presented to the county po litical party; otherwise, the candidate shall file his pauper's affi davit with the State political party. Unless otherwise provided by law, all candidates for party nomination in a primary shall qualify as such candidates in accordance with the procedural rules of their party; provided, however, that no person shall be prohibited from qualifying for such office who meets the requirements of such procedural rules and (i) who is eligible to hold the office which he seeks, (ii) who is not prohibited from being nominated or elected by provisions of Code Section 34-106 or 34-107, as presently written or hereafter amended, and (iii) who, if party rules so require, affirms his allegiance to his party by signing the following oath:
'I do hereby swear or affirm my allegiance to the (name of party) Party.'
(b) In the case of a general primary, the candidates shall commence qualifying at 9:00 a.m., on the fourth Wednesday in May and shall cease qualifying at 12:00 noon on the second Wed nesday in June immediately preceding such primary. In the case of a special primary, the candidate shall qualify at least 15 days prior to the date of such primary.
(c) Within one hour after the qualifications have ceased, the county executive committee of each political party shall post at the county courthouse a list of all candidates who have qualified with such executive committee, and the State executive committee of each political party shall post a list of all candidates who have qualified with such committee at the courthouse of the county in which such executive committee's office is located.

(d) Each candidate for party nomination described in sub section (a) of this Section shall file an affidavit with the political party at the time of his qualifying stating: (1) his residence, with street and number, if any, and his post office address; (2) his profession, business or occupation, if any, (3) the name of his
election district; (4) that he is an elector of the county of his residence eligible to vote in the primary election in which he is a candidate for nomination; (5) the name of the office he is seeking; (6) that he is eligible to hold such office; (7) that he has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, felony or crime involving moral turpitude, under the laws of this State, or any other state or of the United States, or that
he has been pardoned thereof with the date and authority of such pardon; and (8) that he will not knowingly violate any provisions
of this Code or rules or regulations adopted thereunder."

Section 19. Georgia Code Section 34-1208, concerning form of ballot labels on voting machines, is hereby amended by deleting subsection (a) in its entirety and the following is substituted in lieu thereof:
"(a) The ballot labels shall be printed in black ink, upon

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clear white or pastel color material, of such size as will fit the ballot frame, and in plain clear type so as to be easily readable by persons with normal vision."

Section 20. Georgia Code Section 34-1209, concerning preparation of voting machines, is hereby amended by deleting subsection (c) in
its entirety and the following is substituted in lieu thereof:

"(c) On or before the twelfth day preceding a primary or elec tion the superintendent shall mail to the foreman of the grand jury, the chairman of the county executive committee of each political party which shall be entitled under existing laws to par ticipate in primaries within the county, and to the chairman or presiding officer of any organization of citizens within the county having as its purpose or among its purposes the investigation or prosecution of primary and election frauds which has registered its name and address and the names of its principal officers with the superintendent at least thirty days before such primary or election, and, in the case of an election, to the appropriate com mittee of each political body which shall be entitled to have the names of its candidates entered on the voting machines, and to each independent candidate who shall be entitled to have his name printed on the voting machines, a written notice stating the times when and the place or places where preparation of the machines for use in the several election districts in the county will be started. The grand jury shall appoint a committee, consisting of three of its members, which shall inspect the machines and see that the machines are properly prepared and are placed in proper condition and order for use. In the event the hereinabove mentioned committee of the grand jury fails to be present, the superintendent shall immediately appoint a panel consisting of three electors to perform the duties of the committee of the grand jury set forth in this Section. Further, one representative of each political party or body, certified by the chairman of such committee and one representative of each aforementioned organization of citizens, certified by the chairman or presiding officer of such organization, and any such independent candidate or his certified agent shall be entitled to be present during the preparation of the machines and to see that the machines are properly prepared and are placed in proper con dition and order for use. Such committee of the grand jury, repre sentatives or candidates shall not, however, interfere with the prep aration of the machines, and the superintendent may make such reasonable rules and regulations concerning the conduct of such representatives and candidates."
Section 21. Georgia Code Section 34-1215, concerning the repair of voting machines, is hereby amended by deleting subsection (b) in its entirety.
Section 22. Georgia Code Section 34-1222, concerning form of ballot labels on vote recorders, is hereby amended by deleting subsection (a) in its entirety and the following is substituted in lieu thereof:

"(a) The ballot labels shall be printed in black ink, upon clear white or colored material, of such size and arrangement as

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2093

will suit the construction of the vote recorder, and in plain clear type so as to be easily readable by persons with normal vision. Provided, red material shall not be used."

Section 23. Georgia Code Section 34-1302, concerning voter's cer
tificates, is hereby amended by deleting from subsection (a) thereof the following:

"(a) At each primary and election each superintendent shall prepare a suitable number of voter's certificates which shall be in substantially the following form:",

and substituting in lieu thereof the following:

"(a) At each primary election the Secretary of State shall pre
pare and furnish to each county a suitable number of voter's certificates which shall be in substantially the following form:".

Section 24. Georgia Code Section 34-627, concerning the right of registrars to reexamine the qualifications of electors, is hereby amended by deleting subsection (b) in its entirety and the following is substituted in lieu thereof:

"(b) For the purpose of determining the qualification or dis
qualification of applicants and electors, the registrars may, upon
at least five days' notice, require the production of books, papers and other material, and upon like notice may subpoena witnesses. The registrars may swear any witness appearing before them. If the registrars shall differ among themselves upon any question coming before them, the concurrent votes of a majority of the registrars shall control."

Section 25. Georgia Code Section 34-1313, concerning regulations enforced at polling places, is hereby amended by deleting subsections (c), (e) and (g) in their entireties and substituting the following, re spectively, in lieu thereof:

"(c) No elector, except a poll officer or poll watcher, shall reenter the enclosed space after he has once left it, except to give assistance as provided by this Code.";

"(e) All persons, except poll officers, poll watchers, persons in the course of voting, persons lawfully giving assistance to electors, and peace officers, when necessary for the preservation of order, must remain outside the enclosed space during the progress of the voting.";

and

"(g) It shall be the duty of the chief manager to secure the observances of this Section, to keep order in the polling place, and to see that no more persons are admitted within the enclosed space than are permitted by this Chapter. Further, from the time a

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polling place is opened until the ballots are delivered to the super
intendent, the ballots shall be in the custody of at least two poll officers at all times."

Section 26. Georgia Code Section 34-1314.1, concerning lists of electors and voter's certificates, is hereby deleted in its entirety and the following is substituted in lieu thereof:

"34-1314.1. Return of checked list and voter's certificates; registrars to keep list and certificates open to public inspection. The chief manager in each election district shall return a checked list of electors, reflecting those who voted and those who received assistance in voting and the voter's certificates to the superintendent, to be deposited with the registrars. The board of registrars shall keep such voter's certificates for at least twenty-four (24) months and
such electors lists for at least ten (10) years which shall be avail able for public inspection."

Section 27. Georgia Code Section 34-1321, concerning duties of poll officers after the close of the polls, is hereby deleted in its entirety
and the following is substituted in lieu thereof:

"34-1321. Duties of poll officers after the close of the polls. After the polls are closed and the last elector has voted in districts in which ballots are used, at least two poll officers shall remain
within the enclosed space. Before the ballot box is opened, the number of ballots issued to electors, as shown by the stubs, and the number of ballots, if any, spoiled and returned by electors and can celled, shall be announced to all present in the voting room, and entered upon the general returns of votes cast at such primary or election. The poll officer shall then compare the number of electors
voting as shown by the stubs with the number of names shown as
voting by the electors list, voter's certificate, and the numbered list of voters, and shall announce the result, and shall enter on the general returns the number of electors who have voted, as shown by the voter's certificates. If any differences exist, they shall be
reconciled, if possible, otherwise they shall be noted on the general
returns. The electors' list, the voter's certificates, the numbered
list of voters and the stubs of all ballots used, together with all
unused ballots, and all spoiled and cancelled ballots, and all re jected voter's certificates shall then be placed in separate packages,
containers or envelopes, and sealed, before the ballot box is opened."

Section 28. Georgia Code Section 34-1326, concerning signing and disposition of returns, electors' list and voters' certificates, posting and return of ballot boxes, is hereby amended by deleting subsection (a) in its entirety and the following is substituted in lieu thereof:
"(a) Immediately after the vote has been counted in districts in which paper ballots are used, all of the general returns shall be signed by the poll officers. If any poll officer shall refuse to sign or certify the general returns, he shall write his reasons therefor upon the general return sheets. One of such returns shall be im mediately posted for the information of the public outside the polling

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2095

place or place of tabulation and one of such returns shall be returned sealed to the superintendent in an envelope prepared for the Secre tary of State and one shall be entrusted to the chief manager for delivery to the superintendent with the package of unused ballots and other election supplies in an envelope provided for that purpose. The poll officer shall then replace all the ballots cast, so counted and canvassed, in the ballot boxes, including those declared void, spoiled, and cancelled, together with the voter's certificates, one set of the tally papers, one general return sheet, one numbered list of voters, sealed as aforesaid, and one oath of each poll officer, and lock and seal each ballot box so that nothing can be inserted therein until it be opened again; and the chief manager and an assistant manager shall immediately deliver the ballot boxes to the custody of the superintendent, and the superintendent shall not compute any returns from any election district until the ballot boxes there for, as well as the package of unused ballots and other election supplies thereafrom are so delivered."
Section 29. Georgia Code Section 34-1327, concerning opening of polls, posting cards of instruction and notices of penalties and exami nation of voting machines, is hereby amended by deleting subsection (g) in its entirety and the following is substituted in lieu thereof:

"(g) If during the primary or election, a voting machine be comes inoperative in such manner that it cannot be readily repaired without exposing the count on the candidate counters, the poll
officers shall immediately lock and seal the operating lever or mechanism of the machine, so that the voting and counting mech anism will be prevented from operation. Upon the close of the polls, the poll officers shall perform their duties set forth in Sec tions 34-1331, 34-1332, 34-1333, and 34-1334 with respect to such machine. If necessary, because of the lack of another machine or other machines for use by the electors, after a voting machine be
comes inoperative, paper ballots shall be used."

Section 30. Georgia Code Section 34-1337, concerning returns in districts in which vote recorders are used, is hereby deleted in its entirety and the following is substituted in lieu thereof:

"34-1337. Return in districts in which vote recorders are used. Upon completion of the count of write-in votes, the manager shall
prepare and sign a return, in sufficient counterparts, showing: (a) the number of valid ballot cards, including any that are damaged; (b) the number of write-in ballots voted, and the tally of the write-in votes; (c) the number of spoiled and invalid ballot cards; and (d) the number of unused ballot cards. The manager shall then place one counterpart of the return, the voted ballot cards, defective, spoiled, and invalid ballot cards, and write-in ballots, each enclosed in an envelope, in the ballot card container, which shall be sealed and signed by the manager so that it cannot be opened without breaking the seal. The managers shall then de liver in the custody of at least two poll officers the container to the tabulating machine center, or other place designated by the superintendent and shall receive a receipt therefor. The remaining counterparts of the returns, unused ballot cards, records, vote re-

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corders, and other materials shall be returned in the same manner as similar materials in election districts in which voting machines and paper ballots are used."

Section 31. Georgia Code Section 34-1402, concerning applications for absentee ballots, is hereby amended by adding thereto a new sub
section (d), which shall read as follows:

" (d) In those counties in which the board of registrars provides application forms for absentee ballots, the board shall provide such quantity of the application form to the dean of each college or uni
versity located in that county as said dean determines necessary for the students of his college or university."

Section 32. Georgia Code Section 34-1407, concerning keeping and
depositing ballots, is hereby amended by deleting subsection (b) in its entirety and the following is substituted in lieu thereof:

"(b) After the close of the polls on the day of the primary or election, in election districts other than those in which vote recorders are used, a registrar shall deliver the official absentee ballot of each certified absentee elector, as well as the copies of the num bered list of certified and rejected absentee electors, to the man
agers in charge of the absentee ballot precinct of the county which shall be located in the county courthouse. Such manager with two assistant managers, appointed by the superintendent, with such clerks as the manager deems necessary shall count the absentee bal lots following the procedures prescribed by this Code for other bal lots, insofar as practicable, and prepare election returns for each election district in which absentee ballots were cast. In those dis
tricts in which vote recorders are used, such absentee ballots shall be taken to the tabulation center or other place designated by the superintendent, and the official receiving such absentee ballots shall issue his receipt therefor. A manager shall then open the en velope in such manner as not to destroy the oath printed thereon and shall deposit the inner envelope, marked 'Official Absentee Ballot' in a ballot box reserved for absentee ballots."

Section 33. Georgia Code Section 34-1515, concerning delivery of
ballots and other documents to the clerk of superior court, is hereby deleted in its entirety and the following is substituted in lieu thereof:

"34-1515. Delivery of ballots and other documents to clerk of superior court. Immediately upon completing the returns required by this Chapter, the superintendent shall deliver in sealed con tainers to the clerk of the superior court the used, unused and void ballots and the stubs of all ballots used, one copy of oaths of poll officers, one copy of the numbered lists of voters, tally paper, voting machine paper proof sheet, and return sheet, involved in
the primary or election. The clerk shall hold such ballots and other documents under seal (unless otherwise directed by the superior court) for at least twenty-four (24) months after which they shall be presented to the grand jury for inspection at its next meeting. Such ballots and other documents shall be preserved in the office

WEDNESDAY, MARCH 1, 1978

2097

of the clerk until the adjournment of such grand jury and then they may be destroyed unless otherwise provided by court order."

Section 34. Georgia Code Title 34, also known as the "Georgia Election Code", concerning elections, is hereby further amended by replacing the words "Judge of the Probate Court" with the word "super intendent" throughout said Code Title, except where the context requires otherwise.
Section 35. Code Section 34-1310, relating to poll watchers in primaries and elections, as amended, is hereby amended by adding at the end thereof a new subsection (d) to read as follows:

"(d) No person shall be appointed or eligible to serve as a poll watcher in any primary or election in which such person is a candidate."
Section 36. Code Section 34-610, relating to the keeping of regis tration cards and other papers, voter registration places and office hours, as amended, is hereby amended by adding thereto a new sub section (d) which shall read as follows:

"(d) All voter registration places shall be places open to the general public and frequented by the general public."

Section 37. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or uncon stitutional, such adjudication shall in no manner affect the other sec tions, 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 de clares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or ad judged invalid or unconstitutional.
Section 38. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 39. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 420.

On the motion, 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

2098
Carter Dean of 6th Dean of 31st Doss Duncan Eldridge English Evans Fincher Foster Gillis Greene Holloway

JOURNAL OF THE SENATE,

Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Paulk Pearce Reynolds Riley

Robinson Scott Shapard Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Walker Weasels

Those not voting were Senators:

Brantley Coverdell Hill

Overby Russell Starr

Tate Traylor Tyainger

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 420.

SB 433. By Senators Johnson of the 34th, Greene of the 26th, Shapard of the 28th and others:
A bill to amend Code Chapter 26-18, relating to crimes of theft, as amended, so as to change the definition of the crime of theft by taking; to define the crime of theft by shoplifting; to provide penalties; to de fine a certain term; to provide that certain evidence shall be prima facie evidence of value and ownership; to provide for clarification of sentences.

The House amendment was as follows:
Amend SB 433 by adding at the end of line 19 on Page 2 the fol lowing:
", without paying for the same".

Senator Johnson of the 34th moved that the Senate agree to the House amendment to SB 433.
On the motion, 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

WEDNESDAY, MARCH 1, 1978

2099

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 Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Coverdell Holloway (excused conferee)

Russell Tate

Traylor Wessels

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Sen ate agreed to the House amendment to SB 433.

SB 457. By Senators Broun of the 46th, Lester of the 23rd and Overby of the 49th:
A bill to amend an Act creating the State Commission on Compensation, so as to change the provisions relating to the assistance given by the Commission to the General Assembly; to provide for meetings of the Commission; to change the salary of the members of the Commission.

The House substitute to SB 457 was as follows:
A BILL
To be entitled an Act to amend an Act creating the State Commis sion on Compensation, approved March 18, 1971 (Ga. Laws 1971, p. 103), so as to change the provisions relating to the assistance given by the Commission to the General Assembly; to provide for meetings of the Commission; to provide for additional reports; to provide for addi tional bills; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the State Commission on Compensation, approved March 18, 1971 (Ga. Laws 1971, p. 103), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows:

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JOURNAL OF THE SENATE,

"Section 1. A State Commission on Compensation is established for the purpose of assisting the General Assembly in setting the compensation of constitutional State officers including members of the General Assembly and each full-time chief executive officer of each State executive branch board, bureau, commission, com mittee, department and agency."

Section 2. Said Act is further amended by striking Section 3' in its entirety and inserting in lieu thereof a new Section 3, to read as fol lows:

"Section 3. Members of the Commission shall take an oath to uphold the Constitution and laws of the United States and of the State of Georgia. While engaged in the performance of their duties, the members of the Commission shall receive the same allowances as are received by legislative members of legislative interim commit
tees. Such allowances and all expenses incurred by the Commission in the performance of its duties shall be paid from funds available to the General Assembly. The Commission shall meet no more than
thirty days any calendar year."

Section 3. Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5, to read as fol lows:

"Section 5. The Commission shall make a study of the com pensation paid by the State to all constitutional State officers in cluding members of the General Assembly and each full-time chief
executive officer of each State executive branch board, bureau, commission, committee, department and agency and shall compare such compensation with that received by officers and employees serving in comparable positions with the federal government, the State of Georgia, other states, local governments, and in industry,
business and the professions. In making this comparative study, the Commission shall utilize all available data pertaining to pre vailing market rates and relating to the costs and standards of
living of persons in comparable positions."

Section 4. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6, to read as follows:

"Section 6. The Commission shall file, as herein provided, a
written report or reports based upon its studies in which a recom mended) compensation shall be stated for each constitutional State officer including members of the General Assembly and for each full-time chief executive officer of each State executive branch
board, bureau, commission, committee, department and agency.

A copy of said report or reports shall be filed with the Gov ernor, Lieutenant Governor, Speaker of the House of Representa tives, Clerk of the House of Representatives, Secretary of the Sen ate, Legislative Counsel, Chief Justice of the Supreme Court and
Chief Judge of the Court of Appeals.

WEDNESDAY, MARCH 1, 1978

2101

The Commission shall file said report or reports each year at least thirty days prior to the convening of the General Assembly in regular session. The written report or reports of the Commis sion shall be filed notwithstanding a determination by the Com mission that no compensation increase or decrease is recommended.

Whenever a written report or reports of the Commission's Compensation Plan are filed as herein provided, a bill or bills shall be prepared suitable for introduction in either the Senate or House of Representatives containing the compensation recommended by the Commission and such bill or bills shall be introduced at the next session of the General Assembly convening after the filing of said report or reports.

Any such bill and the compensation contained therein, in order to become effective, shall receive the same number of readings and go through and be subject to the same procedure as required by the Constitution for any other bill. Provided, however, that the bill or bills relative to the Commission's Compensation Plan, whether introduced in the House or the Senate, or both, shall be automatic ally engrossed by both the House and the Senate, and any such bill shall not be changed in either the House or the Senate after its introduction."

Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Broun of the 46th moved that the Senate agree to the House sub stitute to SB 457.

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

Those voting in the affirmative were Senators:

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

Duncan Eldridge English Evans Fincher Foster
Gillis
Greene
Hill
Howard
Hudgins
Hudson
Johnson

Kennedy Kidd Lester McGill Overby Paulk
Pearce
Reynolds
Riley
Robinson
Scott
Shapard
Starr

2102
Stephens Stumbaugh Summers

JOURNAL OF THE SENATE,

Sutton Thompson Timmons

Tysinger Walker Wessels

Those not voting were Senators:

Allgood Coverdell Holloway (excused conferee)

Langford Russell Tate

Traylor Turner

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Sen ate agreed to the House substitute to SB 457.

SB 603. By Senators Gillis of the 20th, English of the 21st and Walker of the 19th:
A bill to amend an Act known as the "Executive Reorganization Act of 1972," as amended, so as to transfer the functions of the Georgia For est Research Council to the State Forestry Commission; to continue the Council in an advisory capacity to the Commission; to provide for ap pointment and qualification of Council members; to require meetings; to require a specification of appropriations for certain research pur poses; to provide for other matters relative to the foregoing.

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act known as the "Executive Reorganization Act of 1972", approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, so as to transfer the functions of the Georgia Forest Research Council to the State Forestry Commission; to continue the Council in an advisory capacity to the Commission; to change the number of members of the Council; to provide for appointment and qualification of Council members; to require meetings; to require a specification of appropriations for certain research purposes; 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 known as the "Executive Reorganization Act of 1972", approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, is hereby amended by adding thereto a new Chapter after Chapter 8 thereof, to be designated Chapter 8A, to read as follows:

WEDNESDAY, MARCH 1, 1978

2103

"Chapter 8A. State Forestry Commission

Section 8A-01. Georgia Forest Research Council--functions transferred, (a) All of the functions of the Georgia Forest Research Council, created in Ga. Laws 1953, Nov. Sess., p. 45, as amended (Ga. Code Ann. Sec. 43-801, et al.), are transferred to the State Forestry Commission, except that the Council is continued solely as an advisory body to the Commission with respect to matters relating to forestry research. Unless inconsistent with this Act, any reference in Georgia laws to the Georgia Forest Research Council means the State Forestry Commission.

(b) The terms of office of all present members of the Georgia Forest Research Council shall expire on July 1, 1978. On and after July 1, 1978, the Council shall consist of seven members to be ap pointed as provided in this subsection. Members of the Council shall be appointed by the Governor and confirmed by the Senate for the following terms: one member for an initial term of office of one year; one member for an initial term of office of two years; one member for an initial term of office of three years; one mem ber for an initial term of office of four years; one member for an initial term of office of five years; one member for an initial term of office of six years; and one member for an initial term of office of seven years. Thereafter, successors to such members shall like wise be appointed and confirmed for terms of office of seven years and until their successors are appointed and qualified. Vacancies shall be filled in the same manner as the original appointment for the unexpired term.

(c) The Georgia Forest Research Council shall meet semiannually with the Director of the State Forestry Commission and shall advise and consult with him on the establishment and con tinuation of forest research projects. Members of the Council shall receive the same per diem and allowances for their services as is authorized for members of the State Forestry Commission.

(d) Appropriations for research conducted by or through the State Forestry Commission as a result of the functions transferred pursuant to this Section shall be specified in the General Appropri ations Act as a separate line item appropriation under the State Forestry Commission. From the above-mentioned line item ap propriation, the sum of two hundred sixty-nine thousand, one hun
dred two and No/100 dollars shall be appropriated to the Board
of Regents for the School of Forestry at the University of Georgia
for continuation of existing research projects. Any additional funds
in said line item appropriation shall be allocated to research proj
ects selected by the State Forestry Commission and the Director
of the State Forestry Commission."

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

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Senator Gillis of the 20th moved that the Senate agree to the House substi tute to SB 603.

On the motion, 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 Hudgins Hudson Johnson Kennedy Kidd Langford Lester Overby Paulk

Pearce
Reynolds Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Tysinger Walker
Wessels

Those not voting were Senators:

Bell
Dean of 31st Holloway (excused conferee)

McGill
Russell Tate

Traylor Turner

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Sen ate agreed to the House substitute to SB 603.

SENATE RULES CALENDAR Wednesday, March 1, 1978
HB 1576. Peace Officer Standards and Training Act--exemptions from certification
HR 444. Nonprofit Bingo Games--General Assembly regulate HB 1267. Nonprofit Bingo Games--regulations HB 1232. Disabled License Plates--certain deaf persons qualify HB 1259. Public Utility Company Property--restrictive laws relating to
damaging HB 1262. Retired Peace Officer--certification for private employment
HB 1300. Superior Court Clerks--longevity increases

WEDNESDAY, MARCH 1, 1978

2105

HB 1321. Real Estate Commission--inactive status of license
HB 133'0. Teachers' Retirement--certain rates of interest
HB 1331. Teachers' Retirement--additional provisions on death benefits
HB 1364. Mobile Homes--situs for tax purposes
HB 1456. Sales Tax--local option tax-construction contracts
HB 1508. Branch Banks--establish through merger under certain conditions
HB 1509. Financial Institution--certain banks maintain representative offices
HB 1526. Public Health--provide for public policy
HB 1549. Uniform Criminal Extradition Act--Washington, D.C. included in jurisdiction
HB 1555. Prohibited Campaign Practices--further define
HB 1558. City Primary and Elections--prohibit campaign activity within 250 feet of polls
HB 1664. Ports Authority----compensation of members (AM)
HB 1670. Employment Security Law--certain changes required by U.S. Secretary of Labor
HB 1687. Nonprofit Cooperative Associations--perpetual duration
HB 1718. Board of Examiners for Certified Water Treatment Plant Operations--termination date
HB 1736. Sheriffs--change qualification provisions
HB 1882. State Purchasing--solicitation of bids by advertisement
HR 85. Swine and Bovines--exempt from ad valorem tax (SUB)
HR 589. Highway 119 as "Governor John Adam Treutlen Highway"-- designate
HR 615. Claims Against State not Exceeding $500--processing and disposition
HR 514. Air Rights--Barrow County--conveyance of easement
HR 527. Boys Estate, Inc.--conveyance of interest in certain real property
HR 544. Hinesville--conveyance of certain real property
HR 552. Wayne County--conveyance of certain State-owned real property
HR 611. St. Marys--conveyance of easement in certain property to
HB 1304. Alcoholic Beverage Sale in Private Club--Revenue Commissioner regulate
Respectfully submitted,
is/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

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JOURNAL OF THE SENATE,

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

HB 1576. By Representatives Irvin of the 10th, Colwell and Twiggs of the 4th and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act" so as to change the provisions relative to exemptions from certification. Senate Sponsor: Senator Barnes of the 33rd.

Senator Pearce of the 16th offered the following substitute to HB 1576:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Peace Officer Standards and Training Act," approved March 10, 1970 (Ga. Laws 1970, p. 208), as. amended, particularly by an Act approved March 6, 1976 (Ga. Laws 1976, p. 395), and by an Act approved March 23, 1977 (Ga. Laws 1977, p. 713), so as to clarify the status of retired peace officers; to change the provisions relative to exemptions from certifi cation; to define the term "retired peace officer"; to provide for the certification and registration of retired peace officers; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Georgia Peace Officer Standards and Training Act," approved March 10, 1970 (Ga. Laws 1970, p. 208), as amended, particularly by an Act approved March 6, 1976 (Ga. Laws 1976, p. 395), and by an Act approved March 23, 1977 (Ga. Laws 1977, p. 713), is hereby amended by adding at the end of Section 2 a new subsection to read as follows:
"(i) 'Retired peace officer' means a retired law enforcement officer who, prior to his retirement from service with the State, a subdivision or municipality thereof, was a peace officer within the meaning of such term as defined in subsection (d) above, and whose powers of arrest have been retained as authorized by the law enforcement unit from which he retired. A 'retired peace of ficer' may be certified or registered upon voluntarily complying with certification or registration provisions of this Act."
Section 2. Said Act is further amended by striking subsection (b) of Section 13, which reads as follows:
"(b) Peace officers commencing full-time employment with the Department of Public Safety, counties, or municipalities after July 1, 1970, are required to comply with certification provisions of this Chapter. Peace officers commencing full-time employment with the Department of Public Safety, counties or municipalities

WEDNESDAY, MARCH 1, 1978

2107

before July 1, 1970, and whose full-time employment continues on July 1, 1970, are exempt and are excused from compliance so long as said registration as provided for in subsection (e) of this section remains in effect.",

in its entirety.
Section 3. Said Act is further amended by striking subsection (c) of Section 13 in its entirety and substituting in lieu thereof a new sub section (c) to read as follows:
"(c) Peace officers commencing any employment or service on any terms with the Department of Public Safety, counties or municipalities, or the Georgia Bureau of Investigation, the Depart ment of Natural Resources, the Department of Revenue Alcohol and Tobacco Tax Unit, the Secretary of State's investigative sec tion or a railroad after July 1, 1975, are required to comply with the certification provisions of this Act. Peace officers commencing such employment or service prior to July 1, 1975, and whose em ployment continues on July 1, 1975, are exempt and excused from compliance with the certification provisions of this Act, except as hereinafter provided, so long as said registration as provided for in subsection (e) of this Section remains in effect. Any peace officer otherwise exempt from the certification provisions of this Act must meet the qualifications and requirements specified in sub sections (b), (d), (e) and (h) of Section 8 of this Act."
Section 4. Said Act is further amended by striking from subsection (e) of Section 13 the figure "1977" and inserting in lieu thereof the figure "1978", and by striking the word "Nothing" where it appears at the beginning of the last sentence of said subsection and inserting in lieu thereof the following:
"Except as otherwise provided by subsection (c) of this Sec tion, nothing".

so that when so amended said subsection (e) shall read as follows:
"(e) Peace officers exempt from the certification provisions of this Act are required to register with the Council by December 31, 1978. Registration as an exempt peace officer shall remain in effect for the period of time said person is employed as a peace officer. Any registration granted in this Section shall not termi nate upon a subsequent employment or appointment as a peace of ficer, provided subsequent employment or appointment as a peace officer is recognized by the Council to be substantially the same or similar to the employment or appointment by virtue of which said peace officer was exempted and registered as such, and further provided that such subsequent employment or appointment be com menced within 12 months of such prior termination as a peace of ficer. Except as otherwise provided by subsection (c) of this Sec tion, nothing in this subsection shall be deemed to require any such exempt peace officer to comply with Section 8 and Section 9

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JOURNAL OF THE SENATE,

of this Act for the period of time same registration shall remain in effect."

Section 5. Said Act is further amended by redesignating subsections (c), (d), (e), (f) and (f) of Section 13 as subsections (b), (c), (d), (e), and (f), respectively.

Section 6. Said Act is further amended by adding a new subsection (g) to Section 13 to read as follows:

"(g) A retired peace officer, as defined in Section 2, shall be certified or registered upon complying with certification or regis tration provisions of this Act. Nothing in this subsection shall be deemed to grant an exemption to persons required to be certified or registered by this Act."

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 42, 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 Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

English Evans Fincher Foster Gillis Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill

Overby Paulk Pearce Reynolds Riley Scott Shapard Starr Stumbaugh Summers Sutton Thompson Timmons Tysinger Walker Weasels

WEDNESDAY, MARCH 1, 1978

2109

Those not voting were Senators:

Greene Robinson Russell

Stephens Tate

Traylor Turner

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

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

HR 444. By Representatives Lambert of the 112th and Carlisle of the 71st:
Senate Sponsor: Senator Wessels of 2nd.
A RESOLUTION
Proposing an amendment to the Constitution to amend the pro visions relating to nonprofit bingo games so as to authorize the General Assembly to legalize, define, and regulate the operation of nonprofit bingo games; to provide for the submission of this amendment for rati fication or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article I, Section II, Paragraph XI of the Constitution is hereby amended by striking the following:
"except that the operation of a nonprofit bingo game, when the prizes given do not exceed $1,100.00 in cash or gifts of equiva lent value during any 24-hour period of $2,200.00 in cash or gifts of equivalent value during any calendar week, shall not be a lottery and shall be legal in this State. A nonprofit bingo game is one which is operated by a nonprofit organization. No organization shall be considered a nonprofit organization within the meaning of this Paragraph except a tax-exempt organization within the meaning of the Internal Revenue Code or the Georgia Income Tax Law as such Code and such Law are now or hereafter amended. No organ ization shall be considered a nonprofit organization within the meaning of this Paragraph unless such organization shall annually file with the State Revenue Commissioner a report of an audit by a Certified or Registered Public Accountant fully accounting for all receipts and expenditures of such organization, which report shall constitute a public record subject to public inspection. No church, parish, synagogue, or house of worship in this State shall be considered a nonprofit organization for the purpose of operating nonprofit bingo games within the meaning of this Paragraph, unless the governing authority of such church, parish, synagogue, or house of worship shall notify, in writing, the State Revenue Com missioner that it desires to be so considered.",

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and inserting in lieu thereof the following:

"except that the General Assembly may by law provide that the operation of a nonprofit bingo game shall not be a lottery and shall be legal in this State. The General Assembly may by law define a nonprofit bingo game and provide for the regulation of nonprofit bingo games.",

so that when so amended, Article I, Section II, Paragraph XI shall read:

"Paragraph XI. Lotteries. All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws, except that the General Assembly may by law pro vide that the operation of a nonprofit bingo game shall not be a lottery and shall be legal in this State. The General Assembly may by law define a nonprofit bingo game and provide for the regula tion of nonprofit bingo games."

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 change the provisions relating to nonprofit
( ) NO bingo games so as to authorize the General As sembly to legalize, define, and regulate nonprofit bingo games?

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

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

Senator Kidd of the 25th offered the following amendment:
Amend HR 444 as follows:
By adding in the title on line 6 of Page 1, immediately preceding the words "and for", the following:
"to provide an effective date;", and
By striking from Section 1, on lines 22 and 25 of Page 2, the word "may" and inserting in lieu thereof the word "shall", and

WEDNESDAY, MARCH 1, 1978

2111

By adding on Page 3, following Section 2, a new Section to be des ignated Section 3 to read as follows:

"Section 3. If this amendment is ratified at the November 1978 General Election, the provisions of this amendment shall not be come effective until the date that a law enacted by the General Assembly legalizing and regulating nonprofit bingo games becomes effective."

On the adoption of the amendment, the yeas were 4, nays 29, 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 Banks Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge English

Evans Pincher Foster Gillis Greene Hill Howard Johnson Kennedy Langford Lester McGill Paulk Reynolds

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

Those voting in the negative were Senators:

Barker Dean of 6th

Hudgins Kidd

Pearce

Those not voting were Senators:

Ballard Holloway (excused conferee)

Hudson Overby Riley (excused conferee)

Russell Tate Traylor

On the adoption of the resolution, the yeas were 43, nays 5.

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JOURNAL OF THE SENATE,

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

HB 1267. By Representatives Lane of the 40th and Adams of the 36th:
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; 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.
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 Banks Barker Barnes Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 6th
Doss
Eldridge
English
Evans
Foster

Gfflis Greene Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester
McGill
Overby
Paulk
Pearce
Reynolds

Riley Robinson Scott Shapard Starr Stephens Stumbaugh Sutton Thompson Timmons
Turner
Tysinger
Walker
Wessels

Those not voting were Senators:

Ballard Bond Brantley Dean of 31st (excused conferee)

Duncan Fincher Hill Johnson

Russell Summers Tate Traylor

On the passage of the bill, the yeas were 44, nays 0.

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

WEDNESDAY, MARCH 1, 1978

2113

Senator Stumbaugh of the 55th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 1267.

The following resolution of the Senate was taken up for the purpose of con sidering the House action thereto:

SR 217. By Senators Holloway of the 12th, Starr of the 44th, Howard of the 42nd and others:
A resolution! proposing an amendment to the Constitution, so as to completely revise Article X relating to retirement systems and educa tional scholarships and to change other provisions of the Constitution in connection with such revision; to provide for the submission of this amendment for ratification or rejection.

The House substitute to SR 217 was as follows:
A RESOLUTION
Proposing an amendment to the Constitution so as to completely revise Article X relating to retirement systems and educational scholar ships and to change other provisions of the Constitution in connection with such revision; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section VIII, Paragraph XII of the Consti tution is hereby amended by adding at the end of said Paragraph XII two new subparagraphs to be designated subparagraphs 9 and 10 and to read as follows:
"9. Whenever the Board of Human Resources is entitled to re ceive federal funds made available pursuant to any federal voca tional rehabilitation program, said Board shall be authorized to receive and administer such funds in accordance with the terms of said federal program, and where the program so provides, said Board may disburse said funds to nonprofit corporations or associ ations which are engaged solely in vocational rehabilitation of dis abled persons.
10. The expenditure of public funds pursuant to the provisions of Article X of this Constitution shall not constitute a violation of subparagraph 1 or 2 of this paragraph."
Section 2. Article VII, Section II, Paragraph I, subparagraph 8 of the Constitution is hereby amended by striking said subparagraph 8 in its entirety and substituting in lieu thereof a new subparagraph 8 to read as follows:

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"8. For the purposes set forth in Article X of this Constitution and for the purpose of making such employer contributions under
federal old-age and social security programs as may be necessary or desirable to provide coverage and participation therein by public officers and employees, their dependents and survivors."

Section 3. Article VIII, Section IV, Paragraph II of the Constitu tion is hereby amended by striking said Paragraph II, which reads as
follows:

"Paragraph II. Program for Elderly Citizens. The Board of Regents is hereby authorized and directed to establish, by not later than the beginning of the fall quarter of 1977, a program whereby citizens of this State who are 62 years of age or older may attend
units of the University System of Georgia without payment of fees, except for supplies and laboratory or shop fees, when space is available in a course scheduled for resident credit. Such program shall not include attendance at classes in dental, medical, veter inary, or law schools. Persons who attend units of the University System of Georgia under the program established pursuant to this Paragraph shall not be counted as students by the Board of Re gents for budgetary purposes. The Board of Regents shall adopt and promulgate rules and regulations, not inconsistent with this Paragraph, to implement and carry out the provisions of this Par
agraph.",

in its entirety.
Section 4. Article VIII, Section V, Paragraph II of the Constitution is hereby amended by adding at the end thereof a new paragraph (e) to read as follows:
"(e) Any county board of education and the board of education of any countywide school district are authorized to expend educa tion funds for the purpose of supporting any heretofore existing local retirement system covering employees of such board of edu cation and are vested with the authority to maintain and modify any such local retirement system. When employer contributions to any such local retirement system have been paid heretofore, in whole or in part, from county funds, the continued use of county funds for such purpose is prohibited, and, hereafter, such employer contributions shall be paid from education funds as required by Article IX, Section V, Paragraph II, subparagraph 10 of this Con stitution, notwithstanding any provisions to the contrary contained within, any law relative to such heretofore existing local retirement system. No authority granted to a board of education by this para graph shall operate to prohibit the General Assembly from enacting any general law controlling the subject matter of this paragraph."

Section &. Article IX, Section II, Paragraph I of the Constitution is hereby amended by adding immediately preceding the period appear ing at the end of subparagraph 1 of paragraph (c) thereof the following:

", and except as otherwise provided in Section IV, Paragraph

WEDNESDAY, MARCH 1, 1978

2115

II, subparagraph (16) and Section V, Paragraph II, subparagraph 10 of this Article",

so that when so amended said paragraph (c) shall read as follows:

"(c) The power granted to counties in subparagraphs (a) and (b) above shall not be construed to extend to the following1 matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law, or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution:

1. Action affecting any elective county office, the salaries thereof, or the personnel thereof, except the personnel subject to the jurisdiction of the county governing authority, and except as otherwise provided in Section IV, Paragraph II, subparagraph (16) and Section V, Paragraph II, subparagraph 10 of this Article.

2. Action, affecting the composition, form, procedure for elec tion or appointment, compensation and expenses and allowances in the nature of compensation, of the county governing authority.

3. Action defining any criminal offense or providing for crim inal punishment.

4. Action adopting any form of taxation beyond that autho rized by law or by this Constitution.

5. Action extending the power of regulation over any business activity regulated by the Public Service Commission beyond that
authorized by local or general law or by this Constitution.

6. Action affecting the exercise of the power of eminent do main.

7. Action affecting any cou^rt or the personnel thereof.

8. Action affecting any public school system."

Section 6. Article IX, Section II, Paragraph II of the Constitution is hereby amended by striking therefrom the following:

"retirement or pension systems,",

so that when so amended said Paragraph II shall read as follows:

"Paragraph II. Salary of County Employees; How Fixed. The governing authority of each county is authorized to fix the salary, compensation and expenses of those employed by such governing

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JOURNAL OF THE SENATE,

authority and to establish and maintain insurance, workmen's compensation, and hospitalization benefits for said employees."

Section 7. Article IX, Section IV, Paragraph II of the Constitution is hereby amended by adding immediately following subparagraph (15) thereof a new subparagraph (16) to read as follows:

"(16) The power to maintain and modify heretofore existing retirement or pension systems and to continue in effect or modify other benefits heretofore provided as a part of or in addition to such retirement or pension systems and the power to create and maintain retirement or pension systems for any elected or ap pointed public officers and employees whose compensation is paid in whole or in part from county or muncipal funds and for the
beneficiaries of such officers and employees."

Section 8. Article IX, Section IV, Paragraph III of the Constitution is hereby amended by adding immediately preceding the period appear ing at the end of said Paragraph III the following:

"or to prevent the expenditure of any public funds of a po litical subdivision for the purposes set forth in Article X, Section I of this Constitution",

so that when so amended said Paragraph III shall read as follows:

"Paragraph III. Taxing Power and Contributions of Counties, Cities and Political Subdivisions Restricted. The General Assembly shall not authorize any county, municipal corporation or political subdivision of this State, through taxation, contribution or other wise, to become a stockholder in any company, corporation or as sociation, or to appropriate money for, or to loan its credit to, any corporation, company, association, institution or individual except for purely charitable purposes. This restriction shall not operate to prevent the support of schools by municipal corporations within their respective limits or to prevent the expenditure of any public funds of a political subdivision for the purposes set forth in Article X, Section I of this Constitution."

Section 9. Article IX, Section V, Paragraph II of the Constitution is hereby amended by striking subparagraph 10 thereof in its entirety and substituting in lieu thereof a new subparagraph 10 to read as
follows:

"10. To provide insurance, hospitalization benefits, workmen's compensation benefits and coverage under federal old-age and social security programs for its officers and employees, including elective county officers and their employees, and for employees of the county board of education and for the beneficiaries of any such officers and employees and to provide retirement and pension bene fits as authorized under Section IV, Paragraph II, subparagraph (16) of this Article. The funds necessary for any benefits autho-

WEDNESDAY, MARCH 1, 1978

2117

rized herein for employees or county boards of education and their beneficiaries shall be paid from education funds."

Section 10. Article X of the Constitution is hereby amended by striking said Article in its entirety and substituting in lieu thereof a new Article X to read as follows:

"ARTICLE X.
RETIREMENT SYSTEMS AND STUDENT ASSISTANCE
Section I.
Retirement Systems
Paragraph I. Expenditure of Public Funds Authorized. Public funds may be expended for the purpose of paying benefits and other costs of retirement and pension systems for public officers and employees and their beneficiaries.
Paragraph II. Increasing Benefits Authorized. Public funds may be expended for the purpose of increasing benefits being paid pursuant to any retirement or pension system wholly or partially supported from public funds.
Paragraph III. Firemen's Pension System. The method of funding the Firemen's Pension System as set forth in the Act cre ating said System, approved March 3, 1955 (Ga. Laws 1955, p. 339), as amended, is continued until changed by law.
Paragraph IV. Funding Standards. It shall be the duty of the General Assembly to enact legislation to define funding standards which will assure the actuarial soundness of any retirement or pension system supported wholly or partially from public funds and to control legislative procedures so that no bill or resolution cre ating or amending any such retirement or pension system shall be passed by the General Assembly without concurrent provisions for funding in accordance with the defined funding standards.

Section II.
Student Assistance
Paragraph I. Student Assistance Programs Authorized, (a) Pursuant to laws now or hereafter enacted by the General Assem bly, public funds may be expended for any of the following pur poses:
(1) To provide grants, scholarships, loans, or other assistance to students for educational purposes.

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(2) To provide for a program of guaranteed loans to students for educational purposes; to pay interest, interest subsidies and fees to lenders on such loans; and the General Assembly is autho rized to provide such tax exemptions to lenders as shall be deemed advisable in connection with such program.
(3) To match funds now or hereafter available for student assistance pursuant to any federal law.
(4) To provide grants, scholarships, loans, or other assistance to State employees for educational purposes.
(b) Contributions made in support of any student assistance program now or hereafter established under provisions of this Sec tion may be deductible for State income tax purposes as now or hereafter provided by law.
Paragraph II. Guaranteed Revenue Debt. Guaranteed revenue debt may be incurred to provide funds to make loans to students for educational purposes, to purchase loans made to students for educa tional purposes, or to lend or make deposits of such funds with lenders which shall be secured by loans made to students for edu cational purposes. Any such debt shall be incurred in accordance with the procedures and requirements of Article VII, Section III of this Constitution.
Paragraph III. Public Authorities. Public authorities or public corporations heretofore or hereafter created for such purposes shall be authorized to administer student assistance programs, and, in connection therewith, may exercise such powers as may now or hereafter be provided by law.
Paragraph IV. Waiver of Tuition. The Board of Regents of the University System of Georgia shall be authorized to establish programs allowing attendance at units of the University System of Georgia without payment of tuition or other fees, but the Gen eral Assembly may provide by law for the establishment of any such program for the benefit of elderly citizens of the State."
Section 11. The following amendments to the Constitution of 1945 and to the Constitution of 1877 which were continued in force and effect by Article XIII, Section I, Paragraph II of the Constitution of 1976 are hereby repealed in their entirety:
A. The amendment authorizing the General Assembly to enact laws authorizing Chatham County to create a retirement fund and a system of retirement pay for county employees which was ratified on June 8, 1937, and which is set forth in Georgia Laws 1937, pages 16-18.
B. The amendment authorizing the General Assembly to enact laws authorizing Fulton County and the governing authorities of the schools

WEDNESDAY, MARCH 1, 1978

2119

of said county to create a retirement and pension fund and a system of retirement pay for county employees and for county school employees and to levy taxes for that purpose which was ratified on June 6, 1939, and which is set forth in Georgia Laws 1939, pages 39-41.

C. The amendment authorizing the General Assembly to enact laws authorizing Richmond County to create a retirement or pension fund and a system of retirement or pension pay for county employees which
was ratified on August 3, 1943, and which is set forth in Georgia Laws 1943, pages 48-51.

D. The amendment extending coverage of the pension system autho rized by the Constitution for county employees in Fulton County to provide that the benefits of said pension system shall be available to all State, State and county and county officers, deputies and employees and the deputies of such officers whose salaries or wages are paid in whole or in part from the funds of Fulton County which was ratified on November 2, 1948, and which is set forth in Georgia Laws 1947, pages 1749-1751.

E. The amendment authorizing the General Assembly, with respect to Bibb County, to enact laws constituting pension or retirement plans for all or any persons elected or appointed, or appointed by any elected or appointed official, whether or not a county or State officer, whose salary, wage or compensation is paid wholly or in part from the funds of Bibb County, which was ratified on November 7, 1950, and which is set forth in Georgia Laws 1950, pages 431-434.

F. The amendment empowering the governing authority of Bibb County to adopt, revise, amend, and modify pension, disability and re tirement plans for all or any persons elected or appointed, whether or not a county or a State officer, whose salary, wage or compensation! is paid wholly or in part by Bibb County, which was ratified on November 8,1966, and which is set forth in Georgia Laws 1966, pages 881-883.

G. The amendment authorizing an increase in retirement benefits of retired employees of the City of Griffin which was ratified on Nov ember 7, 1972, and which is set forth in Georgia Laws 1971, pages 935936.

H. The amendment authorizing an increase in retirement benefits of persons retired under the retirement system of the Board of Edu cation for the City of Savannah and the County of Chatham which was ratified on November 5, 1974, and which is set forth in Georgia Laws 1974, pages 1692-1693.

I. The amendment authorizing the governing authority of Fulton County to provide from time to time for the increase of retirement or other benefits of retired persons who have retired or who retire in the future pursuant to any retirement system, annuity and benefit fund system, pension system or any similar system established for any em ployees of Fulton County which was ratified on November 5, 1974, and which is set forth in Georgia Laws 1974, pages 1809-1811.

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J. The amendment authorizing the City Council of the City of East Point to provide by ordinance from time to time for the increase of retirement or pension benefits of retired persons who retired at any time prior to January 1, 1975, pursuant to any retirement system, pen sion system or any similar system heretofore created by law or by the governing authority of the City of East Point and to authorize the City Council of said City to appropriate funds for such purposes, which was ratified November 5, 1974, and which is set forth in Georgia Laws 1973, pages 1495-1496.

K. The amendment providing that in all cities of this State having a population of more than 300,000, as disclosed by the United States Decennial Census of 1970, or any future such census, the governing authority shall be authorized to provide, from time to time, for the increase of retirement or pension benefits of persons who have retired from employment with any such municipal corporation and who retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by law, which was ratified on November 5, 1974, and which is set forth in Georgia Laws 1973, pages 1493-1495.
L. The amendment authorizing the governing authority of Floyd County to include within any retirement system or plan heretofore or hereafter created by such governing authority any or all persons, except elective county officers, whose compensation, or at least 50% thereof, is paid from the funds of Floyd County which was ratified on November 2, 1976, and which is set forth in Georgia Laws 1976, pages 1887-1888.
M. The amendment authorizing the governing authority of the City of Marietta to provide for an increase in retirement benefits of retired employees of said City, which was ratified on November 2, 1976, and which is set forth in Georgia Laws 1976, pages 1872-1873.

Section 12. 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 completely revise Article X relating to retire-
( ) NO ment systems and educational scholarships and to change other provisions of the Constitution in connection with such revision?"

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

WEDNESDAY, MARCH 1, 1978

2121

Senator Holloway of the 12th moved that the Senate disagree to the House substitute to SR 217.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Sen ate disagreed to the House substitute to SR 217.

Senator Reynolds of the 48th moved that the Senate dismiss the first Con ference Committee on the following bill of the House, and appoint a second Conference Committee:

HB 1046. By Representative Taggart of the 125th:
A bill to amend an Act entitled the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", as amended, so as to autho rize the State Revenue Commissioner to issue refunds or credits for distilled spirits excise tax stamps purchased by manufacturers, distil lers, or wholesalers under certain conditions.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Sen ate dismissed the first Conference Committee on HB 1046.

The President appointed as a second Conference Committee the following: Senator Reynolds of the 48th, Russell of the 10th and Hill of the 29th.

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

HB 1232. By Representatives Toles of the 16th, Murphy of the 18th, Oldham of the 14th and others:
A bill to amend an Act known as the "Disabled Persons License Plates Act", approved April 13, 1973, so as to provide that certain deaf per sons shall qualify for such license plates; to provide for other matters relative to the foregoing.

Senator Broun of the 46th offered the following substitute to HB 1232:
A BILL
To be entitled an Act to amend an Act known as the "Disabled Per sons License Plates Act", approved April 13, 1973 (Ga. Laws 1973, p. 576), so as to provide that certain deaf persons shall qualify for such license plates; to amend Code Section 68-214, relating to the issuance and content of motor vehicle license plates, as amended, so as to pro vide the procedures where certain metal license plates may be used for longer periods of time than five years; to provide for a committee to provide for the content of and specifications for license plates; to pro-

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JOURNAL OP THE SENATE,

vide the procedures connected therewith; 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 "Disabled Persons License Plates Act", approved April 13, 1973 (Ga. Laws 1973, p. 576) is hereby amended by designating the present provisions of Section 2 as subsec tion (a) thereof and by adding- at the end thereof a new subsection (b) to read as follows:
"(b) A deaf person otherwise qualified under subsection (a) of this Section shall be eligible to have issued to him a specially designated disabled person's license plate in accordance with the provisions of this Act. As used herein, the words 'deaf person' shall have the same meaning as defined by Section 1 of the Act provid ing for the use of deaf sign language interpreters in certain ad ministrative and' judicial proceedings, approved March 21, 1974 (Ga. Laws 1974, p. 484), as now or hereafter amended, except that the words 'deaf person' shall not include any person who is not qualified for a driver's license pursuant to Code Section 68B-217, relating to reports by physicians and vision specialists in connec tion with the issuance or revocation of drivers' licenses, as now or hereafter amended."

Section 2. Code Section 68-214, relating to the issuance and content of motor vehicle license plates, as amended, is hereby amended by strik ing in their entirety subsections (a), (b), (c), (d), (e) and (i) and sub
stituting in lieu thereof new subsections (a), (b), (c), (d), (e) and (i), to read as follows:

"68-214. Multi-year license plates; description; revalidation stickers; county stickers; duplicates; special license plates; penalty, (a) Applications for the registration of vehicles required to be reg istered shall be made to the agent of the State Revenue Commis sioner pursuant to the provisions of an Act approved March 9, 1955 (Acts 1955, p. 659), as amended. If the applicant meets the requirements set forth therein, the commissioner shall assign to the vehicle a distinctive serial number and the applicant shall be furnished without further cost one metal license plate upon which there shall be impressed the serial number designated to such ve hicle or, in lieu of such plate, the annual revalidation sticker here
inafter provided for.

(b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, and shall show in bold characters the year of registration, serial number and either the full name or the abbreviation of the name of the State, designate the county from which the license plate was issued, and such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued. Such plates may also bear such figures, characters, letters or combinations thereof

WEDNESDAY, MARCH 1, 1978

2123

as in the judgment of the Revenue Commissioner will to the best advantage advertise, popularize and otherwise promote Georgia as the 'Peach State.' The metal shall be of such strength and quality that the plate shall provide a minimum service period of five years. No more often than every five years new metal license plates shall be provided by the commissioner for issuance, except that license plates issued for vehicles in excess of 24,000 pounds shall be issued annually and no revalidation sticker shall be issued for such plates. The commissioner shall determine when replacement plates, shall be issued when the condition of multi-year license plates shall re quire their replacement after the minimum five-year service period shall have expired.

(c) A committee to be composed of the Governor, the Commis sioner of the Department of Public Safety, the State Revenue Com missioner, the Commissioner of the Department of Transportation, and the Governor's Highway Safety Coordinator is hereby charged with the duty and responsibility of preparing the specifications for the content of and the materials which shall be used in and upon the motor vehicle license plates. The committee shall take into consideration in preparing such specifications considerations of economy, durability and safety.

(d) In those years in which multi-year metal plates are not issued, a revalidation sticker with a distinctive serial number shall be issued and affixed in the space provided on the license plate assigned to the vehicle.

(e) The commissioner shall furnish without cost to each tag agent adhesive decals in sufficient number upon which there shall be printed the name of the agent's county. The decal shall be of such design that for those owners who desire to do so, it may be affixed with facility to the numbered license plate in the space provided without obscuring any number or other information re quired to be present on the plate.

(i) The State Revenue Commissioner is authorized to provide by rules and regulations appropriate procedures whereby, upon the payment of a fee of $1, and upon preparation and filing of an appropriate application therefor, annual and multi-year license plates may be transferred from one person to another. Said plates shall be transferred only during the calendar year for which issued. A person acquiring a vehicle with an expired annual plate or ex pired multi-year plate shall obtain a current annual plate or a current renewal decal as provided for by this Chapter."

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.

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On the adoption of the substitute, the yeas were 31, nays 2, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barnes Bell Bond Brantley 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 Johnson
Kennedy
Kidd
Langford
Lester
McGill
Overby
Paulk

Pearce Reynolds Riley Robinson Scott Shapard Starr Stumbaugh Summers
Sutton
Thompson
Timmons
Turner
Tysinger
Walker
Wessels

Voting in the negative was Senator Eldridge.

Those not voting were Senators:

Barker Hudson

Russell Stephens

Tate Traylor

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

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

HB 1259. By Representative Lane of the 40th:
A bill to amend Code Section 26-1507, relating to damaging, injuring or interfering with property of public utility companies, municipalities or political subdivisions, so as to provide for the adoption of more restrictive laws, rules, regulations and ordinances; to provide an effective date. Senate Sponsor: Senator Hudson of the 35th.

WEDNESDAY, MARCH 1, 1978

2125

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

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 31st Doss 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 Thompson Timmons Turner Tysinger Walker

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Ballard Brantley Duncan

Riley (excused conferee) Russell

Tate Traylor Wessels

On the passage of the bill, the yeas were 47, nays 1.

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

Senator Holloway of the 12th, President Pro Tempore, assumed the 'Chair.

HB 1300. By Representative Ham of the 80th:
A bill to amend an Act providing minimum salaries for clerks of the superior courts so as to provide for longevity increases. 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:

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Those voting in the affirmative were Senators:

Allgood Ballard Banks
Barnes Bond
Broun of 46th Brown of 47th Carter Dean of 31st English Fincher

Foster Gillis Greene Howard Hudson Johnson Kennedy Kidd Langford Lester Overby

Pearce Riley Robinson
Scott Starr Stephens Stumbaugh Timmons Tysinger Walker Wessels

Those voting in the negative were Senators:

Barker Bell Coverdell Doss Duncan

Eldridge Evans Hill Paulk

Shapard Sutton Thompson Turner

Those not voting were Senators:

Brantley
Dean of 6th Holloway (presiding) Hudgins

McGill Reynolds Russell

Summers Tate Traylor

On the passage of the bill, the yeas were 33, nays 13'.

The bill, having received the requisite constitutional majority, was passed.
HB 1321. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to provide for the inactive status of the license of the Real Estate Commissioner and all other employees of the Commission; to provide for additional grounds for revocation of real estate licenses. Senate Sponsor: Senator Starr of the 44th.

Senator Starr of the 44th moved that HB 1321 be committed to the Committee on Banking, Finance and Insurance.

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 1321 was committed to the Committee on Banking, Finance and Insurance.

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

WEDNESDAY, MARCH 1, 1978

2127

HB 1330. By Representative Buck of the 95th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia so as to change the provisions relative to certain rates of interest. Senate Sponsor: Senator Summers of the 53rd.

The following fiscal notes, as required by law, were read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334
January 27,1978

MEMORANDUM

TO:

The Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

FROM:

William M. Nixon State Auditor Clark Stevens, Director Office of Planning and Budget

SUBJECT: Fiscal Note - House Bill 1330 Teachers' Retirement System

This Bill would change the maximum amount of assumed interest that the Board of Trustees of the Teachers' Retirement System could adopt as one of the assumptions used in its actuarial calculations, from five to five and one-half percent and by changing the word "rate" to "rates" make certain that several rates of interest could be used in calculations made by the retirement system (e.g. assumed interest assumption, interest charged on repayments of member contributions, interest credited on member contributions, etc.).

According to the Retirement System this Bill would have no adverse effect on the funding of the Teachers' Retirement System.

/s/ William M. Nixon State Auditor
/s/ C. T. Stevens, Director Office of Planning and Budget

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JOURNAL OF THE SENATE,

TEACHERS RETIREMENT SYSTEM OP GEORGIA

February 3,1978

MEMORANDUM

TO:

Honorable Thomas B. Buck, III

Chairman, House Retirement Committee

Members, House Retirement Committee

FROM: Wesley H. Rucker, Executive Secretary-Treasurer

SUBJECT: House Bill 1330

This bill would amend subsection (14) of Code Section 32-2916 of the Teacher Retirement Act.

The bill would specifically change the maximum amount of as sumed interest that the Board of Trustees could adopt as one of the
assumptions used in its actuarial calculations. The bill changes the statutorial limit from 5 to 5% per cent and would permit the Board of
Trustees to increase the assumed interest rate from 5 to 5% per cent. Along with this change in the assumed interest rate, the Board of Trustees plans to make needed changes in the rates of withdrawal, rates
of mortality, rates of retirement and rates of salary increase. These
changes would bring the assumed rates in line with the actual data.

The bill makes one other change in the subsection and this is to change the word "rate" to "rates". Although it is felt that multiple rates are allowable, this change is intended to make certain that several rates of interest could be used in calculations made by the retirement system (e.g. assumed interest assumption, interest charged on repayments of member contributions, interest credited on member contributions, etc.).

The bill would have no adverse effect on the funding of the Teach ers Retirement System. In fact, the bill could cause a positive effect if
the Board of Trustees adopted a higher assumed interest rate.

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

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 x Dean of 6th
Dean of 31st
Doss Duncan

Eldridge English
Evans Fincher Foster
Gillis Greene

WEDNESDAY, MARCH 1, 1978

2129

Hill Howard Hudson Johnson Kennedy Kidd Langford Lester

McGill Overby Paulk Reynolds Riley Robinson Shapard Starr

Stephens Summers Sutton Thompson Timmons Turner Walker Wessels

Those voting in the negative were Senators:

Bell Coverdell

Scott Stumbaugh

Tysinger

Those not voting were Senators:

Holloway (presiding) Hudgins

Pearce Russell

Tate Traylor

On the passage of the bill, the yeas were 45, nays 5.

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

HB 1331. By Representative Buck of the 95th:
A bill to amend an Act establishing the Teachers'. Retirement System so as to provide additional provisions relative to death benefits; to provide for other matters relative thereof. Senate Sponsor: Senator Summers of the 53rd.

The following fiscal notes, as required by law, were read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

January 26,1978

MEMORANDUM

TO:

The Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

FROM:

William M. Nixon State Auditor Clark Stevens, Director Office of Planning and Budget

SUBJECT: Fiscal Note - House Bill 1331 Teachers' Retirement System

This Bill would provide that in the event a member of the Teachers' Retirement System dies having named no person as a beneficiary, the

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benefits available would be paid to the surviving spouse in the form of a lump sum refund or monthly lifetime benefits. If no surviving spouse exists the situation would be handled as it is when no beneficiary is named under the present law: a refund of the deceased member's contribution and accumulated interest would be made to the member's estate.
This Bill would cause no increase in the cost of the benefit program if it became law because the actuary for the Teachers' Retirement System has assumed already that payment would be made in cases such as these.
/s/ William M. Nixon State Auditor
Is/ C. T. Stevens, Director Office of Planning and Budget

TEACHERS RETIREMENT SYSTEM OF GEORGIA

February 3, 1978

MEMORANDUM

TO:

Honorable Thomas B. Buck, III

Chairman, House Retirement Committee

Members, House Retirement Committee

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer

SUBJECT: House Bill 1331

This bill would correct a problem that exists in the present Teacher Retirement Act and this problem concerns surviving spouses of deceased members of the retirement system. Under present law, a refund of the deceased member's contributions and accumulated interest is made to the member's estate when an active member passes away having named no person as beneficiary. This bill would provide that benefits would be paid to surviving spouses or monthly lifetime benefits.

The bill would cause no increase in the cost of the benefit program if it became law because the actuary of the retirement system has assumed already that payments would be made in cases such as these.

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

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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Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge English Evans Pincher Foster Gillis Greene

Hill Howard Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Wessels

Those not voting were Senators:

Coverdell Holloway (presiding) Hudgins Hudson

Riley (excused conferee) Russell Tate

Traylor Tysinger Walker

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

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

HB 1364. By Representatives Home of the 104th, Davis of the 99th, Birdsong of the 103rd and Pinkston of the 100th:
A bill to provide procedures for the return of mobile homes for taxation so as to provide for the situs of such mobile homes for tax purposes; to provide for the color of annual decals issued by the county tax collector or commissioner.
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 Broun of 46th Brown of 47th

Carter 'Coverdell Dean of 31st Duncan Eldridge English Evans Poster Greene

Hill Howard Johnson Kennedy Kidd Langford Lester McGill Overby

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Paulk Reynolds Riley Robinson Scott

JOURNAL OF THE SENATE,

Shapard Starr Stephens Stumbaugh Summers

Sutton Thompson Timmons Turner Wessels

Those not voting were Senators:

Brantley Dean of 6th Doss Fincher Gillis

Holloway (presiding) Hudgins Hudson Pearce Russell

Tate Traylor Tysinger Walker

On the passage of the bill, the yeas were 42, nays 0.

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

The following bill of the Senate was taken up for the purpose of considering House action thereto:

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 guidelines to be used in determining the fair market value of property for taxa tion purposes.

Senator Lester of the 23rd moved that the Senate adhere to its disagreemnt to the House amendments, and that a Conference Committee be appointed.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendments.

Senator Holloway of the 12th, President Pro Tempore, appointed as a Con ference Committee the following:

Senators Kennedy of the 4th, Duncan of the 30th and Lester of the 23rd.

Senator Holloway of the 12th, President Pro Tempore, designated Senator Starr of the 44th to assume the Chair.

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

WEDNESDAY, MARCH 1, 1978

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HB 1456. By Representatives Castleberry of the lllth, Murray of the 116th, Coleman of the 118th and others:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to provide that the local option tax au thorized for certain counties and municipalities shall not apply with respect to certain sales and uses pursuant to written construction con tracts entered into prior to the approval of the tax by a county or municipality.
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 Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge

English Fincher Foster Gillis Greene Hill Howard Johnson Kennedy Kidd Langford Lester McGill Overby

Paulk Reynolds Riley Robinson Scott Shapard Stumbaugh Summers Sutton Thompson Timmons Turner Wessels

Voting in the negative was Senator Evans.

Those not voting were Senators:

Ballard Brantley Duncan Holloway (excused conferee)

Hudgins Hudson Pearce Russell Starr (presiding)

Stephens Tate Traylor Tysinger Walker

On the passage of the bill, the yeas were 41, nays 1.

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

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

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HB 1508. By Representative Pinkston of the 100th:
A bill to amend Code Section 13-203, relating to branch banks, so as to provide for the establishment of branch banks through merger, con solidation or sale of assets under certain conditions. 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 Bond 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

Langford Lester McGill Paulk Reynolds Riley Scott Shapard Starr Stumbaugh Sutton Thompson
Wessels

Voting in the negative was Senator Hill.

Those not voting were Senators:

Brantley Duncan Holloway (presiding) Hudgins Overby Pearce

Robinson Russell Stephens Summers Tate

Timmons Traylor Turner Tysinger Walker

On the passage of the bill, the yeas were 39, nays 1.

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

HB 1509. By Representative Pinkston of the 100th:
A bill to amend Code Title 41A, known as the "Financial Institutions Code of Georgia" so as to authorize certain banks to maintain representa tive offices in this State; to authorize certain international bank agencies to maintain representative offices in this State. Senate Sponsor: Senator Lester of the 23rd.

WEDNESDAY, MARCH 1, 1978

2135

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

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 Poster Gillis
Greene Hill Howard Hudson Kennedy Kidd Langford Lester McGlll

Overby Paulk Reynolds Riley Scott Shapard Starr Stumbaugh Summers Sutton Thompson Timmons Turner Wessels

Those not voting were Senators :

Brantley Duncan Fincher Holloway (presiding) Hudgins

Johnson Pearce Robinson Russell Stephens

Tate Traylor Tysinger Walker

On the passage of the bill, the yeas were 42, nays 0.

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

Senator Dean of the 31st introduced the doctor of the day, Dr. R. J. Moye, Jr., of Cartersville, Georgia.

The following resolution of the Senate was read and adopted:

SR 370. By Senators Lester of the 23rd and Allgood of the 22nd: A resolution expressing appreciation and commending Louis Carl Harris.

Senator Holloway of the 12th, President Pro Tempore, 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.

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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 231. By Representative Adams of the 36th:
A bill to amend an Act providing for pensions for members of police departments in cities having a population of 150,000 or more, according to the U.S. Decennial Census of 1920, or any future such census, so as to provide for additional benefits for all officers.

HB 379. By Representative Carnes of the 43rd:
A bill to amend an Act approved Aug. 13, 1924, as amended, providing a system of pensions and other benefits for members of paid fire de partments in cities having a population of more than 300,000 according to the U.S. Decennial Census.

HB 1515. By Representatives Bolster of the 30th, and Greer and Horton of the 43rd:
A bill to amend the Act approved August 13, 1924, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 300,000 as disclosed by the United States Census of 1920, or any subsequent census.

HB 1516. By Representatives Bolster of the 30th, and Greer and Horton of the 43rd:
A bill to amend an Act approved February 15, 1933, providing pensions for members of police departments in cities having a population of 300,000 or more according to United States Census of 1920, or any sub sequent census thereof.

HB 1517. By Representatives Bolster of the 30th, and Greer and Horton of the 43rd:
A bill to amend the Act approved August 20, 1927, providing that cities having a population of more than 300,000 according to the United States Decennial Census of 1970, or any such future census, shall furnish pensions to officers and employees.

HB 1951. By Representatives Benefield, Johnson and Lee of the 72nd and others:
A bill to amend an Act abolishing the fee system of compensation for the Clerk of Superior Court of Payette County and providing an annual salary in lieu thereof so as to change the compensation of the clerk of superior court.

WEDNESDAY, MARCH 1, 1978

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HB 2025. 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 so as to change the provisions relative to the compensation of the deputy clerk.

HB 2026. By Representative Ross of the 76th: A bill to amend an Act abolishing the office of Tax Collector and Tax Receiver in Warren County, Georgia, and creating the office of Tax Commissioner of Warren County so as to change the compensation of the tax commissioner.
HB 2027. By Representative Ross of the 76th: A bill to repeal an Act authorizing the governing authority of Warren County to employ a full-time county policeman.
HB 2028. By Representative Ross of the 76th: A bill to amend an Act creating a new charter for the City of Lincolnton so as to change the provisions relating to temporary loans.
HB 2029. By Representative Ross of the 76th: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Lincoln County so as to change the compensation of the chairman and members of the board of commissioners.

HB 2030. By Representative Ross of the 76th:
A bill to amend an Act providing for the compensation of the Judge of the Probate Court of Warren County so as to change the provisions relating to the compensation of clerical help for the judge of the probate court.

HB 2031. By Representative Ross of the 76th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Lincoln county, known as the fee system, to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emolu ments; to provide for periodic statements.

HB 2032. By Representative Ross of the 76th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Lincoln County, known as the fee system; to pro vide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees and emoluments; to provide for periodic statements.

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HB 2033. 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 so as to change the compensation of the tax com missioner; to provide for payment by the county of certain expenses of the office of tax commissioner.

HB 2034. By Representative Ross of the 76th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lincoln County and providing in lieu thereof an annual salary so as to change the compensation of the said sheriff.

HB 2035. By Representative Ross of the 76th:
A bill to amend an Act providing compensation for the Treasurer of Lincoln County so as to change the compensation of said treasurer.

HB 2040. By Representative Murphy of the 18th:
A bill to amend an Act providing an annual salary for the Treasurer of Haralson County so as to change the compensation of the Treasurer of Haralson County.

HB 2048. By Representative Culpepper of the 98th:
A bill to amend an Act creating and establishing a new charter for the City of Byron so as to repeal the provisions relating to the mayor's court and to create a recorder's court for said city; to provide for the appointment of a judge.

HB 2049. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act creating a county commissioner of Gilmer County and an advisory board of Gilmer County so as to change the provisions relative to the compensation of the commissioner, the clerk of the commissioner and members of the advisory board.

HB 2050. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act abolishing the fee system of compensation for the Clerk of the Superior Court of Gilmer County and providing a salary for said officer so as to change the provisions relative to the compen sation of the deputy clerk.

HB 2051. By Representative Chance of the 129th:
A bill to amend an Act creating a charter for the City of Bloomingdale in the County of Chatham so as to change the corporate powers; to provide for issuance of bonus; to provide for a referendum.

WEDNESDAY, MARCH 1, 1978

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HB 2052. By Representative Chance of the 129th:
A bill to amend an Act creating a charter for the City of Bloomingdale in the County of Chatham so as to redefine the corporate limits.

HB 2053. By Representative Chance of the 129th:
A bill to amend an Act creating a charter for the City of Bloomingdale in the County of Chatham so as to change the jurisdiction of the City Police Court.

HB 2054. By Representatives Wood, Jackson and Whitmire of the 9th:
A bill to amend an Act entitled "An Act to amend the charter of the City of Gainesville, to change the corporate name of said City, to abolish the office of Mayor and Councilmen and certain other offices of said City created by Legislative enactment, to provide for a Commis sion Manager form of government for said City,".
HB 2055. By Representatives Wood, Jackson and Whitmire of the 9th:
A bill to create the Gainesville Redevelopment Authority.

HB 2057. By Representatives Cooper, Wilson and Kaley of the 19th and others:
A bill to amend an Act creating the Board of Commissioners of Paulding County so as to change the provisions relating to the compensation of the Chairman and other Commissioners; to provide for an annual local expense allowance for the Commissioners.
HB 2058. 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 so as to change the compensation of the judge of said court.
HB 2059. By Representatives Rowland of the 119th and Coleman of the 118th: A bill to amend an Act placing the Probate Court Judge of Laurens County on an annual salary in lieu of fees so as to change the compen sation of the probate court judge.
HB 2060. By Representatives Greene and Stone of the 138th: A bill to amend an Act creating the Board of Commissioners of Appling County so as to change the compensation of the Commissioners of Ap pling County.

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HB 2061. By Representatives Greene and Stone of the 138th:
A bill to amend an Act placing certain of the county officers of Appling County upon an annual salary so as to change the compensation of the Sheriff and the Clerk of the Superior Court of Appling County.

HB 2062. By Representatives Greene and Stone of the 138th:
A bill to amend an Act placing certain of the county officers of Appling County upon an annual salary so as to change the compensation of the Sheriff of Appling County.

HB 2063. By Representatives Stone and Greene of the 138th:
A bill to provide that the Board of Commissioners of Appling County shall forego the collection and remittance of the commission on the collection of school taxes in Appling County.

HB 2064. By Representatives Greene and Stone of the 138th:
A bill to amend an Act placing the Judge of the Probate Court of Appling County on a salary so as to change the compensation of the judge.

HB 2065. By Representatives Greene and Stone of the 138th:
A bill to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Appling County into the office of the Tax Commis sioner of Appling County so as to change the compensation of the tax commissioner.

HB 2066. By Representative Rowland of the 119th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor" so as to authorize the sale of alcoholic beverages and liquors for consumption on the premises in certain clubs located in certain counties and municipalities.

SB 618. By Senator Reynolds of the 48th:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, as amended, so as to remove therefrom the provisions as to a marshal of said court; to provide for the attendance at said court of the sheriff or his lawful deputies; to define his duties.

SB 623. By Senator Shapard of the 28th:
A bill to amend an Act establishing the State Court of Spalding County (formerly known as the City Court of Griffin), as amended, so as to change the dates of the terms of said court; to provide an effec tive date.

WEDNESDAY, MARCH 1, 1978

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SB 633. By Senators Johnson of the 34th and Shapard of the 28th:
A bill to amend an Act creating the office of Tax Commissioner of Payette County, as amended, so as to change the compensation of the tax commissioner.

SB 634. By Senators Johnson of the 34th and Shapard of the 28th:
A bill to amend an Act abolishing the fee system of compensation for the Sheriff of Fayette County and providing an annual salary in lieu thereof, as amended, so as to change the compensation of said sheriff.

The House has adopted by the requisite constitutional majority the follow ing resolutions of the House:

HR 799. By Representatives Hawkins of the 50th, Richardson of the 52nd, Childs of the 51st and others:
A resolution proposing an amendment to the Constitution so as to create the DeKalb County Retirement Home Authority for the purpose of acquiring, constructing, improving, equipping, altering, repairing, and maintaining retirement home facilities for lease or sale to nonprofit, tax exempt religiqus or charitable firms or corporations, with the power to borrow money and issue revenue bonds to finance the cost of ac complishing the foregoing.

HR 798. By Representatives Williamson of the 45th, Robinson of the 58th, Butler of the 56th and others:
A resolution proposing an amendment to the Constitution so as to change the homestead exemption from ad valorem taxes levied for county purposes in DeKalb County.

The House has disagreed to the Senate substitute to the following bill of the House:

HB 1543. By Representatives Rainey of the 135th and Peters of the 2nd:
A bill to amend an Act enacting the Game and Pish Code so as to provide for changes in certain definitions; to provide authority for rules and regulations relating to times, places, number, species and sizes.

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

SB 458. By Senators Broun of the 46th, Lester of the 23rd and Overby of the 49th:
A bill to amend an Act known as "The Act Providing for the Review,

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Continuation, Reestablishment or Termination of Regulatory Agencies," so as to provide for joint hearings; to provide for legislation to con tinue or reestablish a regulatory agency.

SB 511. By Senators Banks of the 17th, Holloway of the 12th, Starr of the 44th and others:
A bill to amend Code Section 105-106, relating to privity to support action, so as to provide that it shall be an affirmative defense for a manufacturer in certain actions that his product was altered from its condition when sold.

The House has passed, by substitute, by the requisite constitutional ma jority the following bill of the Senate:

SB 632. By Senators Shapard of the 28th and Johnson of the 34th:
A bill to amend an Act abolishing the fee system of compensation for the Judge of the Probate Court of Fayette County and providing an annual salary in lieu thereof, as amended, so as to change the com pensation of the judge of the probate court; to provide for other mat ters relative thereto; to provide an effective date.

The House has discharged the First Committee of Conference and has ap pointed 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 1046. By Representative Taggart of the 125th:
A bill to amend an Act entitled the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", as amended, so as to au thorize the State Revenue Commissioner to issue refunds or credits for distilled spirits excise tax stamps purchased by manufacturers, distillers, or wholesalers under certain conditions.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Johnson of the 56th, Games of the 43rd and Taggart of the 125th.

The following bill of the House was taken up for the purpose of considering the House action thereto:

HB 1543. By Representatives Rainey of the 135th and Peters of the 2nd:
A bill to amend an Act enacting the Game and Fish Code so as to provide for changes in certain definitions; to provide authority for rules and regulations relating to times, places, numbers, species and sizes.

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2143

Senator Gillis of the 20th moved that the Senate insist upon the Senate substitute to HB 1543.

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge Evans

Foster Gillis Hill Holloway Johnson Kennedy Kidd McGill Paulk Pearce Reynolds Riley

Robinson Scott Shapard Starr Stephens Summers Sutton Thompson Timmons Turner Tysinger Wessels

Those not voting were Senators:

Allgood Barnes (excused conferee) Brantley Broun of 46th (excused conferee) Dean of 31st (excused conferee)

Duncan (excused conferee) English Fincher Greene Howard Hudgins Hudson Langford

Lester (excused conferee) Overby Russell Stumbaugh Tate Traylor Walker

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1543.

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

HB 1526. By Representatives Hawkins of the 50th, Richardson of the 52nd, Hatcher of the 131st and others:
A bill to amend Code Title 88, relating to public health, so as to provide for public policy; to provide for the development of evaluation and follow-up procedures for the detection of hearing impairments in cer tain high-risk infants. Senate Sponsor: Senator Hudson of the 35th.

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:

Ballard Banks Barker Barnes Bell Bond Brown of 47th
Carter Coverdell Dean of 6th Doss Eldridge Evans

Foster Gillis Hill Holloway Johnson Kennedy
Kidd McGill Overby Paulk Pearce Reynolds Riley

Robinson Scott Shapard Starr Stephens Summers Sutton Thompson Timmons Turner Tysinger
Wessels

Those not voting were Senators:

Allgood Brantley Broun of 46th (excused conferee) Dean of 31st (excused conferee) Duncan (excused conferee)

English Fincher Greene Howard Hudgins Hudson Langford

Lester (excused conferee) Russell Stumbaugh Tate Traylor Walker

On the passage of the bill, the yeas were 38, nays 0.

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

The President designated Senator Starr of the 44th to resume the Chair.

HB 1549. By Representative Marcus of the 26th:
A bill to amend an Act known as the "Uniform Criminal Extradition Act" so as to provide that the District of Columbia shall be included in the jurisdiction of said Act; to provide an effective date. 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:

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Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge Evans

Fincher Foster Gillis Greene Hill Hudson Johnson Kennedy Kidd MeGill Overby Paulk Pearce

Reynolds Robinson
Scott Shapard Stephens Summers Sutton Thompson Timmons Turner Tysinger
Wessels

Those not voting were Senators:

Allgood Brantley Broun of 46th (excused conferee) Dean of 31st (excused conferee) Duncan (excused conferee)

English Holloway (excused conferee) Howard Hudgins Langford Lester (excused conferee)

Riley (excused conferee) Russell Starr (presiding) Stumbaugh Tate Traylor Walker

On the passage of the bill, the yeas were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1555. By Representatives Steinberg of the 46th, Bray of the 70th, Hawkins of the 50th and others: A bill to amend Code Chapter 34-13, relating to the preparation for and conduct of primaries and elections, so as to further define certain prohibited campaign practices; to provide for additional regulations and restrictions which shall be observed at the polling places. 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 Broun of 46th Brown of 47th

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Carter Coverdell Dean of 6th Doss Duncan Eldridge English Evans Fincher Foster Gillis

JOURNAL OP THE SENATE,

Greene ffill Holloway Johnson Kennedy Kidd Langford Lester McGill Paulk Pearce

Reynolds Riley Robinson Scott Shapard Stephens Summers Sutton Thompson Turner Wessels

Those not voting were Senators:

Brantley Dean of 31st (excused conferee) Howard Hudgins

Hudson Overby Russell Starr (presiding) Stumbaugh

Tate Timmons Traylor Tysinger Walker

On the passage of the bill, the yeas were 42, nays 0.

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

The President resumed the Chair.

HB 1558. By Representatives Steinberg of the 46th, Bray of the 70th, Hawkins of the 50th and others:
A bill to amend Code Chapter 34A-12, relating to the preparation for and conduct of municipal primaries and elections, so as to further provide for prohibited campaign activities within 250 feet of the polling place; to provide for additional regulations which shall be in force at the 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.

Oii 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

Fincher Foster Gillis Greene Hill Holloway Hudson Johnson Kennedy Kidd

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Langford McGill Overby Paulk Pearce Reynolds Riley Robinson Scott

Shapard Starr Stephens Summers Sutton Thompson Turner Tysinger Wessels

Those not voting were Senators:

Brantley Howard
Hudgins Lester (excused conferee)

Russell Stumbaugh Tate

Timmons Traylor Walker

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

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

HB 1664. By Representatives Jones of the 126th and Colwell of the 4th:
A bill to amend an Act creating the "Georgia Ports Authority" so as to change the provisions relating to the compensation of the members of the Authority; to provide an effective date. Senate Sponsor: Senator Wessels of the 2nd.

The Senate Committee on Transportation offered the following amendment:
Amend HB 1664 by adding on Page 1, between lines 15 and 16, the following:
"and inserting in lieu thereof the following:
'Provided, however, such compensation shall be limited to one hundred fifty (150) days for the chairman and sixty (60) days for each of the other members of the Authority during any one fiscal

By adding on Page 2, line 32, after the following:
"Provided, however, such compensation shall be limited to one hundred fifty (150) days for the chairman and sixty (60) days for each of the other members of the Authority during any one fiscal year."

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On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill 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 Coverdell 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 Robinson Scott Shapard Starr Stephens Summers Sutton Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Howard
Riley (excused conferee)

Russell Stumbaugh

Tate Traylor

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

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

HB 1670. By Representatives Mullinax of the 69th, Food of the 72nd, Phillips of the 59th and others:
A bill to amend an'Act approved March 29, 1937, known as the "Un employment Compensation Law" (now Employment Security Law) to provide certain changes required by the U. S. Secretary of Labor. Senate Sponsor: Senator Ballard of the 45th.

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2149

Senators Barnes of the 33rd and Dean of the 31st offered the following amendment:

Amend HB 1670 as follows:

By adding after the word and semicolon "security;" on line 10 of Page 1 the following:

"to remove certain language relating to absence from work during a vacation period;".

By renumbering Sections 6 through 44 as Sections 7 through 45, respectively.

By adding a new Section 6 to read as follows:

"Section 6. Said Act is further amended by striking para graph (3) of subsection (c) of Section 4 which reads as follows:

'(3) He is away from work for a vacation period, in the absence of an employment .contract covering the subject, by reason of an established employer custom, practice, or policy, as evidenced by custom or practice for the prior year or years: Provided, however, that in the absence of custom or practice for the prior year or years, a vacation policy and practice may be established by the employer by an announcement, at least 90 days prior to the beginning of the scheduled vacation period, of a paid vacation plan applicable general ly to his employees who meet the eligibility requirements of the
plan.',

in its entirety."

On the adoption of the amendment, the yeas were 9, nays 29, and the amend ment was lost.

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

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

Those voting in the affirmative were Senators:

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 Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester

JOURNAL OP THE SENATE,

McGill Overby Pearce Reynolds Riley Robinson Scott Starr Stephens

Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Walker
Wessels

Those voting in the negative were Senators:

Hudson

Paulk

Shapard

Those not voting were Senators:

Brantley

Tate

Russell

Traylor

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

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

The President designated Senator Starr of the 44th to resume the Chair.

HB 1687. By Representative Beck of the 148th:
A bill to amend Code Chapter 65-2, relating to nonprofit cooperative associations, also known as the "Cooperative Marketing Act", so as to provide for perpetual duration for such associations except under certain circumstances; to provide an effective date. 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 Bond

Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge

English Evans Fincher Foster Gillis Greene Hill

Holloway Howard Johnson Kennedy Kidd Lester McGill

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2151

Overby Paulk Pearce Reynolds Riley Robinson Scott

Shapard Summers Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Broun of 46th (excused conferee) Dean of 31st (excused conferee) Hudgins

Hudson Langford Russell Starr (presiding) Stephens

Stumbaugh Button Tate Timmons Traylor

On the passage of the bill, the yeas were 42, 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 considering the House action thereto:

SB 632. By Senators Shapard of the 28th and Johnson of the 34th:
A bill to amend an Act abolishing the fee system of compensation for the Judge of the Probate Court of Fayette County and providing an annual salary in lieu thereof, as amended, so as to change the compensa tion of the judge of the probate court; to provide for other matters rela tive thereto; to provide an effective date.

The House substitute to SB 632 was as follows:
A BILL
To be entitled an Act abolishing the fee system of compensation for the Judge of the Probate Court of Fayette County and providing an annual salary in lieu thereof, approved March 24, 1965 (Ga. Laws 1965, p. 2621), as amended, so as to change the compensation of the judge of the probate court; to provide for longevity increases; 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 abolishing the fee system of compensation for the Judge of the Probate Court of Fayette County and providing an annual salary in lieu thereof, approved March 24, 1965 (Ga. Laws 1965,

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p. 2621), as amended, is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:

"Section 2. (a) The Judge of the Probate Court of Fayette County shall receive a salary of $1,637.50 per month until January 1, 1979. Effective January 1, 1979, the Judge of the Probate Court of Fayette County shall receive a base salary of $17,500 per annum, payable in equal monthly installments from the funds of Fayette County and in addition thereto, effective January 1, 1979, and on the first day of January of each year thereafter the salary of the judge of the probate court shall be increased by 5% of the salary of the judge of the probate court received during the immediately preceding calendar year; provided that if the judge of the probate court receives any annual or periodic increase in compensation under the provision of any general law of this State an amount equal to the amount received under such general law as an annual or periodic increase shall be deducted from the amount of the increase provided by this Section in arriving at the annual increase to be paid to the judge of the probate court under the provisions of this Section. The provisions of this Section shall not be construed as prohibiting the judge of the probate court from receiving any annual or periodic increase authorized by any general law of this State.

(b) The judge of the probate court of said county shall have the authority to employ such clerks and other personnel as he shall determine necessary to efficiently and effectively discharge the
duties of his office. Such personnel shall be compensated as here inafter provided."

Section 2. This Act shall become effective on May 1, 1978.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Shapard of the 28th moved that the Senate agree to the House sub stitute to SB 632.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 632.

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 1718. By Representatives Reaves of the 147th, Phillips of the 120th, Banner of the 130th and others:
A bill to amend an Act known as the "Certification of Water and Wastewater Treatment Plant Operators Act" so as to establish a termination / date for the State Board of Examiners for Certified Water and Waste-

WEDNESDAY, MARCH 1, 1978

2153

water Treatment Plant Operators and the date on which the aforesaid Act shall stand repealed; 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 Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan

Eldridge English Evans Fincher Gillis Greene Hill Holloway Hudson Johnson Kennedy
Kidd McGill Overby

Paulk
Pearce Reynolds Riley Robinson Scott Shapard Summers Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Dean of 31st (excused conferee) Foster Howard Hudgins

Langford Lester (excused conferee) Russell Starr (presiding) Stephens

Stumbaugh Button Tate Timmons Traylor

On the passage of the bill, the yeas were 41, nays 0.

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

The President resumed the Chair.

HB 1736. By Representative Carlisle of the 71st:
A bill to amend Code Section 24-2801, relating to election, qualifications, term of office, etc., of sheriffs so as to change the provisions relating to qualifications. Senate Sponsor: Senator Robinson of the 27th.

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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 Brown Carter Coverdell Dean of 6th Dean of 31st Doss

Duncan Eldridge
English Evans
Pincher Foster Gillis Hill Kennedy Kidd Lester McGill Overby

Paulk Pearce Reynolds Riley Robinson Scott Shapard Starr Thompson Turner Tysinger Walker Wessels

Those not voting were Senators :

Brantley Broun of 46th (excused conferee)
Greene Holloway (excused conferee) Howard

Hudgins
Hudson Johnson Langford Russell Stephens

Stumbaugh Summers Sutton Tate Timmons Traylor

On the passage of the bill, the yeas were 39, nays 0.

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

The President designated Senator Starr of the 44th to resume the Chair.

HB 1882. By Representative Edwards of the 110th:
A bill to change certain provisions relating to State Purchasing; to amend an Act changing certain provisions relating to State purchasing and the supervisor of purchases so as to change the amount of ex penditure requiring the solicitation of bids by advertisement. Senate Sponsor: Senator Robinson of the 27th.

The report of the committee, which was favorable to the 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, MARCH 1, 1978

2155

Those voting in the affirmative were Senators:

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

Eldridge English Evans Fincher Foster Gillis Hill Holloway Howard Kennedy Kidd Lester McGill

Overby Paulk Pearce Reynolds Riley Robinson Scott Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Barries (excused conferee) Brantley Broun of 46th (excused conferee) Greene Hudgins

Hudson Johnson Langford Russell Shapard (excused conferee) Starr (presiding)

Stephens Stumbaugh Summers Sutton Tate Traylor

On the passage of the bill, the yeas were 39, nays 0.

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

HR 85. By Representatives Logan of the 62nd, Triplett of the 128th, Chance of the 129th and others: Senate Sponsor: Senator Broun of the 46th.
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to exempt swine and bovines from all ad valorem taxation; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"The General Assembly may exempt all swine, bovines and horses from all ad valorem taxation."

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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 authorize the General Assembly to exempt swine
( ) NO and bovines (cattle) from all ad valorem tax ation?"

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

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

The Senate Committee on Banking, Finance and Insurance offered the fol lowing substitute to HR 85:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to exempt swine, bovines, and horses from all ad valorem taxation; 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:
"The General Assembly may exempt all swine, bovines, and horses from all ad valorem taxation."
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 the General Assembly to exempt
( ) NO swine, bovines (cattle), and horses from all ad valorem taxation?"

WEDNESDAY, MARCH 1, 1978

2157

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 37, nays 0, and the substitute was adopted.

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

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 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 Stephens Sutton Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Dean of 31st (excused conferee) Hudgins

Russell Starr (presiding) Stumbaugh

Summers Tate Traylor

On the adoption of the resolution, the yeas were 47, nays 0.

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

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HR 589. By Representatives Chance of the 129th, Clifton of the 107th and Lane of the 81st:
A resolution authorizing and directing the State Department of Trans portation to designate State Highway 119 as the "Governor John Adam Treutlen Highway". Senate Sponsor: Senator Wessels of the 2nd.

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
Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge English

Evans Fincher Foster Gillis Greene Hill Hudgins Hudson Johnson
Kennedy Kidd Lester McGill
Overby

Pearce Reynolds Robinson Scott Stephens Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Brantley Duncan Holloway (excused conferee) Howard

Langford Paulk Riley (excused conferee) Russell

Shapard (excused conferee) Starr (presiding) Stumbaugh Traylor

On the adoption of the resolution, the yeas were 43, nays 0.

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

HR 615. By Representatives Jones of the 126th, Harris of the 8th and Murphy of the 18th:
Senate Sponsor: Senator Broun of the 46th.

WEDNESDAY, MARCH 1, 1978

2159

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the processing and disposition, by the Claims Advisory Board, of claims against the State which do not exceed $500.00; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section V, Paragraph I of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows:
"The General Assembly is hereby authorized to provide by law for the processing and disposition, by the Claims Advisory Board, of claims against the State which do not exceed $500.00. Nothing contained herein shall constitute a waiver of the immunity of the State from suit, but the General Assembly is hereby authorized to provide for the waiver or qualification of such immunity in such law. The General Assembly is hereby authorized to provide in such law for all matters relative to the provisions of this paragraph."

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 auth orize the General Assembly to provide by law
( ) NO for the processing and disposition, by the Claims Advisory Board, of claims against the State which do not exceed $500.00?"

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

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

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

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

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Those voting in the affirmative were Senators:

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

Those not voting were Senators:

Brantley Duncan Riley (excused conferee)

Russell Starr (presiding) Stumbaugh

Traylor Wessels

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 514. By Representative Harris of the 8th:
A resolution authorizing the conveyance of an easement of air rights over and across certain real property owned by the State of Georgia in Bartow County. Senate Sponsor: Senator Dean of the 31st.

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 Broun of 46th

Brown of 47th Carter Coverdell Dean of 6th

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2161

Dean of 31st 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 Stephens Stumbaugh Button Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators :

Brantley Doss Duncan

Riley (excused conferee) Starr (presiding) Summers

Traylor Wessels

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following bills of the Senate were taken up for the purpose of consid ering the House action thereto:
SB 511. By Senators Banks of the 17th, Holloway of the 12th, Starr of the 44th and others: A bill to amend Code Section 105-106, relating to privity to support action, so as to provide that it shall be an affirmative defense for a manufacturer in certain actions that his product was altered from its condition when sold.
The House amendment was as follows:
Amend SB 511 by adding on Page 2, line 9, after the word "altered",
"other than normal wear and tear,".
Senator Banks of the 17th moved that the Senate agree to the House amend ment to SB 511.
On the motion, 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 Eldridge English 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 Sutton Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Brantley Duncan Evans

Fincher Starr (presiding)

Traylor Wessels

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 511.

The President resumed the Chair.

SB 458. By Senators Broun of the 46th, Lester of the 23rd and Overby of the 49th:
A bill to amend an Act known as "The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies," so as to provide for joint hearings; to provide for legislation to continue or reestablish a regulatory agency.

The House amendment was as follows:
Amend SB 458 by adding on Page 3, lines 12 through 22, a new subsection (b) to read as follows:
"(b) The Senate and House Committees to which a regulatory agency has been assigned for review shall issue reports of their findings and recommendations to the Governor, to the regulatory agency involved and to each member of the General Assembly. Such reports may be issued separately by the reviewing committees or jointly when a majority of the members of each reviewing commit tee are in agreement as to the recommendations and findings. Such

WEDNESDAY, MARCH 1, 1978

2163

reports shall contain copies of any legislation which must be enacted in order to fulfill the requirements of this Section."

Senator Broun of the 46th moved that the Senate agree to the House amend ment to SB 458.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard
Barker Barnes Bell Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge English Foster Gillis

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

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

Those not voting were Senators:

Banks Bond Brantley Coverdell Duncan

Evans Fincher
Holloway (excused conferee)

Stephens Summers Traylor

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 458.
The following general resolutions of the House, favorably reported by the committees, were read the third time and put upon their adoption:

HR 527. By Representatives Tuten of the 153rd and Auten of the 154th:
A resolution authorizing the conveyance of all right, title, and interest of the State in certain real property heretofore conveyed pursuant to resolution of the General Assembly to Boys Estate Incorporated. Senate Sponsor: Senator Dean of the 6th.

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

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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
Broun of 46th Brown of 47th
Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge English 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 Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Duncan

Evans Robinson

Traylor

On the adoption of the resolution, the yeas were 51, nays 0.

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

HR 544. By Representative Kemp of the 139th:
A resolution authorizing the conveyance of certain real property lo cated in the City of Hinesville, Liberty County, Georgia. Senate Sponsor: Senator Allgood of the 22nd.

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 Carter

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2165

Coverdell Dean of 6th Dean of 31st Doss Eldridge English Fincher Foster Gillis Greene Hill Holloway Howard Hudson

Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Russell Scott

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

Those not voting were Senators :

Bond Brantley Duncan

Evans Hudgins

Robinson Traylor

On the adoption of the resolution, the yeas were 49, nays 0.

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

The following bill of the Senate was taken up for the purpose of considering the House action thereto:

SB 395. By Senators Russell of the 10th, Evans of the 37th, Robinson of the 27th and others:
A bill to amend Code Section 68B-218, relating to veterans licenses and honorary licenses, so as to provide for the issuance of distinctive driv ers' licenses at no cost to certain members of the Georgia National Guard.

The House amendment was as follows:
Amend SB 395 by adding on Page 3, line 15, after the word "General",
"who shall notify the Department of Public Safety".

Senator Russell of the 10th moved that the Senate agree to the House amendment to SB 395.

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

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Those voting in the affirmative were Senators

Ballard Banks Barker Barnes Bell
Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss 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
Sutton Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators :

Allgood Bond Brantley

Coverdell Duncan Evans

Hudgins Traylor
Wessels

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 395.

The following general resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:

HR 552. By Representatives Greene and Stone of the 138th:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Wayne County certain State-owned real property located within Wayne County, Georgia. Senate Sponsor: Senator Dean of the 6th.

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

Carter Coverdell Dean of 6th Dean of 31st

Doss Duncan Eldridge English Evans Pincher Poster Greene Hill Holloway Howard Hudgins Hudson

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2167

Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson Russell Scott

Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Brantley

Gillis Johnson

Stephens Traylor

On the adoption of the resolution, the yeas were 50, nays 0.

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

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 Senate:

SB 517. By Senator Ballard of the 45th:
A bill to add one additional judge of the superior courts of the Alcovy 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 400. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend an Act creating the Georgia State Board of Funeral Service and regulating the practice of embalming and funeral direct ing, as amended, so as to change the membership of the board.

SB 402. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend the Georgia Electrical Contractors Act, so as to change the membership of the Georgia State Board of Electrical Contractors.

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SB 455. By Senators Turner of the 8th and Timmons of the llth:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to authorize additional persons to estab lish certain credit toward retirement.

SB 401. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend the Structural Pest Control Act, as amended, so as to change the membership of the Structural Pest Control Commission; to change the quorum of the Commission.
SB 599. By Senators Gillis of the 20th, Riley of the 1st, English of the 21st and others:
A bill to amend an Act known as the "Executive Reorganization Act of 1972," as amended, so as to assign the Herty Foundation for admin istrative purposes to the State Forestry Commission.
SB 423. By Senators Kidd of the 25th, Lester of the 23rd, Brown of the 47th and others:
A bill to amend Code Section 88-1805, relating to functions and powers of hospital authorities, as amended, so as to authorize authorities to contract for certain consulting and management services; to provide a limitation; to provide editorial revision; to provide an effective date.
The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:
SB 474. By Senators Gillis of the 20th, Walker of the 19th, Lester of the 23rd and others:
A bill to amend Code Title 56, relating to the Georgia Insurance Code, as amended, so as to require that certain accident and sickness insur ance policies and plans provide coverage for dependents of the policyholder or insured who are students; to provide for other matters rela tive to the foregoing; to provide for application.

SB 407. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend Code Section 84-1405, relating to the Georgia Real Estate Commission, so as to provide for the appointment of an addi tional member to the Commission; to provide an effective date.

SB 513. By Senators Banks of the 17th, Holloway of the 12th, Starr of the 44th and others:
A bill to amend Code Chapter 56-3, relating to authorization of insurers and general requirements for doing business in this State, so as to

WEDNESDAY, MARCH 1, 1978

2169

require certain insurers and self-insurers providing product liability insurance to make certain annual reports concerning product liability insurance experience.

SB 478. By Senator Lester of the 23rd:
A bill to amend an Act adding a new Code Chapter 24A-41, relating to hospitalization of mentally ill and mentally retarded children, so as to change the expiration date thereof; to provide for an effective date.

The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate:
SB 404. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend an Act creating the State Board of Dispensing Op ticians and regulating the practice of the trade or occupation of dis pensing opticians, so as to change the membership of the board; to provide an effective date.

SB 440. By Senators Stumbaugh of the 55th and Barnes of the 33rd:
A bill to amend Code Chapter 26-99, relating to miscellaneous criminal provisions, as amended, so as to provide for certain restricted drugrelated printed material and to prohibit the sale, delivery, distribution, display for sale or the provision of such restricted drug-related printed material to a minor and to prohibit the possession of such restricted drug-related printed material for aforesaid purposes.

SB 450. By Senators Lester of the 23rd, Shapard of the 28th and Duncan of the 30th:
A bill to amend Code Title 88, known as the Georgia Health Code, as amended, so as to provide a new Chapter 88-25, relating to habilitation procedures for the mentally retarded: to provide for a declaration of policy; to provide for definitions.

SB 574. By Senators Lester of the 23rd, Starr of the 44th and Duncan of the 30th:
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, as amended, so as to provide that the Governor may designate the State Advisory Council for Mental Health and Mental Retardation as the State Alcoholism Advisory Council to satisfy the provisions of this Act in lieu of creating a distinct Al coholism Advisory Council.

SB 397. By Senators Johnson of the 34th, Greene of the 26th and Evans of the 37th:
A bill to provide for intrastate child custody jurisdiction; to provide

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a short title; to specify purpose; to provide for construction; to define certain terms; to specify how an action to obtain a change of legal custody of certain children shall be brought; to provide limitations.

SB 382. By Senator Stumbaugh of the 55th:
A bill to amend an Act authorizing boards of education to purchase liability insurance or contracts of indemnity insuring or indemnifying certain persons against liability for damage in specified instances, as amended, so as to add a new Section thereto authorizing the State Board of Education, local boards of education and boards of control of cooperative educational service agencies, to pay that part of dam ages, attorney's fees and other recovery recovered against board mem bers, superintendents, teachers, principals and other administrators and employees, in certain instances, not covered by a policy of liability insurance.

The following general resolution of the House, favorable reported by the committee, was read the third time and put upon its adoption:

HR 611. By Representatives Foster and Wheeler of the 152nd:
A resolution authorizing the conveyance to the City of St. Marys of an irrevocable easement in certain real property owned by the State and located in Camden County. Senate Sponsor: Senator Dean of the 6th.

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

Fincher Foster 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 Turner Tysinger Wessels

WEDNESDAY, MARCH 1, 1978

2171

Those not voting were Senators:

Bond Brantley Duncan

Gillis Johnson Riley (excused conferee)

Traylor Walker

On the adoption of the resolution, the yeas were 48, nays 0.

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

The following general bill of the House, having been read the third time and lost on February 28 and reconsidered today, was put upon its passage:

HB 1304. By Representative Taggart of the 125th:
A bill to provide that the Commissioner of Revenue shall have authority to license and regulate the sale of all alcoholic beverages in bona fide private clubs in this State; to define the term "Club" for licensing pur poses; to provide license fees equal to those required of public licensed places of business. Senate Sponsor: Senator Robinson of the 27th.

Senator Kidd of the 25th moved that the Senate reconsider the following substitute to HB 1304 offered by the Senate Committee on Consumer Affairs, adopted February 28:
A BILL
To be entitled an Act to provide that the Commissioner of Revenue shall have authority to license and regulate the sale of all alcoholic beverages in bona fide private clubs in this State; to define the term "club" for licensing purposes; to provide license fees equal to those re quired of public licensed places of business; to provide for the payment of local excise taxes; to provide for the collection of such taxes; to provide for all matters relative to the foregoing; to provide for an election to determine whether or not such sales shall be allowed; to provide that the governing authorities of the political subdivision con cerned shall be authorized to conduct a special referendum election for the purpose of nullifying the previous elections at the expiration of two years from the date of the previous election; to provide for practices and procedures; 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. Any provisions of the law to the contrary notwith standing, the Commissioner of Revenue is hereby authorized to issue

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alcoholic beverage licenses to bona fide private clubs, as defined herein, in any county or municipality within the State, and to promulgate regulations he deems necessary for the proper enforcement of the provisions of this Act after the approval of such authority by an election as provided in section 6 hereof. Such licenses shall authorize the sale of alcoholic beverages for beverage purposes by the drink, for consumption on the premises only.

Section 2. The term "club" shall mean a nonprofit association
organized and existing under the laws of the State of Georgia, which has been in existence for a period of at least one (1) year prior to the filing of its application for a license hereunder, which has at least seventy-five (75) members regularly paying dues, organized and operated exclusively for pleasure, recreation and other nonprofit purposes, no part of the net earnings of which inures to the benefit of any shareholder or member, and owning, hiring or leasing a building or space therein for the reasonable use of its members with suitable kitchen and dining room space and equipment, and maintaining and using a sufficient num ber of employees for cooking, preparing and serving meals for its members and guests; provided that no member or officer, agent or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation any profits from the sale of spirituous liquors, wines, champagnes or malt beverages beyond the amount of such salary as may be fixed for him by its members at a prior annual meeting or by the governing body out of the general revenue of the club. For the purposes of this Section, tips which are added to the bills under club regulations shall not be considered as profits hereunder.

Section 3. The license fees for a club, as herein defined, shall be the same fees as provided by law for the sale of alcoholic beverages in public licensed places of business, and in addition a prelicense investiga tion fee of one hundred dollars ($100.00) shall be required.

Section 4. When any such license as herein provided is issued by the Commissioner of Revenue for the sale of distilled spirits by the drink, for consumption on the premises to a private club as herein defined, within the corporate limits of any municipality in this State, such municipalities are hereby authorized and directed to impose an excise tax, in addition to the excise taxes presently levied by the State of Georgia, in the sum of eighty cents ($.80) per wine gallon on spiritu ous liquors, excluding fortified wine and in the event such license is issued for such sales in the unincorporated areas of any county in this
State, such counties are hereby authorized and directed to impose an
excise tax in the same amount as herein provided for municipalities.
Local excise taxes as herein provided shall be imposed upon and shall
be paid by the licensed wholesale dealer in distilled spirits and the
State Revenue Commissioner is hereby authorized to promulgate rules
and regulations he deems necessary to carry out the provisions of this
Section for the payment of such taxes. Such taxes shall be imposed
and collected monthly on distilled spirits sold or disposed of within the
particular taxing jurisdiction. An excise tax of not more than 3% may be
imposed by municipalities or counties on the sale of mixed drinks where
authorization results from approval of this Act.

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173

Section 5. The Commissioner of Revenue is herewith authorized to promulgate such reasonable regulations as may be necessary and appropriate, consistent with this Act, to regulate the sale, possession and use of alcoholic beverages in private clubs in this State. Nothing herein shall be construed to limit the licensing and regulatory authority of any city or county of this State in which the sale of alcoholic beverages in public licensed places of business may be authorized as otherwise provided by law. In addition, any city or county is hereby authorized to license and regulate any bona fide private club located within the licensing and regulatory jurisdiction of any such city or county.

Section 6. Upon a petition signed by at least thirty-five percent (35%) of the registered voters of the political subdivision concerned, qualified to vote at the general election immediately preceding the presentation of the petition, being filed with the Judge of the Probate Court of any county, in the case of a county, or with the Mayor of any municipality, in the case of a municipality, such Judge of Probate Court or Mayor shall call a special election to be held within thirty (30) days from the filing of this petition and shall publish the notice of the call of the election in the official gazette of the county once a week for two weeks preceding the election. The purpose of said election provided for herein shall be to determine whether or not the sale of alcoholic beverages for beverage purposes by the drink, for consumption on the premises only, as herein provided shall be allowed. Such county election shall be held according to the rules and regulations governing special elections contained in Code Title 34, the Georgia Election Code, as amended, but shall not be held at the time of holding any other primary or election in said county. Any such municipal election shall be held according to the rules and regulations governing special elec tions contained in Code Title 34A, the Georgia Municipal Election Code, as amended, but shall not be held at the time of holding any other primary or election in said municipality. The returns of the election held hereunder shall be made within three days after the election to the election superintendent who shall ascertain and declare the result after the receipt of the returns. The ballot in such election shall have
written or printed thereon:

"( ) YES Shall alcoholic beverages for beverage purposes by the drink, for consumption on the premises
( ) NO only, be allowed in private clubs?"

Those desiring to vote in favor of the sale of alcoholic beverages in private clubs shall vote "Yes". Those desirifig to vote against the sale of alcoholic beverages in private clubs shall vote "No". If at such elec tion a majority of the votes cast shall be in favor of the sale of al coholic beverages in private clubs, such sale shall be permitted in accordance with the provisions of this Act. If at such election a majority of the votes cast shall be against the sale of alcoholic beverages in private clubs, such sale in such political subdivision shall be prohibited as is now provided by law. No election provided for herein shall be held within two years after the date of the declaration of the result of the previous election for such purpose under this Act. In any county or municipality which has at any time held an election in accordance with the provisions of this Act, resulting in the majority of the votes being

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cast in favor of the sale of alcoholic beverages in private clubs, the Judge of the Probate Court of such county or the Mayor of such municipality, upon a petition signed by at least thirty-five percent (35%) of the registered qualified voters of the political subdivision concerned, shall proceed to call another election in the same manner as hereinbefore provided in this Section, for the purpose of nullifying the previous election: however, no such election shall be called or had within two years after the date of the declaration of the result of the previous election had for such purpose under this Act. The local Gov ernmental authority must approve any license within its jurisdiction
before issue of such license.

Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

On the motion offered by Senator Kidd of the 25th, the yeas were 39, nays 1; the motion prevailed, and the committee substitute to HB 1304 was reconsidered.

Senator Greene of the 2th offered the following amendment:

Amend the substitute to HB 1304 offered by the Senate Committee on Consumer Affairs as follows:
By adding on line 15 of Page 1 after the following: "procedures;",
the following: "to provide that the provisions of this Act are not severable;".
By striking from lines 13 and 14 of Page 4 the following: "to be held within thirty (30) days from the filing of this
petition", and inserting in lieu thereof the following:
"at least thirty (30) days prior to the date of such election". By striking on lines 23 and 28 of Page 4 the following:
"but shall not", and inserting in lieu thereof the following:
"and may".

WEDNESDAY, MARCH 1, 1978

2175

By adding: between lines 34 of Page 5 and line 1 of Page 6 the following:

"Section 7. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, the remainder of this Act shall be invalid and of no force and effect. The General Assembly hereby declares that it would not have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or ad judged invalid or unconstitutional."

By striking from line 1 of Page 6 the following:

"Section 7",

and inserting in lieu thereof the following:

"Section 8".

By striking from line 4 of Page 6 the following:

"Section 8",

and inserting in lieu thereof the following:

"Section 9".

On the adoption of the amendment offered by Senator Greene of the 26th, the yeas were 45, nays 0, and the amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 41, nays 5, 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 Ballard Bell Bond Broun of 46th Coyerdell Dean of 6th

Dean of 31st
Doss Duncan Eldridge Evans Gillis Hill

Holloway Howard Hudgins Hudson Kidd Lester McGill

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Pearce Riley Robinson Russell

JOURNAL OP THE SENATE,

Scott Stephens Stumbaugh Tate

Timmons Tysinger Walker Wessels

Those voting in the negative were Senators:

Banks Barker Barnes Brown of 47th Carter English Fincher

Foster Greene Johnson Kennedy Langford Overby Paulk

Reynolds Shapard Starr Summers Sutton Thompson Turner

Not voting were Senators Brantley and Traylor.

On the passage of the bill, the yeas were 33, nays 21.

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

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

HB 1262. By Representatives Lane of the 40th, Adams of the 36th, Games of the 43rd and Hudson of the 137th:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act" so as to continue or provide for certification for retired peace officers for the purpose of accepting private employment; to provide for other matters relative thereto. Senate Sponsor: Senator Johnson of the 34th.

Senator Pearce of the 16th offered the following substitute to HB 1262:
A BILL
To to be entitled an Act 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; to provide the conditions under which certain investigations or interrogations of a law enforcement officer shall be made by a law enforcement agency; to provide that law enforcement officers shall not be prohibited from bring ing certain suits; to authorize law enforcement officers to comment on adverse materials to be placed in their files; to prohibit the requiring or requesting of law enforcement officers to disclose certain information; to provide for a hearing before an investigating committee before certain actions are taken against a law enforcement officer; to provide for the

WEDNESDAY, MARCH 1, 1978

2177

conduct of such hearings and the decisions, orders and actions taken therein; to provide for appeals from decisions rendered by investigating committees; to prohibit certain actions against law enforcement officers; to provide for the enforcement of the rights provided Under thid Act by the superior courts; to provide for certain punishments;, to provide for legislative intent; to provide for severability; 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, the following terms shall have the following meanings:

(a) "Law enforcement officer" means any person who, in his official capacity, is authorized by law to make arrests and who is a mem ber of one of the following law enforcement agencies: the Police Depart ment, bureau or force of any incorporated city or town or the Police Department, bureau or force of any county or consolidated governmental body. Such term shall not include a person who

(1) is an officer serving in a probationary status, except when allegations of brutality in the execution of his duties are made of such officer in which case he shall be included under said defini tion ; or

(2) is a sheriff of this State or is a person serving at the pleasure of such sheriff.

(b) "Hearing Board" means a board which is authorized by the chief to hold a hearing on a complaint against a law enforcement, of ficer and which consists of five members. Three of said members shall be appointed by said chief and selected from law enforcement officers within that agency, or law enforcement officers of another agency with the approval of the chief of the other agency. Said law enforcement officer members shall have had no part in the investigation or interrogation of the law enforcement officer against whom the complaint has been filed, and at least one of such members shall be of the same rank as the law enforcement officer against whom the complaint has been filed, if such member is from the agency in which said officer serves, or of a comparable rank if such member is from another agency. One member shall be a member of the governing authority of the county, municipality or consolidated governmental authority in Which serves said law en forcement officer against whom the complaint has been filed, with such member to be appointed by said governing authority. One member shall be a citizen member holding no elective public office, residing in the county or municipality in which said law enforcement officer serves, with such member to be appointed by the chief executive officer of said county, municipality or consolidated governmental authority with the approval of the chief of the law enforcement agency thereof.

(c) "Hearing" means any meeting in the course of an investigatory proceeding, other than an interrogation, at which testimony is taken

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under oath, conducted by a Hearing Board for the purpose of taking or adducing testimony or receiving other evidence.

(d) "Summary punishment" is punishment imposed by the highest ranking officer of a unit or member acting in that capacity, which may be imposed when the facts constituting the offense are not in dispute. Summary punishment may not exceed 3 days' suspension without pay.

(e) "Chief" means the superintendent, commissioner, chief of police, or sheriff of a law enforcement agency.

Section 2. Right to engage in political activity. A law enforcement officer has the same right to engage in political activity as is afforded to any State employee. This right to engage in political activity shall not apply to any law enforcement officer when he is on duty or when he is acting in, his official capacity.

Section 3. Procedure to be followed at interrogation or investigation. Whenever a law enforcement officer is under investigation or subjected to interrogation, for a purpose other than enforcement of the criminal laws of this State, by a law enforcement agency for any reason which could lead to suspension from active duty without pay in excess of 3 days, demotion or dismissal, the investigation or interrogation shall be conducted under the following conditions:

(a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the law enforcement officer is on duty, unless the seriousness of the investigation is of such a degree that an im mediate interrogation is required.

(b) The interrogation shall take place either at the office of the command of the investigating officer or at the office of the local
precinct or police unit in which the incident allegedly occurred, as designated by the investigating officer, unless otherwise waived in
writing by the law enforcement officer.

(c) The law enforcement officer under investigation shall be in formed of the name, rank and command of the officer in charge of the
investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the officer under interroga
tion shall be asked by and through one interrogator.

(d) No complaint against a law enforcement officer, while in the
execution of his duties, shall be investigated unless the complaint shall be duly sworn to before an official authorized to administer oaths.

(e) The law enforcement officer under investigation shall be in formed in writing of the nature of the investigation prior to any inter rogation, and of the names of all witnesses.

(f) Interrogating sessions shall be for reasonable periods and
shall be timed to allow for such personal necessities and rest periods as are reasonably necessary.

WEDNESDAY, MARCH 1, 1978

2179

(g) The law enforcement officer under interrogation shall not be threatened with transfer, dismissal, or disciplinary action.

(h) A complete record, either written, taped or transcribed, shall be kept of the complete interrogation of a law enforcement officer, including all recess periods. A copy of the record shall be available to the officer or his counsel upon request without cost.

(i) At the request of any law enforcement officer under, inter
rogation, he shall have the right to be represented by counsel or any other responsible representative of his choice who shall be present at all times during the interrogation, unless such right is waived in writing by the law enforcement officer. The interrogation shall be suspended for a reasonable time until representation can be obtained.

(j) No law enforcement agency shall insert any material into any
file of the officer, unless the officer has an opportunity to review, sign, receive a copy of and comment in writing upon the material, unless the officer waives in writing these rights.

(k) Any law enforcement officer who shall be under investigation or interrogation and who is subject to the provisions of this Section may waive any and all rights and provisions of this Section. This waiver shall be in writing.

Section 4. Disclosure by officer of property, income. No law en forcement officer shall be required or requested to disclose any item of his property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any member of his family or household) unless such information' is necessary in investigating -a possible conflict of interest with respect to the performance of his of ficial duties, or unless such disclosure is otherwise required by law.

Section 5. Hearing before demotion, dismissal, transfer, (a) If the investigation or interrogation of a law enforcement officer results in the recommendation of demotion, dismissal, transfer, loss of pay or reassignment, then, before taking such action, the law enforcement agency shall give notice to the law enforcement officer that he is entitled to a hearing on the issues by a Hearing Board. The notice shall state the time and place of the hearing and the issues involved. An official record, including testimony and exhibits, shall be kept of the hearing. A copy of the record shall be available to the officer or his counsel upon request without cost.
(b) The hearing shall be conducted by the Hearing Board of the law enforcement agency by which the law enforcement officer is em ployed. Both the law enforcement agency and the law enforcement of ficer shall be given ample opportunity to present evidence and argument with respect to the issues involved. Both such parties may be represented by counsel.

(c) Evidence which possesses probative value commonly accepted
by reasonable and prudent men in the conduct of their affairs shall be admissible and shall be given probative effect. The Hearing Board

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conducting the hearing shall give effect to the rules of privilege rec ognized by law, and may exclude incompetent, irrelevant, immaterial
and unduly repetitious evidence. All records and documents which any party desires to use shall be offered and made a part of the record. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.

(d) Every party shall have the right to cross-examine adverse witnesses who testify, and may submit rebuttal evidence.

(e) The Hearing Board conducting the hearing may take notice of judicially cognizable facts and, in addition, may take notice of general, technical or scientific facts within its specialized knowledge. Parties shall be notified beforehand of the material so noticed.

(f) With respect to the subject of any investigation or hearing conducted pursuant to this Act, the Hearing Board may administer oaths or affirmation and examine any individual under oath.
(g) Witness fees and mileage, if claimed, shall be allowed the same as for testimony in the superior court. Witness fees, mileage, and the actual expenses necessarily incurred in securing attendance of witnesses and their testimony shall be itemized, and shall be paid by the law enforcement agency.
Section 6. Decision or order; findings of fact; recommendations for action. Any decision, order or action taken as a result of the hearing shall be in writing and shall be accompanied by findings of fact. The findings shall consist of a concise statement upon each issue in the case. A copy of the decision or order and accompanying findings and conclusions, along with written recommendations for action, shall be delivered or mailed promptly to the law enforcement officer or to his attorney or representative of record. The decision of the Hearing Board shall be final and binding unless appealed as provided in this Act.
Section 7. Appeals. Appeal from decisions rendered in accordance with provisions of this Act shall be taken pursuant to Georgia State laws.

Section 8. Retaliation for exercising rights. No law enforcement officer shall be discharged, disciplined, demoted or denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to his employment or be threatened with any such treatment, by reason of his exercises of or demand for the rights granted in this Act, or by reason of the lawful exercise of his constitutional rights.

Section 9. Application to superior court for show cause order. Any law enforcement officer who is denied any right afforded by this Act may apply to the superior court of the county where he is regularly employed for any order directing the law enforcement agency to show cause why the right should not be afforded.
Section 10. Crimes and punishments, (a) The provisions of this

WEDNESDAY, MARCH 1, 1978

2181

Act are not intended to prohibit summary punishment or emergency suspension.

(b) Punishment, not to exceed 10 days, may be imposed for viola tions of departmental rules and regulations when:

(1) The facts which constitute the violation are not in dispute;

(2) The officer waives, in writing, the hearing provided by this Act; and

(3) The officer accepts the punishment imposed by the chief.

(c) Emergency suspension may be imposed by the chief when it
appears that the action is in the best interest of the public and the law enforcement agency. Any person so suspended shall be entitled to a prompt hearing.

Section 11. Legislative intent. The provisions of this Act are not intended to restrict, limit or affect in any way criminal investigations conducted with a view toward enforcement of the criminal laws of the State of Georgia, and each and all of the provisions hereof shall be construed accordingly.

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 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 13. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Holloway of the 12th moved that HB 1262 be committed to the Committee on Judiciary.

On the motion, the yeas were 29, nays 10; the motion prevailed, and HB 1262 was committed to the Committee on Judiciary.

The following local, uncontested resolutions of the Senate and House, favor ably reported by the committee, were read the third time and put upon their adoption:

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SR 323. By Senator Bell of the 5th:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the form of goverment of DeKalb County and, in connection therewith, to provide for the various officers, bodies, branches, departments or agencies by and through which the county's governmental powers shall be exercised and to re quire that certain legislation adopted pursuant to such authority shall be conditioned for its effectiveness on approval of the voters of DeKalb County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article IX, Section II of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
"Any other provision of this Constitution to the contrary not withstanding, in addition to any powers heretofore possessed by the General Assembly, the General Assembly may provide by law for the form of government of DeKalb County and, in connection therewith, may create or establish the various officers, bodies, branches, departments or agencies by and through which the county's governmental powers shall be exercised and may provide for the distribution of such governmental powers among such of ficers, bodies, branches, departments or agencies in such manner as the General Assembly shall determine. No law enacted pursuant to the authority herein granted shall remove or diminish any power heretofore possessed by DeKalb County, except that no such power heretofore possessed may be exercised in any manner to change the form of government of DeKalb County or to change the distribu tion of powers among the various officers, bodies, branches, de partments or agencies of the DeKalb County government as created or established by law enacted pursuant to the authority herein granted, unless such changes are specifically authorized by such law. Any law enacted pursuant to the authority herein granted shall provide for an elective governing body of DeKalb County, and if executive powers are separated from legislative powers, the chief executive officer shall be an elective official. The effectiveness of any law adopted pursuant to the authority herein granted shall be conditioned on the approval of a majority of the qualified electors of DeKalb County voting at elections held for such purpose when any such law affects the DeKalb County government in any one or more of the following ways:

(a) Changing the number of members, terms of office or the manner of electing the members of the governing body of DeKalb County.
(b) Changing the term of office or the method of electing the chief, executive officer of DeKalb County.

WEDNESDAY, MARCH 1, 1978

2188

(c) Establishing the powers and duties of the executive or legislative branch of the DeKalb County government.

(d) Changing the powers and duties of the executive or leg islative branch of the DeKalb County government when such powers and duties have been established by Acts of the General Assembly, pursuant to the authority herein granted."

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 au thorize the General Assembly to provide by law
( ) NO for the form of government of DeKalb County and, in connection therewith, to provide for the various officers, bodies, branches, departments or agencies by and through which the county's governmental powers shall be exercised and to require that certain legislation adopted pursuant to such authority shall be conditioned for its ef fectiveness on approval of the voters of DeKalb County?"

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

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

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

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 Eldridge English

Evans Fincher Foster Gillis Greene Hill Holloway Howard

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Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds

JOURNAL OP THE SENATE,

Riley Robinson Russell Scott Shapard Starr
Stephens Stumbaugh

Summers Sutton Tate Thompson Timmons Turner
Tysinger Walker

Those not voting were Senators:

Brantley Duncan Hudgins

Johnson Pearce

Traylor Wessels

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.

SR 347. By Senators Wessels of the 2nd and Riley of the 1st:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that each person who is 65 years of age or over or who is totally disabled shall be granted an exemption from all ad valorem taxes levied by Chatham County for county purposes in an amount to be fixed by the Board of Commissioners of Chatham County on a homestead owned and occupied by him as a residence if his net income does not exceed an amount to be fixed by the Board of Commissioners of Chatham County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"Each person who is 65 years of age or over or who is totally disabled is hereby granted an exemption from all county ad valorem taxes levied by Chatham County for county purposes in an amount to be fixed by the Board of Commissioners of Chatham County on a homestead owned and occupied by him as a residence if his net in come, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as may otherwise be provided by the Board of Commissioners of Chatham County, does not exceed an amount to be fixed by the Board of Commissioners of Chatham

WEDNESDAY, MARCH 1, 1978

2185

County for the immediately preceding taxable year for income tax purposes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or his agent, files an affidavit with the Tax Commissioner of Chatham County, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption and any income limitations required to qualify for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemp tions, as the same now exists or may hereafter be amended, shall apply thereto. After any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The Board of Commissioners of Chatham County may provide by resolution or ordinance for the proper administration of this exemption and shall set the amount of such exemption and any income limitation required to qualify for such exemption by resolution or ordinance. The exemption provided for herein shall apply to all taxable years beginning after the adoption of a resolution or ordinance by the Board of Commis sioners of Chatham County providing for such exemption. The amount of such exemption and the qualifications therefor may be changed by the Board of Commissioners of Chatham County by resolution or ordinance and any such change shall be effective and shall apply to all taxable years beginning after the adoption of such resolution or ordinance. The Board of Commissioners of Chatham County shall define the term 'totally disabled' by resolu tion or ordinance."
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 each person who is 65 years of age or
( ) NO over or who is totally disabled shall be granted an exemption from all ad valorem taxes levied by Chatham County for county purposes in an amount to be fixed by the Board of Commission ers of Chatham County on a homestead owned and occupied by him as a residence if his net income does not exceed an amount to be fixed by the Board of Commissioners of Chatham County?"

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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 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 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 Kennedy
Kidd Langford
Lester McGill
Overby Paulk
Reynolds

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

Those not voting were Senators:

Brantley Duncan Hudgins

Johnson Pearce

Traylor Wessels

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.

SR 351. By Senator Hudson of the 35th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly shall have the power by general, local or special

WEDNESDAY, MARCH 1, 1978

2187

law applicable to any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census, and applicable to any municipality located wholly or partially within such county, to provide for the assessment of property in any such county or municipality by a board of assessors; to establish county boards of equalization within any such county; to provide that the General Assembly may by law provide for the implementation of such boards and for other matters relative there to; 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. The amendment to the Constitution ratified on Nov
ember 4, 1952, which is set forth in Ga. Laws 1952, pp. 591-594, and which was continued in force and effect by the Constitution of 1976 is hereby amended by striking all language added to the Constitution by said amendment and substituting in lieu thereof, as a paragraph to appear at the end of Article IX, Section I, Paragraph VI, the fol lowing:

"Notwithstanding any other provision of this Constitution, any uniformity provisions otherwise contained in this Constitution, and any general law of this State, the General Assembly shall have the power by general, local or special law applicable to any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census, and applicable to any municipality located wholly or partially within such county to:

(a) Provide for the establishment of a board of tax assessors, to define the jurisdiction, powers and duties thereof, the number, terms and qualifications of the members of such board, method of appointment, filling vacancies, removal and remuneration; and

(b) Authorize said board to assess all taxable property in the county, and to assess all taxable property of any municipality lying wholly or partially within such county, for all purposes which are now or may hereafter be authorized by law; and

(c) Create a board of tax appeals and equalization or any other system of appeals, by whatever name designated, and to define the jurisdiction, powers and duties thereof and the number, terms and qualifications of members of such board and methods of appointment, filling vacancies, removal and remuneration of its members, and establish procedures for appeals from assessments made by the board of tax assessors and for the equalization of said
assessments; and

(d) Authorize or direct appropriations by the county or by any municipality lying therein, or provide otherwise, for the support of the board or boards created pursuant to the authority herein
granted; and

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(e) Provide for the transfer of property necessary for the operation of said boards."

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 au thorize the General Assembly to enact general,
( ) NO local or special laws applicable to any county of this State having a population of 600,000, or more according to the United States Decennial Census of 1970 or any future such census, and applicable to any municipality located wholly or partially within such county, so as to provide for the as sessment of property in any such county or municipality by a board of assessors; to establish county boards of equalization within any such county and for other matters relative thereto?"

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

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

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

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

Those voting in the affirmative were Senators:

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 Poster Gillis
Greene Hill Holloway
Howard Hudson Kennedy

Kidd Langford
Lester McGill
Overby Paulk Reynolds
Riley Robinson Russell
Scott Shapard Starr

WEDNESDAY, MARCH 1, 1978

2189

Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons

Turner Tysinger Walker

Those not voting were Senators:

Brantley Duncan Hudgins

Johnson Pearce

Traylor Wessels

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.

SR 359. By Senators Stumbaugh of the 55th, Scott of the 43rd, Tysinger of the 41st and Bell of the 5th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Lithonia in an amount of $2,000.00 from all City of Lithonia ad valorem taxes; to provide that residents of the City of Lithonia who are 65 years of age or over or who are totally disabled and who have an income from all sources, including the income from certain members of the family, not exceeding $4,000.00 per annum shall be granted an additional homestead exemption of $2,000.00 from ad valorem taxation by said city; to provide procedures in connection with obtaining such exemptions; 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 FV 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 homestead of each resident of the City of Lithonia actually occupied by the owner as a residence and home stead, but only so long as actually occupied by the owner primarily as such, is hereby exempted from all city ad valorem taxes in an amount of $2,000.00 of its value. In addition to the $2,000.00 home stead exemption provided for above, each resident of the City of Lithonia who is 65 years of age or older or who is totally disabled is hereby granted an exemption from all ad valorem taxes in the amount of $2,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as here-

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JOURNAL OF THE SENATE,

inafter provided, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be
included as net income for the purposes of this paragraph. The homestead exemptions provided for herein shall continue for so long as any such resident of the City of Lithonia actually occupies said homestead as his residence. Provided, however, no homestead exemption from ad valorem taxation by the City of Lithonia shall exceed the sum of $4,000.00. The value of the homestead in excess of the above exempted amount or amounts shall remain subject to ad valorem taxation by the City of Lithonia. No resident shall 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 his 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. No resident who is entitled to the additional exemption as provided for above shall be qualified to receive the benefits of such homestead exemption unless h^ files an affidavit with the governing authority of the City of Lithonia, or with the person designated by the governing authority of the City of Lithonia, giving his age and the amount of income which he receives and such additional in formation as may be required to enable the governing authority of the City of Lithonia, or the person designated by the governing authority of the City of Lithonia, to make determination as to whether such owner is entitled to such exemption. In addition, in order to qualify for the exemption for a disabled person provided for herein, the person claiming such exemption shall be required to obtain a certificate from not less than one nor more than three physicians licensed to practice medicine under Code Chapter 84-9 of the Code of Georgia, relative to medical practitioners, as now or hereafter amended, certifying that such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapability is likely to be permanent. Such applications shall be processed in the same manner as other applications for homestead exemption and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto; but after any such person has filed the proper application and certificates as provided above and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said certificates thereafter for any year and the said exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the governing au thority in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly
may provide by law for the proper administration of this exemption,

WEDNESDAY, MARCH 1, 1978

2191

including penalties necessary therefor. The increased 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, 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 pro vide for a homestead exemption for resident
( ) NO homeowners of the City of Lithonia in an amount of $2,000.00 and to provide an additional home stead exemption in the amount of $2,000.00 for persons who are 65 years of age or older or who are totally disabled and who have a net income not exceeding $4,000.00 for the immediately preceding taxable year?"

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

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

The 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

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

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

2192
Sutton Tate Thompson

JOURNAL OF THE SENATE,

Timmons Turner

Tysinger Walker

Those not voting were Senators:

Brantley Duncan
Hudgins

Johnson Pearce

Traylor Wessels

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.

SR 365. By Senator Dean of the 31st:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that residents of the City of Rockmart who are 65 years of age or over shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said city; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY 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 notwithstanding, each resident of the City of Rockmart who is 65 years of age or over is hereby granted an exemption of $2,000.00 on his homestead from all ad valorem taxation by the City of Rockmart so long as any such resident of the City of Rockmart actually occupies said homestead as his residence. There shall be no more than one $2,000.00 exemption per homestead. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Rockmart. No resident shall be qualified to receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Rockmart, or with a person designated by the govern ing authority of the City of Rockmart, giving his age and any additional information as may be required to enable the governing authority of the City of Rockmart, or the person designated by the governing authority of the City of Rockmart, to make a determina tion as to whether such owner is entitled to such exemption. The governing authority of the City of Rockmart, or the person des ignated by the said governing authority, shall provide affidavit

WEDNESDAY, MARCH 1, 1978

2193

forms for this purpose. The 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 pro
vide that residents of the City of Rockmart who
( ) NO are 65 years of age or over shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said city?"

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

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

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

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

Those voting in the affirmative were Senators:

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
Kennedy
Kidd Langford Lester McGill
Overby Paulk Reynolds

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

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Brantley Duncan
Hudgins

Johnson Pearce

Traylor Wessels

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 590. By Representatives Housley of the 21st, Cooper of the 19th, Murphy of the 18th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to create a Paulding County Civil Service System for all those persons, other than elected officials, whose salaries or wages are paid in whole or in part from the funds of Paulding County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article IX, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The General Assembly is hereby authorized to provide by law for the creation of a Paulding County Civil Service System for all those persons, other than elected officials, whose salaries or wages are paid in whole or in part from the funds of Paulding County."
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 au thorize the General Assembly to provide by law
( ) NO for the creation of a Paulding County Civil Service System for all those persons, other than elected officials, whose salaries or wages are paid in whole or in part from the funds of Pauld ing County?"
All persons desiring to vote in favor of ratifying the proposed

WEDNESDAY, MARCH 1, 1978

2195

amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

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

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

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

Those voting in the affirmative were Senators

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 Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds

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

Those not voting were Senators:

Brantley
Duncan Hudgins

Johnson Pearce

Traylor Wessels

On the adoption of tie resolution, the yeas were 49, nays 0.

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

HR 657. By Representative Irvin of the 10th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a homestead exemption for tax purposes for certain property owned by

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JOURNAL OF THE SENATE,

residents of Banks County; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:

"Each resident of Banks County who is 65 years of age or over is hereby granted an exemption from all Banks County ad valorem taxes, including taxes for education, in the amount of $8,000.00 on a homestead owned and occupied by him as a residence. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the Tax Commissioner of Banks County, giving his age and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commis sioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for 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 pro vide that each resident of Banks County who is
( ) NO 65 years of age or over shall be granted an
exemption from all Banks County ad valorem taxes, including taxes for education, in the amount of $8,000.00 on a homestead owned and
occupied by him as a residence?"

All persons desiring to vote in favor of ratifying the proposed

WEDNESDAY, MARCH 1, 1978

2197

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 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 Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds

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

Those not voting were Senators:

Brantley Duncan Hudgins

Johnson Pearce

Traylor Wessels

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 658. By Representative Irvin of the 10th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a homestead exemption for tax purposes for certain property owned by

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JOURNAL OP THE SENATE,

residents of Stephens County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:

"Each resident of Stephens County who is 65 years of age or over is hereby granted an exemption from all Stephens County ad valorem taxes, including taxes for education, in the amount of $8,000.00 on a homestead owned and occupied by him as a residence. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the Tax Commissioner of Stephens County, giving his age and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for
any year and the said exemption shall continue to be allowed to
such owner. It shall be the duty of any such owner, however, to
notify the tax commissioner in the event he becomes ineligible
for any reason for the exemption provided in this paragraph. The
General Assembly may provide by law for the proper administration
of this exemption, including penalties necessary therefor. The
increased exemption provided for 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 pro vide that each resident of Stephens County
( ) NO who is 65 years of age or over shall be granted an exemption from all Stephens Couny ad valorem taxes, including taxes for education, in the amount of $8,000.00 on a homestead owned and occupied by him as a residence?"

WEDNESDAY, MARCH 1, 1978

2199

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 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 Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds

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

Those not voting were Senators:

Brantley Duncan Hudgins

Johnson Pearce

Traylor Wessels

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 661. By Representatives Dover of the llth, Twiggs and Colwell of the 4th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a homestead exemption for tax purposes for certain property owned by

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JOURNAL OF THE SENATE,

residents of White County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:

"Each resident of White County who is 65 years of age or over is hereby granted an exemption from all White County ad valorem taxes, including taxes for education, in the amount of $10,000.000 on a homestead owned and occupied by him as a residence. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the Tax Commissioner of White County, giving his age and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for 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 pro
vide that each resident of White County ( ) NO who is 65 years of age or over shall be granted
an exemption from all White County ad valorem taxes, including taxes for education, in
the amount of $10,000.00 on a homestead owned and occupied by him as a residence?"

All persons desiring to vote in favor of ratifying the proposed

WEDNESDAY, MARCH 1, 1978

2201

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 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 Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds

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

Those not voting were Senators:

Brantley Duncan Hudgins

Johnson Pearce

Traylor Wessels

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 662. By Representative Dover of the llth:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a homestead exemption for tax purposes for certain property owned by

2202

JOURNAL OP 'T-HE ^SENATE,'

residents: of Habersham County; to prpvide 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:

"Each resident of Habersham County who is 65 years of age or
over is hereby granted an exemption from all Habersham County ad valorem taxes, including taxes for education, in the amount of $10,000.00 on a homestead owned and occupied by him as a residence. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the Tax Commissioner of Haber
sham County, giving his age and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for 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 pro vide that each resident of Habersham County
( ) NO who is 65 years of age or over shall be granted an exemption from all Habersham County ad valorem taxes, including taxes for education, in the amount of $10,000.00 on a homestead owned and occupied by him as a residence?"

All persons desiring to vote in favor of ratifying the proposed

WEDNESDAY;
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 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 Giliis 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 Timmons Turner Tysinger Walker

Those not voting were Senators:

Brantley Duncan Hudgins

Johnson Pearce

Traylor Wessels

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

2204

JOURNAL OP THE SENATE,

SB 466. By Senators Robinson of the 27th and KeWedy of the 4th:
A bill to repeal an Act known as the "Georgia Special Adult Offender Act of 1975," as amended; to provide an effective date.

SB 384. By Senator Holloway of the 12th:
A bill to authorize the Board of Regents of the University System of Georgia to grant certain scholarships; to provide for other matters relative thereto; to provide conditions for the effectiveness of this Act; to provide an effective date.

SB 383. By Senator Holloway of the 12th:
A bill to create the State Medical Education Board as the successor to and as a continuation of the heretofore existing State Medical Edu cation Board; to provide for a Secretary and Treasurer of the Board and for clerical assistance; to provide for a Chairman and other of ficers and for meetings.

SB 619. By Senator McGill of the 24th:
A bill to amend an Act providing for the regulation of the sale of livestock at auction, as amended, so as to provide for the manner of making payment and depositing payment for livestock purchased at auction.
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 393. By Senator Thompson of the 32nd:
A bill to provide for a right of cancellation with respect to sales of physical culture, physical fitness or body improvement courses or services; to provide enforcement of such right.

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

SB 555. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act," as amended, so as to provide for the employment of classroom aides and paraprofessionals; to provide for the authority of "in loco parentis" for such classroom aides and paraprofessionals under certain conditions.

The House insists on its position in amending, 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 Senate:

WEDNESDAY, MARCH 1, 1978

2205

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.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Isakson of the 20th, Burruss of the 21st and Castleberry of the lllth.

The following bills and resolutions of the House were read the first time and referred to committee:

HB 231. By Representative Adams of the 36th:
A bill to amend an Act providing for pensions for members of police departments in cities having a population of 150,000 or more, according to the U.S. Decennial Census of 1920, or any future such census, so as to provide for additional benefits for all officers. Referred to Committee on County and Urban Affairs.

HB 379. By Representative Carnes of the 43rd:
A bill to amend an Act approved Aug. 13, 1924, as amended, providing a system of pensions and other benefits for members of paid fire de partments in cities having a population of more than 300,000 according to the U.S. Decennial Census. Referred to Committee on County and Urban Affairs.

HB 1515. By Representatives Bolster of the 30th, Greer and Horton of the 43rd:
A bill to amend the Act approved August 13, 1924, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 300,000 as disclosed by the United States Census of 1920, or any subsequent census. Referred to Committee on County and Urban Affairs.

HB 1516. By Representatives Bolster of the 30th, Greer and Horton of the 43rd:
A bill to amend an Act approved February 15, 1933, providing pensions for members of police departments in cities having a population of 300,000 or more according to United States Census of 1920, or any subsequent census thereof. Referred to Committee on County and Urban Affairs.

2206

JOURNAL OP THE SENATE,

HB 1517. By Representatives Bolster of the 30th, Greer and Horton of the 43rd:
A bill to amend the Act approved August 20, 1927, providing that cities having a population of more than 300,000 according to the United States Decennial Census of 1970, or any such future census, shall furnish pensions to officers and employees. Referred to Committee on County and Urban Affairs.

HB 1951. By Representatives Benefield, Johnson and Lee of the 72nd and others:
A bill to amend an Act abolishing the fee system of compensation for the Clerk of Superior Court of Fayette County and providing an annual salary in lieu thereof so as to change the compensation of the clerk of superior court. Referred to Committee on County and Urban Affairs.

HB 2025. 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 so as to change the provisions relative to the compensation of the deputy clerk. Referred to Committee on County and Urban Affairs.

HB 2026. 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 so as to change the compensation of the tax commissioner. Referred to Committee on County and Urban Affairs.

HB 2027. By Representative Ross of the 76th:
A bill to repeal an Act authorizing the governing authority of Warren County to employ a full-time county policeman. Referred to Committee on County and Urban Affairs.

HB 2028. By Representative Ross of the 76th:
A bill to amend an Act creating a new charter for the City of Lincolnton so as to change the provisions relating to temporary loans. Referred to Committee on County and Urban Affairs.

HB 2029. By Representative Ross of the 76th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Lincoln 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.

WEDNESDAY, MARCH 1, 1978

2207

HB 2030. By Representative Ross of the 76th:
A bill to amend an Act providing for the compensation of the Judge of the Probate Court of Warren County so as to change the provisions relating to the compensation of clerical help for the judge of the probate court. Referred to Committee on County and Urban Affairs.

HB 2031. By Representative Ross of the 76th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Lincoln County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emolu ments; to provide for periodic statements.
Referred to Committee on County and Urban Affairs.

HB 2032, By Representative Ross of the 76th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Lincoln County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees and emoluments; to provide for periodic statements.
Referred to Committee on County and Urban Affairs.

HB 2033. 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 so as to change the compensation of the tax commission er; to provide for payment by the county of certain expenses of the office of tax commissioner.
Referred to Committee on County and Urban Affairs.

HB 2034. By Representative Ross of the 76th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lincoln County and providing in lieu thereof an annual salary so as to change the compensation of the said sheriff. Referred to Committee on County and Urban Affairs.

HB 2035. By Representative Ross of the 76th:
A bill to amend an Act providing compensation for the Treasurer of Lincoln County so as to change the compensation of said treasurer. Referred to Committee on County and Urban Affairs.

2208

JOURNAL OF THE SENATE,

HB 2040. By Representative Murphy of the 18th:
A bill to amend an Act providing an annual salary for the Treasurer of Haralson County so as to change the compensation of the Treasurer of Haralson County. Referred to Committee on County and Urban Affairs.

HB 2048. By Representative Culpepper of the &8th:
A bill to amend an Act creating and establishing a new charter for the City of Byron so as repeal the provisions relating to the mayor's court and to create a recorder's court for said city; to provide for the appointment of a judge. Referred to Committee on County and Urban Affairs.

HB 2049. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act creating a county commissioner of Gilmer County and an advisory board of Gilmer County so as to change the provisions relative to the compensation of the commissioner, the clerk of the commissioner and members of the advisory board. Referred to Committee on County and Urban Affairs.

HB 2050. By Representatives Colwell and Twiggs of the 4th: A bill to amend an Act abolishing the fee system of compensation for the Clerk of the Superior Court of Gilmer County and providing a salary for said officer so as to change the provisions relative to the compensation of the deputy clerk.
Referred to Committee on County and Urban Affairs.
HB 2051. By Representative Chance of the 129th:
A bill to amend an Act creating a charter for the City of Bloomingdale in the County of Chatham so as to change the corporate powers; to provide for issuance of bonds; to provide for a referendum. Referred to Committee on County and Urban Affairs.
HB 2052. By Representative Chance of the 129th:
A bill to amend an Act creating a charter for the City of Bloomingdale in the County of Chatham so as to redefine the corporate limits. Referred to Committee on County and Urban Affairs.

HB 2053. By Representative Chance of the 129th:
A bill to amend an Act creating a charter for the City of Bloomingdale in the County of Chatham so as to change the jurisdiction of the City Police Court. Referred to Committee on County and Urban Affairs.

WEDNESDAY, MARCH 1, 1978

2209

HB 2054. By Representatives Wood, Jackson and Whitmire of the 9th:
A bill to amend an Act entitled "An Act to amend the charter of the City of Gainesville, to change the corporate name of said City, to abolish the office of Mayor and Councilmen and certain other offices of said City created by Legislative enactment, to provide for a Com mission Manager form of government for said City,".
Referred to Committee on County and Urban Affairs.

HB 2055. By Representatives Wood, Jackson and Whitmire of the 9th:
A bill to create the Gainesville Redevelopment Authority. Referred to Committee on County and Urban Affairs.

HB 2057. By Representatives Cooper, Wilson and Kaley of the 19th and others:
A bill to amend an Act creating the Board of Commissioners of Paulding County so as to change the provisions relating to the compensation of the Chairman and other Commissioners; to provide for an annual local expense allowance for the Commissioners. Referred to Committee on County and Urban Affairs.

HB 2058. 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 so as to change the compensation of the judge of said court.
Referred to Committee on County and Urban Affairs.

HB 205&. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act placing the Probate Court Judge of Laurens County on an annual salary in lieu of fees so as to change the compensation of the probate court judge. Referred to Committee on County and Urban Affairs.

HB 2060. By Representatives Greene and Stone of the 138th:
A bill to amend an Act creating the Board of Commissioners of Appling County so as to change the compensation of the Commissioners of Appling County. Referred to Committee on County and Urban Affairs.

HB 2061. By Representatives Greene and Stone of the 138th:
A bill to amend an Act placing certain of the county officers of Appling County upon an annual salary so as to change the compensation of the Sheriff and the Clerk of the Superior Court of Appling County. Referred to Committee on County and Urban Affairs.

2210

JOURNAL OF THE SENATE,

HB 2062. By Representatives Greene and Stone of the 138th:
A bill to amend an Act placing certain of the county officers of Appling County upon an annual salary so as to change the compensation of the Sheriff of Appling County. Referred to Committee on County and Urban Affairs.

HB 2063. By Representatives Stone and Greene of the 138th:
A bill to provide that the Board of Commissioners of Appling County shall forego the collection and remittance of the commission on the collection of school taxes in Appling County. Referred to Committee on County and Urban Affairs.

HB 2064. By Representatives Greene and Stone of the 138th:
A bill to amend an Act placing the Judge of the Probate Court of Appling County on a salary so as to change the compensation of the judge. Referred to Committee on County and Urban Affairs.

HB 2065. By Representatives Greene and Stone of the 138th:
A bill to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Appling County into the office of the Tax Com missioner of Appling County so as to change the compensation of the tax commissioner. Referred to Committee on County and Urban Affairs.

HB 2066. By Representative Rowland of the 119th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor" so as to authorize the sale of alcoholic beverages and liquors for consumption on the premises in certain clubs located in certain counties and municipalities. Referred to Committee on County and Urban Affairs.

HR 799. By Representatives Hawkins of the 50th, Richardson of the 52nd, Childs of the 51st and others:
A resolution proposing an amendment to the Constitution so as to create the DeKalb County Retirement Home Authority for the purpose of acquiring, constructing, improving, equipping, altering, repairing, and maintaining retirement home facilities for lease or sale to nonprofit, tax exempt religious or charitable firms or corporations, with the power to borrow money and issue revenue bonds to finance the cost of ac complishing the foregoing.
Referred to Committee on County and Urban Affairs.

WEDNESDAY, MARCH 1, 1978

2211

HR 798. By Representatives Williamson of the 45th, Robinson of the 58th, Butler of the 56th and others:

A resolution proposing an amendment to the Constitution so as to

change the homestead exemption from ad valorem taxes levied for

county purposes in DeKalb County.

^~

Referred to Committee on County and Urban Affairs.

The following communication was read by the Secretary:

THE STATE SENATE

Atlanta, Georgia 30334

(

March 1,1978

In compliance with Senate Rule 192 and because I will be neces sarily absent from the meeting of the Senate Committee on Rules called for 6:00 p.m., March 1, 1978, I hereby direct Senator Riley of the 1st, as Vice Chairman of the Committee, to preside over the meeting and allow the Committee to place any bills on the Calendar.

/s/ Eldridge of the 7th Chairman, Senate Committee on Rules

The following report of the Committee on Enrolling and Journals was read by the Secretary:
Mr. President:
Your Committee on Enrolling and Journals has read and examined the following bills of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the Governor:
SB 584.
SB 585. SB 586.
SB 437.
Respectfully submitted, /s/ Edward H. Johnson, Chairman
Senator, District 34

Senator Barnes of the 33rd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

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

2212

JOURNAL OP THE SENATE,

Senate Chamber, Atlanta, Georgia Thursday, March 2, 1978

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Hill of the 29th reported that the Journal of yesterday's proceedings had been read and found correct.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 509. By Senator Greene of the 26th:
A bill to amend Code Section 45-323, relating to game and fish license or permit denial, revocation, suspension and nonrenewal, so as to re quire denial, revocation, suspension, or nonrenewal under certain cir cumstances; to change the maximum period of revocations, suspensions, nonrenewals and denials; to direct the adoption of rules; to provide standards; to provide that certain acts are unlawful; to provide penal ties.

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

SR 313. By Senator Holloway of the 12th:
A resolution to amend Resolution Act No. 78, which proposed an amend ment 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, so as to provide that the amendment proposed by such Resolution shall be repealed and shall not become a part of the Constitution under cer tain circumstances.

SR 333. By Senator Overby of the 49th:
A resolution proposing an amendment to the Constitution, so as to provide that when private property is taken or damaged for any public transportation! purposes by the State and the counties and the munici palities! of the State, jusfc and adequate compensation therefor may be paid when the same has been finally fixed and determined as provided by law; to provide for the submission of this amendment for ratifica tion or rejection.

THURSDAY, MARCH 2, 1978

2213

SR 279. By Senator Holloway of the 12th:
A resolution to amend Resolution Act No. 53 which proposed an amend ment to the Constitution, so as to authorize the General Assembly to provide by law for the increase of retirement or pension benefits of in dividuals who retired pursuant to an Act providing a system of pension and retirement pay for teachers and employees of the Board of Edu cation of Fulton County, as amended.

The House has agreed to the Senate amendments to the following bills and resolutions of the House:

HB 831. By Representatives Hutchinson of the 133rd, Daniel of the 88th, Isakson of the 20th and others:
A bill to amend an Act relating to motor vehicle licenses, as amended, which Act has been codified as Code Chapter 92-29, so as to change the license tag fees for certain vehicles; to provide an effective date,
HB 914. By Representatives Phillips of the 59th, Waddle of the 113th, Wood of the 9th and others:
A bill to provide for dam safety; to provide a short title ("Dam Safety Law of 1977"); to provide a declaration of purpose; to define certain terms; to provide for classification of dams; to require certain permits for construction and maintenance of dams; to provide |pr applications.

HB 579. By Representatives Buck of the 95th and Lambert of the 112th:
A bill to amend an Act relating to the tax imposed upon motor carriers for the privilege of using the streets and highways of this State, as amended, so as to provide for deducting accrued credits.

HB 1465. By Representatives Lambert of the 112th, Carlisle of the 71st, Battle of the 124th and others:
A bill to provide for certain matters relative to coastal zone management; to provide for the creation, composition of the Georgia Coastal Manage ment Board.

HB 1511. By Representative Pinkston of the 100th:
A bill to amend Code Title 41A, known as the "Financial Institutions Code of Georgia" so as to authorize the Department of Banking and Finance to initiate appropriate action whenever it shall appear to the department that any person or corporation is conducting business as a financial institution without authority.

HB 1671. By Representatives Ramsey of the 3rd, Long of the 142nd, Keyton of the 143rd and others:
A bill to amend the Code of Georgia of 1933 so as to create a new Code

2214

JOURNAL OP THE SENATE,

Title 68D, to be known as "The Georgia Driver Improvement Act"; to provide for the creation, operation and management of driver improve ment programs; to provide for a statement of purpose; to provide that the provisions of such Code Title are in addition to existing laws.

HR 564. By Representative Clark of the 13th:
A resolution changing the scheduled termination date of the State Board of Examiners of Speech Pathology and Audiology.

HR 668. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A resolution proposing an amendment to Article IX of the Constitution of the State of Georgia so as to authorize the Board of Commissioners of Lowndes County to license and regulate business activities in said County carried on by itinerant peddlers, itinerant vendors and other tradesmen not regularly maintaining an established place of business in said County.

The House has agreed to the Senate substitutes to the following bills and resolutions of the House:

HB 937. By Representative Buck of the 95th:
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 certain transactions between persons with common ownership; to pro vide an effective date.

HB 902. By Representative McDonald of the 12th:
A bill to amend an Act known as the "Georgia Electrical Contractors Act" so as to establish two classes of licenses; to authorize and direct the Board to prepare separate examinations for each class of licenses.

HB 1356. By Representative Hatcher of the 131st:
A bill to amend Code Section 92-3108, relating to the definition of In ternal Revenue Code of 1954 for purposes of income taxation, so as to change the definition; to provide an effective date.

HR 478. By Representatives Murphy of the 18th, Connell of the 87th and Snow of the 1st:
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 repeal Resolution Act No. 51, found in Ga. Laws 1977, p. 1557, which proposed an amendment to the Constitution pro viding' for the recall of such officials.

THURSDAY, MARCH 2, 1978

2215

HR 239. By Representatives Butler, Tolbert and Johnston of the 56th, and others:
A resolution proposing an amendment to the Constitution so as to in crease the maximum dollar amount for civil cases over which the justices of the peace in DeKalb County shall have jurisdiction from two hundred dollars to five hundred dollars; to provide for the sub mission of this amendment for ratification or rejection.

The House has disagreed to the Senate substitute to the following bill of the House:
HB 1246. By Representatives Baugh of the 108th, Parham of the 109th, Rowland of the 119th and Savage of the 25th:
A bill to amend Code Section 38-418, relating to confidential communi cations, so as to provide that communications between a physician and a patient shall be privileged.

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 1543. By Representatives Rainey of the 135th and Peters of the 2nd:
A bill to amend an Act enacting the Game and Fish Code so as to pro vide for changes in certain definitions; to provide authority for rules and regulations relating to times, places, numbers, species and sizes.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Rainey of the 135th, Twiggs of the 4th and Mann of the 13th.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following reports of standing committees were read by the Secretary:
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 rec ommendations :
SB 497. Do pass. SB 647. Do pass by substitute.

2216

JOURNAL OF THE SENATE,

SB 648. HB 1756. HB 1851. HB 1852. HB 1853. HB 1871. HB 1884. HB 1885. HB 1886. HB 1887. HB 1898. HB 1903. HB 1923. HB 1935. HB 1968. HB 1980. HB 1986.

Do pass. Do pass. Do pass as amended. Do pass. Do pass. Do pass. Do pass. Do pass as amended. Do pass. Do pass as amended. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass by substitute.

HB 1998. Do pass.

HB 2005. Do pass.

HB 2011. Do pass.

HB 2016. Do pass.

HB 2022. Do pass.

HB 2042. Do pass.

HB 2044. Do pass.

SR 372. Do pass by substitute.

HR 49. Do pass by substitute.

HR 436. Do pass by substitute.

HR 632. Do pass.

HR 672. Do pass.

HR 673. Do pass as amended.

HR 718. Do pass as amended.

HR 722. Do pass as amended.

HR 727. Do pass as amended.

HR 732. Do pass.

Respectfully submitted, Senator Sutton of the 9th District, Chairman

THURSDAY, MARCH 2, 1978

2217

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 1924. Do pass by substitute.

Respectfully submitted, Senator Sutton of the 9th District, Chairman

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 1709. Do pass. HB 1767. Do pass. HB 1815. Do pass.
Respectfully submitted, Senator Sutton of the 9th District, Chairman

Mr. President:
Your Committee on Industry, Labor and Tourism has had under consider ation the following bills and resolutions of the Senate and House and has in structed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 360. Do pass. SR 367. Do pass. HB 1268. Do pass. HB 1312. Do pass by substitute. HB 1811. Do pass. HR 741. Do pass by substitute.
Respectfully submitted, Senator Ballard of the 45th District, Chairman

Mr. President: Your Committee on Judiciary has had under consideration the following

2218

JOURNAL OP THE SENATE,

bills and resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 899. Do pass. HB 1277. Do pass. HB 1292. Do pass. HB 1326. Do pass. HB 1327. Do pass. HB 1387. Do pass. HB 1569. Do pass. HB 1629. Do pass by substitute. HB 1643. Do pass. HB 1769. Do pass. HB 1791. Do pass. HB 1805. Do pass. HR 532. Do pass. HR 577. Do pass. HB 723. Do pass.
Respectfully submitted, Senator Overby of the 49th District, Chairman

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 1711. Do pass by substitute.
Respectfully submitted, Senator Overby of the 49th District, Chairman

Mr. President:
Your Committee on Offender Rehabilitation 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 1780. Do pass by substitute.
Respectfully submitted, Senator Kennedy of the 4th District, Chairman

THURSDAY, MARCH 2, 1978

2219

Mr. President:

Your Committee on Retirement has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1329. Do pass.

Respectfully submitted, Senator Summers of the 53rd District, Chairman

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

HB 1268. By Representative Lane of the 40th:
A bill to amend an Act providing certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities so as to delete therefrom the provisions excepting governmental entities from the requirements of said Act; to provide an effective date.

HB 1312. By Representatives Swann of the 90th, Truluck of the 86th, Burton of the 47th and others:
A bill to amend Code Chapter 54-99, relating to crimes respecting in dustrial relations so as to provide that it is unlawful for any person to put a minor to indecent, obscene, or immoral exhibitions; to provide a penalty.

HB 1329. By Representative Buck of the 95th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to change the provisions relating to the service neces sary for retirement by certain members.

HB 1709. By Representatives Buck of the 95th, Thompson of the 93rd, Smyre of the 92nd and others:
A bill to amend Code Section 84-1610, relating to hours of operation of billiard rooms, so as to provide that the provisions of said Section shall not apply in counties having a consolidated city-county govern ment; to provide an effective date.

HB 1711. By Representatives Daugherty of the 33rd, Hamilton of the 31st, Lambert of the 112th and others:
A bill to safeguard individuals within the State of Georgia from dis crimination in public employment because of race, color, religion, na tional origin, sex, handicap and age with respect to employment.

2220

JOURNAL OP THE SENATE,

HB 1767. By Representatives Elliott of the 49th, Johnston and Butler of the 56th and others:
A bill to amend Code Section 113-1301, relating to county adminis trators, so as to provide for the appointment of assistant county administrators in all counties of this State having a population of not less than 400,000 nor more than 600,000 according to the United States decennial census of 1970 or any future such census.

HB 1811. By Representatives Wood, Whitmire and Jackson of the 9th: A bill to amend Code Title 69, relating to municipal corporations, so as to provide for the creation of Resource Recovery Development Au thorities in certain counties and municipalities; to provide a short title ("Resource Recovery Development Authorities Law").
HB 1815. By Representative Adams of the 36th: A bill to amend Code Chapter 84-40, relating to landscape architects, so as to enlarge the exemptions to include city, regional, or urban planners.
HR 741. By Representative Buck of the 95th: A resolution authorizing the Governor on behalf of the State of Georgia to convey to the Colonial Pipeline Company, a Delaware Corporation, an easement for right-of-way purposes for a petroleum products pipe line in Barrow County, Georgia, being a part of the lands of the Fort Yargo State Park, to provide for the consideration for such easement.
HB 723. By Representative Elliott of the 49th: A bill to amend an Act providing for the liability of corporate sureties for damages and attorney's fees arising out of bad faith refusal to remedy a default covered by, or otherwise commence performance in accordance with the terms of a contract of suretyship.

HB 899. By Representatives Hatcher of the 131st and Evans of the 84th:
A bill to amend Code Section 67-717, relating to default judgments in proceedings to foreclose mortgages on personalty, added by an Act approved April 24, 1975, so as to authorize the entry of a default judg ment for either party under certain circumstances.

HB 1277. By Representative Ham of the 80th:
A bill to amend Code Chapter 24-27, relating to clerks of superior courts, so as to revise the fees of the clerks of superior courts; to provide for additional fees; to provide for an effective date.

THURSDAY, MARCH 2, 1978

2221

HB 1292. By Representatives Pilewicz of the 41st, Greer of the 43rd and Johnston of the 56th:
A bill to amend an Act which authorizes the impoundment of vehicles illegally parked on private property so as to change the provisions re lating to the requirement of certain information to be posted on the property; to require information relating to fees; to require additional information.

HB 1326. By Representative Walker of the 115th:
A bill to amend Code Section 72-401, relating to the manner of abate ment of nuisances in cities and the jurisdiction of certain courts in nuisance cases, so as to grant to certain courts in municipalities of less than 20,000 population the jurisdiction to try cases involving the abate ment of nuisances; to provide an effective date.

HB 1327. By Representatives Pinkston of the 100th, Home of the 104th, Carnes of the 43rd and others:
A bill to amend Code Title 105, relative to torts, so as to change the definition of the term "homicide"; to change the provisions relating to the privity necessary to support an action; to provide that manu facturers of certain personal property shall be liable in tort, irrespec tive of privity, in certain cases in which death or injury occurs; to pro vide for the applicability of this Act.

HB 1387. By Representatives Pilewicz of the 41st, Murray of the 116th, Karrh of the 106th and others:
A bill to amend an Act relative to relief from civil liability for persons who render emergency care at the scene of an accident without charge and in good faith so as to clarify that certain persons are relieved from liability for rendering emergency service at the scene of an acci dent without charge.

HB 1569. By Representatives Linder of the 44th and Savage of the 25th:
A bill to amend Code Section 84-724, relating to revocation or suspen sion of license, so as to provide civil and criminal immunity for persons making certain reports or testifying in certain proceedings; to provide an effective date.

HB 1629. By Representatives Snow of the 1st, Hatcher of the 131st, Carnes of the 43rd and Taggart of the 125th:
A bill to provide for the safety of bus passengers; to provide for a short title ("Bus Passenger Safety Act") ; to provide for definitions; to prohibit certain acts, actions and activities; to define the offense of bus hijacking; to define the offense of assault with the intent to commit bus hijacking.

2222

JOURNAL OF THE SENATE,

HB 1643. By Representatives Walker of the 115th, Snow of the 1st, Evans of the 84th and others:
A bill to amend Code Chapter 26-13, relating to bodily injury and other offenses, so as to make verbal abuse of jurors, witnesses, court officials, or parties to a suit, during or after a trial, a misdemeanor.

HB 1769. By Representatives Hatcher of the 131st and Knight of the 67th:
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 change certain provisions and procedures relating to discovery against persons, firms and corporations who are not parties,

HB 1780. ,By Representative Bolster of the 30th:
A bill to amend an Act known as the "Georgia Private Detective and Private Security Agencies Act", so as to prohibit the use of uniforms and vehicular colors and markings which are, in the judgment of the board, confusingly similar to those in use by existing police agencies of the State of Georgia or any political subdivision thereof.

HB 1791. By Representatives Hatcher of the 131st, Childs of the 51st, Irvin of the 23rd and others:
A bill to amend Code Section 26-2703, relating to the crime of com mercial gambling, so as to provide that committing certain acts relat ing to bingo games without a license constitutes commercial gambling.

HB 1805. By Representative Hatcher of the 131st:
A bill to amend Code Section 113'-904, relating to inheritance by illegit imate persons, so as to provide that an illegitimate person may inherit from his or her father; to provide a mechanism for determining who shall be deemed the father of an illegitimate person.

HB 1924. By Representatives Lambert of the 112th and Carrell of the 75th:
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 or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities.

HR 532. By Representatives Smyre of the 92nd, Connell of the 87th, Edwards ef the 110th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for compensating innocent victims of cr^me; to authorize the General Assembly to provide for additional penalty assessments in criminal cases and provide that the proceeds derived therefrom may be used for the specific purpose of compensating innocent victims of crime.

THURSDAY, MARCH 2, 1978

2223

HR 577. By Representatives Walker of the 115th, Snow of the 1st, Hatcher of the 131st and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly may provide for using six-man juries in superior court in all trials except felony trials where the jury must be twelve.

SB 4&7. By Senator Stephens of the 36th:
A bill to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county, as amended.

SB 647. By Senator Bell of the 5th:
A bill to amend an Act establishing districts in DeKalb County from which the members of the county board of education shall be elected, as amended, so as to change the compensation of the members of the board of education.

SB 648. By Senator Bell of the 5th:
A bill to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, as amended, so as to change the provisions relative to school board districts.

HB 1756. By Representatives Greene and Stone of the 138th:
A bill to abolish the present mode of compensating the coroner of Wayne County, known as the fee system; to provide in lieu thereof a salary and an expense allowance; to provide for the payment of the operating expenses of said office.

HB 1851. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act placing the Sheriff of Brantley County upon an annual salary so as to change the provisions relating to the number of deputy sheriffs and their compensation; to change the provisions relating to automobiles.

HB 1852. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act abolishing the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court and the Tax Commissioner of Brantley County so as to change the pro visions relating to the compensation of personnel of the Clerk of the Superior Court, the Judge of the Probate Court and the Tax Commis sioner of Brantley County.

2224

JOURNAL OP THE SENATE,

HB 18B3. By Representatives Foster and Wheeler of the 152nd:
A bill to amend an Act creating the office of commissioners of roads and revenues of Brantley County so as to change the compensation of the members of the Board of Commissioners of Brantley County, in cluding the chairman.

HB 1871. By Representative Kemp of the 139th:
A bill to amend an Act providing for the compensation of the Sheriff and the Clerk of the Superior Court of Liberty County so as to change the annual salary of the sheriff.

HB 1884. By Representative Vaughn of the 57th:
A bill to amend an Act creating the office of Tax Commissioner of Rockdale County so as to fix the fees payable to Rockdale County for the collection of education taxes by the Tax Commissioner of Rockdale County.

HB 1885. By Representative Vaughn of the 57th:
A bill to create a court to be known as the State Court of Rockdale County.

HB 1886. By Representative Vaughn of the 57th:
A bill to amend an Act creating a Board of Commissioners for Rockdale County so as to change the provisions relating to audits.

HB 1887. By Representative Vaughn of the 57th: A bill to create a new charter for the City of Conyers.

HB 1898. By Representatives Kemp of the 139th and Rush of the 121st:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Long County into the office of Tax Commissioner of Long County so as to provide that the tax commissioner shall receive additional compensation on taxes collected in excess of a certain per centage of the taxes due according to the Tax Net Digest.

HB 1903. By Representatives Rush of the 121st and Kemp of the 139th:
A bill to amend an Act placing the Sheriff of Long County on an annual salary in lieu of the fee system of compensation so as to authorize the board of commissioners to fix the salary of the clerk of the sheriff within a certain salary range.

THURSDAY, MARCH 2, 1978

2225

HB 1923. 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 so as to increase the corporate limits of the City of Smyrna; to change the compensation of the Mayor and Council of the City of Smyrna.

HB 1935. By Representatives Greene and Stone of the 138th: A bill to amend an Act establishing the State Court of Wayne County so as to change the compensation of the solicitor.
HB 1968. By Representatives Wood, Whitmire and Jackson of the 9th: A bill to amend an Act creating the Board of Commissioners of Hall County so as to change the boundaries of the commissioner districts.

HB 1980. By Representative Vaughn of the 57th:
A bill to create and establish for and in the County of Rockdale a court to be known as the Magistrate's Court of Rockdale County.

HB 1986. By Representatives Cooper, Kaley and Wilson of the 19th:
A bill to amend an Act reincorporating the City of Marietta and creat ing a new charter for said city so as to change the compensation of the mayor and councilmen.

HB 1998. By Representatives Burton of the 47th, Williamson of the 45th, Linder of the 44th and others:
A bill to amend the charter of the City of Chamblee so as to increase the fine and imprisonment and change the penalties.

HB 2005. By Representative McDonald of the 12th:
A bill to amend an Act creating a new charter for the City of Jeffer son so as to provide that the mayor shall be eligible to succeed himself in office.

HB 2011. By Representative McDonald of the 12th: A bill to create a new charter for the City of Hoschton.

HB 2016. By Representatives Jones of the 126th, Battle of the 124th, Gignilliat of the 122nd and others:
A bill to amend an Act providing for a board of elections in counties of this State having a population of more than 170,000 and less than 195,000 persons according to the 1970 United States Decennial Census, or any such future census, so as to change the manner of filling va cancies in the office of chairman.

2226

JOURNAL OF THE SENATE,

HB 2022. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Warner Robins so as to change the corporate limits of said city.

HB 2042. By Representative Edwards of the 110th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector in the County of Marion into the office of Tax Com missioner of Marion County so as to authorize the tax commissioner to hire a clerk.

HB 2044. By Representatives Murray of the 116th and Castleberry of the lllth:
A bill providing for the compensation of the chairman and members of the board of commissioners of each county of this State having a population of not less than 26,290 and not more than 27,280 according to the United States Decennial Census of 1970 or any future such census.
SR 372. By Senator Bell of the 5th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by local law for the nonpartisan election of certain members of the DeKalb County Board of Education; to provide for the submission of this amendment for ratification or rejection.

HR 436. By Representatives Johnston, Tolbert and Butler of the 56th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income does not exceed $8,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes.

HR 632. By Representatives Greene and Stone of the 138th:
A resolution proposing an amendment to the Constitution so as to in crease the dollar amount of civil cases over which the Justices of the Peace of Wayne County shall have jurisdiction.

HR 672. By Representatives Gignilliat of the 122nd, Battle of the 124th, Jones of the 126th and others:
A resolution proposing an amendment to the Constitution so as to provide for an exemption, from ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham, in a specified

THURSDAY, MARCH 2, 1978

2227

amount of the assessed value of the homestead of each resident of Chatham County who is sixty-two years of age or over and who does not have an income from all sources, including the income from all
sources of all members of his family residing within the homestead, exceeding $10,000.

HR 673. By Representative Vaughn of the 57th:
A resolution proposing an amendment to the Constitution, so as to provide for the recall of elected officials of Rockdale County and of municipalities within Rockdale County; to provide for petitions; to provide for the conduct of such recall elections; to provide for prac tices, procedures and requirements in connection with such recall elections; to provide for the filling of vacancies.

HR 718. By Representative McDonald of the 12th:
A resolution proposing an amendment to the Constitution so as to in crease the civil jurisdiction of justices of the peace in Jackson County.

HR 722. By Representatives Tolbert, Butler and Johnston of the 56th and others:
A resolution proposing an amendment to the Constitution so as to provide requirements relative to setting the ad valorem tax millage rates for educational and county government purposes by the Board of Education and Board of Commissioners of DeKalb County.

HR 727. By Representative Vaughn of the 57th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a Downtown Conyers Development Authority for the purpose of carrying out the redevelopment of the downtown area of the City of Conyers and to provide for the powers, privileges, duties and im munities of said Authority and the City of Conyers in relation to said Authority.
HR 732. By Representative Vaughn of the 57th:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to create the City of Conyers Public Facilities Au thority.

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 645. By Senator McGill of the 24th:
A bill to provide a new charter for the City of Greensboro; to provide for corporate boundaries; to provide for the powers, duties and author-

2228

JOURNAL OF THE SENATE,

ity of the city and the officials, officers and employees thereof; to provide for a city council and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifica tions and prohibitions for the mayor and council.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend SB 645 by striking on Page 32, line 31, the words "and personal" in their entirety.

On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.

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

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

The bill, having received the requisite constitutional majority, was passed as amended.
SB 646. By Senator McGill of the 24th:
A bill to provide a new charter for the City of Union Point; to provide for corporate boundaries; to provide for the powers, duties and au thority of the city and the officials, officers and employees thereof; to provide for a city council and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifica tions and prohibitions for the mayor and council.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend SB 646 by striking the words "and personal" on Page 30, line 27, in their entirety.

On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.

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

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed amended.

THURSDAY, MARCH 2, 1978

2229

HB 1689. By Representatives Veazey and Patten of the 146th: A bill to establish a new charter for the City of Nashville, Georgia.

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

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

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

HB 1717. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act providing compensation for specified officers in Troup County so as to change the salary of the sheriff, tax com missioner, and judge of the probate 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 1847. By Representatives Jones of the 78th and Adams of the 79th:
A bill to amend an Act creating and establishing a Small Claims Court in Pike County so as to change the jurisdictional limit 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.

HB 1850. By Representatives Jones of the 78th and Adams of the 79th:
A bill to repeal an Act to fix the salary of the Clerk of the Board of Commissioners of Pike County.

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

2230

JOURNAL OP THE SENATE,

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

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

HB 1868. By Representative Adams of the 79th: A bill to amend an Act creating a new charter for the City of Thomaston so as to change the provisions relating to the incorporation of said city; to change the provisions relating to the rights, powers, privileges and immunities 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 1888. By Representatives Carlisle and Mostiler of the 71st:
A bill further to define, prescribe and enlarge the powers and duties of the Griffin Industrial Building Authority and further to regulate the management and conduct 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 50, nays 0.

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

HB 1893. By Representatives Mann, Milford and Clark of the 13th:
A bill to amend an Act creating a Small Claims Court for Elbert County so as to change the provisions relating to cost of service; to change the provisions relating to 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 50, nays 0.

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

THURSDAY, MARCH 2, 1978

2231

HB 1895. By Representatives Jones of the 78th and Adams of the 79th:
A bill to change the compensation of coroners in all counties of this State having a population of not less than 7,300 and not more than 7,350, according to the United States Decennial Census of 1970 or any future such census.

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

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

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

HB 1926. By Representatives Anderson, Harris and Looper of the 8th:
A bill to amend an Act placing the Clerk of the Superior Court of Pickens 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 50, nays 0.

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

HB 1927. By Representatives Anderson, Harris and Looper of the 8th:
A bill to amend an Act creating the office of Commissioner of Pickens County so as to change the compensation of the commissioner.

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

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

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

HB 1928. By Representatives Anderson, Harris and Looper of the 8th:
A bill to amend an Act placing the Sheriff of Pickens County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff.

2232

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 1929. By Representatives Anderson, Harris and Looper of the 8th: A bill to amend an Act placing the Judge of the Probate Court of Pickens 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.
The report 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 1930. By Representatives Anderson, Harris and Looper of the 8th:
A bill to amend an Act creating the office of Tax Commissioner of Pickens 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 50, nays 0.

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

HB 1931. By Representative Ross of the 76th:
A bill to amend an Act creating a Small Claims Court in Lincoln County so as to change the civil 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 50, nays 0.

THURSDAY, MARCH 2, 1978

2233

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

HB 1932. By Representative Owens of the 77th:
A bill to amend an Act providing for the election of members of the Board of Education of Columbia County so as to change the compen sation of members of the board of education; to provide for a refer endum.

The report 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 1933. By Representative Owens of the 77th:
A bill to amend an Act creating the Board of Commissioners of Colum bia County so as to provide for the recall of the Chairman and members of the Board of Commissioners of Columbia County; to provide for re call elections and petitions.

The report 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 1934. By Representatives Ramsey of the 3rd, and Williams and Foster of the 6th:
A bill to amend an Act incorporating the City of Varnell so as to deannex certain property from the corporate limits of said city; to provide for a referendum.

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

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

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

2234

JOURNAL OF THE SENATE,

HB 1936. By Representatives Jones of the 78th and Tucker of the 73rd:
A bill to amend an Act to provide that the Grand Jury selecting mem bers of the County Board of Education of Butts County shall be auth orized to select two members from certain militia districts so as to provide for the selection of the members of the school board on an atlarge basis; to provide for continuity in office; to provide for a ref erendum.

The report 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 1938. By Representatives Veazey and Patten of the 146th:
A bill to amend an Act providing and establishing a new charter for the Town of Alapaha so as to change the corporate limits of that 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 1941. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to amend an Act creating a new Board of Commissioners of Clarke County so as to change the compensation 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 50, nays 0.

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

HB 1942. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to amend an Act providing for the combination of the present

THURSDAY, MARCH 2, 1978

2235

functions of the Magistrate's Court of Clarke County, Georgia, and the Recorder's Court of the City of Athens, Georgia, into one court so as to enumerate certain fees and require a larger deposit on cost of suit.

The report 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 1943. By Representatives Snow and Hays of the 1st and Money of the 5th: A bill to amend an Act creating the office of Commissioner for Dade County so as to change the provisions relating to the compensation and expenses of the commissioner; to prohibit the sale of county property under certain conditions; to prohibit the reduction of the millage rate for county ad valorem taxation 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1944. By Representatives Snow and Hays of the 1st, Money of the 5th and others: A bill to amend an Act creating a Charter for the City of Chickamauga so as to provide for the election of a recorder and to provide for his term of office.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 50, nays 0.

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

HB 1954. By Representatives Johnson and Glanton of the 66th:
A bill to amend an Act establishing a system of public schools for the City of Carrollton so as to change the provisions relating to the election of the Board of Education for Carrollton.

2236

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 1955. By Representatives Johnson and Glanton of the 66th:
A bill to amend an Act establishing a new charter for the City of Carrollton so as to change the provisions relating to city 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 1957. By Representatives Glanton and Johnson of the 66th: A bill to provide a new Charter for the City of Mt. Zion.

The report 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 1962. By Representative Peters of the 2nd:
A bill to amend an Act creating the office of Commissioner of Catoosa County so as to change the amount paid for clerical assistance to the commissioners.

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

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

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

THURSDAY, MARCH 2, 1978

2237

HB 1963. By Representative Peters of the 2nd:
A bill to amend an Act creating the office of Tax Commissioner of Catoosa County so as to change the compensation of the tax commissioner and his clerical assistance allowance.

The report 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 1964. By Representative Peters of the 2nd:
A bill to amend an Act providing for the fiscal administration of the office of Sheriff of Catoosa County 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 1965. By Representative Peters of the 2nd:
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 so as to change the allowances for clerical help for 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 50, nays 0.

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

HB 1966. By Representatives Walker of the 115th and Culpepper of the 98th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Macon County into the office of Tax Commissioner of Macon County; to provide for the rights, duties and liabilities of said office; to provide

2238

JOURNAL OF THE SENATE,

for the election of the tax commissioner; to provide for his term of office.

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

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

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

HB 1979. By Representatives Harris, Anderson and Looper of the 8th:
A bill to amend an Act placing the coroner of Bartow County upon an annual salary so as to change the compensation of the coroner; to authorize the payment of certain expenses by the county; to authorize the appointment of a deputy 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 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1833. By Representative Ham of the 80th: A bill to amend an Act creating a new charter for the City of Forsyth so as to provide for publication of notice to adopt ordinances.
The report 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 1834. 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 authorize the grand jury to arbi trate and decide certain disputes.

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

THURSDAY, MARCH 2, 1978

2239

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

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

HB 1987. By Representatives Cooper, Kaley and Wilson of the 19th:
A bill to amend an Act amending, revising, consolidating and super seding the several Acts incorporating the town of Austell and reincorporating said town as a city so as to change the compensation 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 1991. By Representative Bray of the 70th:
A bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compensation so as to change the compensation of the sheriff; to change the compensa tion of the deputies 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 1992. By Representatives Murray of the 116th and Castleberry of the lllth:
A bill to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court and the Clerk of the State Court of Sumter County and providing in lieu thereof an annual salary so as to change the compensation of the deputy clerks.

The report 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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JOURNAL OF THE SENATE,

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

HB 199&. By Representatives Murray of the 116th and Castleberry of the lllth:
A bill to amend an Act placing the Sheriff of Sumter County on a salary basis in lieu of a fee basis so as to change the annual 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 1994. By Representatives Murray of the 116th and Castleberry of the lllth:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Sumter County into the one office of Tax Commissioner so as to clarify the provisions of the law to authorize the tax commis sioner to receive the same commissions which were the usual and cus tomary commissions received by the tax commissioner prior to January, 1977.

The report 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 1999. By Representatives Clark, Milford and Mann of the 13th:
A bill to amend an Act granting a new charter to the City of Lavonia so as to provide for post positions; to provide for the election of the members of the council by a citywide vote; to change the compensation of the mayor and council; to correct the date of the election.

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

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

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

THURSDAY, MARCH 2, 1978

2241

HB 2004. By Representatives Long of the 142nd and Cox of the 141st: A bill to create and establish a Small Claims Court of Grady 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 2006. By Representatives Knight of the 67th and Ware of the 68th:
A bill to provide a new charter for the Town of Sharpsburg in the County of Coweta.

The report 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 2008. By Representatives Colwell and Twiggs of the 4th: A bill to incorporate the City of Sky Valley in the County of Rabun.

The report 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 2013. By Representative Edwards of the 110th:
A bill to amend an Act placing the Sheriff of Taylor County on a salary in lieu of the fee system of compensation so as to change the provisions relative to the compensation of the Sheriff.

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

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

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JOURNAL OP THE SENATE,

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

HB 2017. By Representatives Snow and Hays of the 1st, Foster of the 6th and others:
A bill to amend an Act known as the "Walker County Development Authority Act" so as to change the definition of "undertaking", "proj ect", "undertaking or project" and "undertaking and project"; and to provide for the Walker County Development Authority to have all powers enumerated tinder the "Development Authorities Law".

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 2019. By Representative Murphy of the 18th: A bill to amend an Act creating a new charter for the City of Tallapoosa so as to provide for certain gas, water and sanitation funds; to change certain accounting and budgetary procedures; to change the fiscal year of said City; to regulate sales to the City by officers and employees of the City.

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

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

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

HB 1978. By Representatives Daniel of the 88th, Dent of the 85th, Beckham of the 89th and Truluck of the 86th:
A bill to amend an Act creating the office of Tax Commissioner of Richmond County so as to change the provisions relative to the fees and compensation for the collection for taxes levied for school purposes in Richmond County.

Senators Allgood of the 22nd and Lester of the 23rd offered the following substitute to HB 1978:
A BILL
To be entitled an Act to amend an Act creating the office of Tax Commissioner of Richmond County, approved February 13, 1956 (Ga.

THURSDAY, MARCH 2, 1978

2248

Laws 1956, p. 2362), so as to change the provisions relative to the fees and compensation for the collection for taxes levied for school purposes in Richmond County; to provide for the deduction of commissions and expenses from county school ad valorem taxes collected by the tax
commissioner and the payment of such commissions and expenses into the general funds of the county; to provide for definitions; to provide for calculation of expenses; 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 creating the office of Tax Commissioner of Rich mond County, approved February 13, 1956 (Ga. Laws 1956, p. 2362), is hereby amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows:

"Section 9. (a) The Tax Commissioner of Richmond County shall collect all county school ad valorem taxes and, after deduct ing commissions as provided hereafter, he shall pay over to the county board of education, once each month, all county school ad valorem taxes collected by him. Such commissions shall be the lesser of 2%% of all county school ad valorem taxes collected by the tax commissioner or the expenses incurred by Richmond County for the collection of county school ad valorem taxes.

(b) As used in this Section, 'expenses' means all expenses in curred by Richmond County for the operation of the deliiufuent tax office, the tag office, the board of tax assessors, the property tax office, and the office of the county tax commissioner related to the collection of county school ad valorem taxes.

(c) Such commissions shall be collected by the Tax Commis sioner of Richmond County and paid by said tax commissioner and paid over to the proper fiscal authority for Richmond County as reimbursement for expenses incurred by the county for collecting county school ad valorem taxes." -

Section 2. This Act shall become effective January 1, 1979.

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 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, the yeas were 50, nays 0.

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JOURNAL OP THE SENATE,

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

HR 652. By Representatives Daniel of the 88th, Connell of the 87th, Dent of the 85th and Swarm of the 90th:
A resolution relative to developing recommendations for the merger of specified services currently provided by Richmond County and the City of Augusta, Georgia.

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

On the adoption of the resolution, the yeas were 50, nays 0.

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

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

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

English
Evans Fincher Foster Gillis Hill Holloway Howard Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Reynolds
Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Tysinger Walker Wessels

Those not answering were Senators:

Doss Greene Hudgins

Hudson Pearce Tate

Timmons Traylor Turner

Senator Allgood of the 22nd introduced the chaplain of the day, Reverend C. S. Hamilton, pastor of Tabernacle Baptist Church, Augusta, Georgia, who offered prayer.
The following resolutions of the Senate were read and adopted:

THURSDAY, MARCH 2, 1978

2246

SR 381. By Senators Foster of the 50th, Overby of the 49th and Reynolds of the 48th:
A resolution commending Tom and Lee Arrendale and Joe Hatfield.

SR 382. By Senators Kennedy of the 4th, Brown of the 47th, Gillis of the 20th and others:
A resolution commending Mr. Robert D. Winrich, General Manager of the Stadium Hotel, and his staff.

The following resolution of the Senate, favorably reported by the committee, was read and put upon its adoption:

SR 358. By Senator's Foster of the 50th, Evans of the 37th, Tysinger of the 41st and others:
A resolution directing the Governor to proclaim the month of May, 1978, as "Solar Month", and to proclaim May 3, 1978, as "Sun Day"; to call for the observance of said month and day; to direct certain cooperation and participation.

Senator Foster of the 50th offered the following amendment:

Amend SR 358 as follows: By striking from line 1 of Page 1 the following: "Directing",
and inserting in lieu thereof the following: "Urging".
By striking from line 4 of Page 1 the following: "direct",
and inserting in lieu thereof the following:

By striking from line 5 of Page 2 the following: "authorized and directed",
and inserting in lieu thereof the following: "urged".

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JOURNAL OF THE SENATE,

By striking from lines 9 and 10 of Page 2 the following:

"and to direct",

and inserting in lieu thereof the following:

"and urged to direct".

The resolution was adopted as amended.

SENATE RULES CALENDAR
Thursday, March 2, 1978
HB 330. Sheriffs' Retirement Fund--death benefits HB 997. Structural Pest Control Act--licenses issued pursuant valid in
State (AM) HB 1230. Employees' Retirement--service necessary for retirement HB 1231. Eye Banks--conditions for removing cornea for transplant HB 1233. Public School Health Insurance--include librarians HB 1332. Income Tax--deceased taxpayers, installment contracts HB 1368. Transactions in Objects for Use with Narcotic Drugs--
prohibit (SUB) HB 1381. Income Tax Penalty--provisions for refunds HB 1386. Uninsured Motorist Coverage--maximum amounts (SUB) HB 1431. Public Documents--State departments send to State Librarian
list HB 1443. Substitute Teachers--requirements HB 1445. Pharmacy Interns--change requirements HB 1447. State Commission on Physical Fitness--create HB 1469. Sheriffs' Retirement Fund Board of Commissioners--
compensation HB 1470. Sheriffs' Retirement--increase certain members HB 1499. Sales Tax--machinery used in tilling soil, animal husbandry
HB 1506. Mortgage Foreclosures--giving of oaths in certain cases
HB 1518. Employees' Retirement System--credit for out-of-state service
HB 1530. Commission of Indian Affairs--change Act creating (SUB)
HB 1563. Juvenile Court Code--change provisions on concurrent jurisdiction of superior court

THURSDAY, MARCH 2, 1978

2247

HB 1567. Life Insurance Policy--insurer pay interest on proceeds HB 1593. Ad Valorem Tax Liens--property coverage HB 1636. Physician's Assistants--exempt certain ones from certain
examination requirements (AM) HB 1639. Retail Liquor License--certain persons, firms ineligible HB 1649. Coin-Operated Games or Devices--additional exceptions HB 1656. City, County Indemnity Insurance--payment of certain claims HB 1708. Revenue Department Law Enforcement Officer--assist local
authorities in criminal cases HB 1728. Motor Vehicle Accidents--change provisions on immediate reports HB 1752. Franchise Practices Commission--termination date HB 1774. Law Enforcement Agency Records on Juvenile Offender--
Human Resources inspect HB 1797. Health Code--fnsure adequate health care services
HB 1836. Motor Vehicle Accident Reparations Act--change abrogation provisions
HB 1839. Development Authorities Law--mechanism for community to stimulate economic growth
HB 1845. Brunswick Judicial Circuit--terms of Superior Courts
HB 1846. Board of Community Affairs--payment of expenses of members
HB 1953. Nonprofit Corporations Previously Contracting with State-- exempt report requirement (AM)
HB 1967. Water Quality Control Project Loans Under Federal Actapproval (AM)
HR 81. Boats--time of returns and collection of ad valorem tax
HR 480. Select Committee on Constitution Revision--study committees
HR 506. "Golden Isles Highway"--designate certain highways
HR 586. Proposed Amendment to Constitution--publish summary (AM)
HR 638. Retired School Teachers--provide health insurance plan
HR 665. Pelham--lease of certain real property
HR 724. General Assembly Appropriations Act--continue until another adopted

Respectfully submitted,
/s/ Frank Eldridge Jr. Eldridge of the 7th, Chairman Senate Rules Committee

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JOURNAL OF THE SENATE,

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

HB 330. 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 death benefits upon the death of an active member sheriff who is otherwise eligible to receive retirement benefits except for his not having ter minated his official capacity and service as sheriff.
Senate Sponsor: Senator Stephens of the 36th.

The following fiscal notes, as required by law, were read by the Secretary:
February 1, 1978
Honorable Tom Buck, Chairman House Retirement Committee State Capitol Atlanta, Georgia 30334
Re: H. B. # 330
Dear Mr. Buck:
Last year you introduced H. B. 330 and were later asked to delay any action on it until the Actuarial Evaluation could be completed. That Evaluation was completed and a copy was furnished to you.
This particular Bill was also evaluated by the Actuary. Attached to this letter is a copy of his Evaluation Report. He states that the cost of the benefit as proposed would be minimal and completely affordable without any additional funding.
This proposal will encourage a member to continue working after he reaches retirement age knowing that a widow's benefit can be provided without his employment termination.
We believe this is a very desirable benefit.
Sincerely, /s/ Flynt Langford
Secretary-Treasurer Sheriffs' Retirement Fund of Georgia

THURSDAY, MARCH 2, 1978

2249

September 22, 1977
Mr. Flynt Langford Secretary-Treasurer Georgia Sheriff's Retirement Fund Post Office Box 56 Griffin, Georgia 30223
Dear Mr. Langford:
RE: PROPOSED 1978 LEGISLATIVE CHANGES TO THE GEORGIA SHERIFF'S ASSOCIATION RETIREMENT FUND
We have reviewed the legislative proposal which you sent us, and we have the following comments.
H.B. #330: Proposal to provide a death benefit for spouses of parti cipants who have met the normal retirement requirements but who have not yet retired.

1) There seems to be no problem with the Georgia Sheriff's Re tirement Fund being able to afford this provision. Under the actuarial method we use to determine costs there would not .be a separate identifiable cost for this benefit, however the death of a participant in this situation would not provide the retire ment plan with an actuarial gain for that liability and in that respect the actuarial liability could be larger. Such a cost would be minimal.

2) The Georgia Sheriff's Retirement Fund could offer a benefit of the same form (i.e., the equivalent 100% Joint and Survivor benefit accrued to the participant at date of death) to those not yet eligible for retirement at a 3% to 5% increase in the current cost of the plan. Offering the benefit to only those age 45 and older, for example, would slightly lower that cost. In either case, it also is an affordable benefit.

Please feel free to contact one of us if you have any questions about the points covered in this letter.

Sincerely,
/s/ Edward W. Maroni Isl Elizabeth J. Scattergood

The report of the committee, which was favorable to the 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:

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

English
Fincher Foster
Gillis
Greene Hill Holloway Howard
Johnson Kennedy Kidd
Langford Lester McGill Overby

Paulk
Reynolds Riley
Robinson
Russell Scott Shapard Stephens
Stumbaugh Summers Thompson
Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood Brown of 47th Evans Hudgins

Hudson Pearce Starr Button

Tate Timmons Traylor

On the passage of the bill, the yeas were 45, nays 0.

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

HB 997. By Representative Burruss of the 21st:
A bill to amend an Act known as the "Structural Pest Control Act", as amended, so as to provide that licenses issued pursuant to said Act shall be valid throughout the State with certain exceptions; to provide an effective date. Senate Sponsor: Senator Hill of the 29th.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 997 by deleting at the end of the last sentence, on line 27, the period;
and
By inserting in lieu thereof a semicolon, and the following lan guage:
"provided, further, that any municipality or county which levies a general occupation or business license tax which is based on gross

THURSDAY, MARCH 2, 1978

2251

receipts, shall have the power to levy and collect an occupational, license, or professional tax upon any licensee under this Act trans acting business within the boundaries of the taxing jurisdiction, which tax shall be based upon gross revenues derived from trans actions with respect to property located within the boundaries of the taxing jurisdictions."

On the adoption of the amendment, the yeas were 30, nays 0, and the amend ment was adopted.

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

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 Fincher Foster Gillis Greene Hill Howard Johnson Kennedy Kidd Langford Lester McGill Overby

Those not voting were Senators:

Ballard Broun of 46>th (excused conferee) Duncan Evans Holloway (excused conferee)

Hudgins Hudson Pearce Riley (excused conferee)

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

On the passage of the bill, the yeas were 42, nays 0.

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

Senator Summers of the 53rd moved that the following bill of the House be postponed until 2:00 o'clock P.M.:

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JOURNAL OP THE SENATE,

HB 1230. By Representatives Baugh of the 108th, Parham of the 109th and Clark of the 13th:
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 and the calculation of service retirement benefits.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 1230 was postponed until 2:00 o'clock P.M.

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

HB 1231. By Representatives Savage of the 25th, Rowland of the 119th, Baugh of the 108th, and Toles of the 16th:
A bill to amend Code Chapter 88-20, relating to eye banks, as amended, so as to permit medical examiners to remove the cornea of a decedent for purposes of corneal transplant under certain conditions; to relieve medical examiners and eye banks of liability for failure to obtain consent of next of kin. Senate Sponsor: Senator Howard of the 42nd.
The report of the committe, which was favorable to the passage of the bill, was agreed to.

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 Foster Gillis Greene Hill Howard Hudson Johnson Kennedy Kidd Langford Lester McGill

Overby Paulk Reynolds Russell Scott Shapard Starr Stumbaugh Summers Sutton Thompson Turner Tysinger Walker Wessels

THURSDAY, MARCH 2, 1978

2253

Those not voting were Senators:

Bond Holloway (excused conferee) Hudgins

Pearce Riley (excused conferee) Robinson

Stephens Tate Timmons Traylor

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

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

HB 1233. By Representatives Toles of the 16th, Oldham of the 14th and Childers of the 15th:
A bill to amend an Act authorizing the State Personnel Board to pro vide a health insurance plan for public school employees, as amended, so as to change certain definitions to include librarians and other em ployees of regional and county libraries for eligibility under said health insurance plan.
Senate Sponsor: Senator Carter of the 14th.

Senator Stumbaugh of the 55th offered the following amendment:
Amend HB 1233 as follows:
By adding in the title immediately preceding the words "to provide for" on line 8 of Page 1 the following:
"to provide that local employers maintaining their own health insurance programs shall receive certain reimbursements from the State Personnel Board under certain conditions;".
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. Said Act is further amended by adding at the end of Section 13 a new subsection (c) to read as follows:
'(c) Any local employer which elects not to have its employees covered under the health insurance program established pursuant to this Act and which now maintains or hereafter establishes a health insurance program for its employees shall be reimbursed by the board in an amount equal to the average cost to the State for each State-allotted teacher who is enrolled in the plan times the number of State-allotted teachers employed by local health insurance programs; provided, however, that the local employer has provided assurances to the State that the benefits of the local health insurance program are similar to or greater than the State Plan and that the local employees will be charged no more for partici pating in the local plan than they would be charged for participating in the State Plan, except in those instances in which employees elect

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JOURNAL OF THE SENATE,

to be charged extra for additional benefits; and provided, however, that all State funds allotted to the local employer for this purpose shall be used to provide employee health program benefits and for no other purpose. The funds necessary to carry out the require ments of this subsection shall come from funds appropriated to the State Personnel Board specifically for that purpose.' "

On the adoption of the amendment, the yeas were 10, nays 25, and the amend ment was lost.

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

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

Those voting in the affirmative were Senators:

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

Pincher 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 Thompson Timmons Turner Tysinger Wessels

Those not voting were Senators:

Bond Evans Hudgins

Riley (excused conferee) Tate

Traylor Walker

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

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

HB 1332. By Representatives Logan of the 62nd and Hatcher of the 131st:
A bill to amend Code Section 92-3118, relating to income tax accounting periods and accounting methods, so as to remove a certain provision

THURSDAY, MARCH 2, 1978

2255

respecting income of deceased taxpayers arising from installment con tracts ; to provide an effective date.
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
Coverdell
Dean of 6th
Dean of 31st
Doss
Eldridge

English Foster Gillis Greene Hill Holloway
Hudgins
Hudson
Johnson
Kennedy
Eidd
Langford
Lester
McGill
Overby

Paulk Pearce Reynolds Riley Russell Scott
Stephens
Stumbaugh
Summers
Sutton
Thompson
Turner
Tysinger
Wessels

Those not voting were Senators:

Bond Duncan Evans Fincher Howard

Robinson Shapard (excused conferee) Starr

Tate Timmons Traylor Walker

On the passage of the bill, the yeas were 44, 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 House action thereto:

HB 1543. By Representatives Rainey of the 135th and Peters of the 2nd:
A bill to amend an Act enacting the Game and Fish Code so as to provide for changes in certain definitions; to provide authority for rules and regulations relating to times, places, numbers, species and sizes.

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JOURNAL OP THE SENATE,

Senator Gillis of the 20th moved that the Senate adhere to the Senate sub stitute to HB 1543 and that a Conference Committee be appointed.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to H8 1543.
The President appointed as a Conference Committee the following:

Senators Gillis of the 20th, Walker of the 19th and Turner of the 8th.

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 2069. By Representatives Tuten of the 153rd and Auten of the 154th:
A bill to amend an Act amending the charter of the City of Brunswick so as to change the residency requirements of the recorder of the police court.

HB 2070. By Representative Kemp of the 139th:
A bill to create commissioner districts in certain counties of this State for the election of county commissioners.

HB 2071. By Representatives Taggart of the 125th, Scott of the 123rd, Jones of the 126th and others:
A bill to abolish the office of Associate Judge of the Municipal Court of Savannah; to abolish the Municipal Court of Savannah; to abolish the office of Senior Judge of the Municipal Court of Savannah; to trans fer certain processes, cases, suits, books, papers, records, materials, indexes, property and personnel of the Municipal Court of Savannah to the State Court of Chatham County.

HB 2072. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act creating a new charter for the City of Young Harris so as to change the date of elections in said City.

HR 800. By Representatives Butler, Tolbert and Johnston of the 56th, and others:
A resolution proposing an amendment to the Constitution so as to pro vide that residents of DeKalb County shall be granted an additional homestead exemption from all ad valorem taxation by that county.

THURSDAY, MARCH 2, 1978

2257

SB 627. By Senator Walker of the 19th:
A bill to authorize and direct the Election Superintendent of Telfair County to hold an election for the purpose of submitting to the voters of Telfair County certain options relative to the election or appointment of the board of education and the election or appointment of the county school superintendent.

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

SB 567. By Senators Wessels of the 2nd and Riley of the 1st:
A bill to amend an Act incorporating the City of Savannah Beach, Tybee Island, as amended, so as to change the name of said city to the City of Tybee; to provide for other matters relative thereto.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:
SB 484. By Senators Johnson of the 34th, Doss of the 52nd, McGill of the 24th and others: A bill to amend Code Section 26-1704, relating to bad checks, as amended, so as to more clearly define the term "present consideration."
The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:
HB 1368. By Representatives Robinson of the 58th, Evans of the 84th, Harrison of the 20th and others: A bill to amend Code Chapter 79A-8, the Georgia Controlled Substances Act, so as to prohibit certain transactions in objects intended primarily for use with narcotic drugs or marijuana; to provide under what cir cumstances objects may be deemed to be intended primarily for such use; to provide penalties; to provide an effective date. Senate Sponsor: Senator Stumbaugh of the 55th.

The Senate Committee on Judiciary offered the following substitute to HB 1368:
A BILL
To be entitled an Act to amend Code Chapter 79A-8, the Georgia Controlled Substances Act, so as to prohibit certain transactions in objects intended primarily for use with narcotic drugs or marijuana; to provide for definitions; to provide penalties; to provide for sever ability;

2258

JOURNAL OP THE SENATE,

to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Chapter 79A-8, the Georgia Controlled Substances Act, is hereby amended by inserting between Code Sections 79A-811
and 79A-812 a new Code Section, to read as follows:

"79A-811.1. Transactions in drug-related objects prohibited.

(a) 'Drug-related object' means any instrument, device or ob ject which is primarily intended for one or more of the following purposes:
(1) To inject, ingest, inhale or otherwise introduce into the human body marijuana or a controlled substance;
(2) To enhance the effect on the human body of marijuana or a controlled substance;
(3) To test the strength, effectiveness, or purity of marijuana or a controlled substance.

(b) It shall be unlawful for any person ('transferor') to sell, offer to sell, exchange, or offer to exchange any drug-related object to any person but one whom the transferor knows to be authorized by law to possess or have under his control marijuana or a con trolled substance for which the object is primarily intended to be used.
(c) Any person who shall violate any provision of this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor."

Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections,
subsections, sentences, clauses, or phrases of this Act, which shall remain
of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known
that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

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.

THURSDAY, MARCH 2, 1978

2259

On the adoption of the substitute, the yeas were 33, nays 2, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill 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 Brantley
Broun of 46th
Brown of 47th Carter
Coverdell Dean of 31st
Doss Eldridge
English
Evans Fincher

Poster 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
Turner
Tysinger
Walker
Wessels

Voting in the negative was Senator Bond.

Those not voting were Senators:

Bell Dean of 6th Duncan

Hudgins Robinson Starr

Tate Timmons Traylor

On the passage of the bill, the yeas were 46, nays 1.

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

HB 1381. By Representative Phillips of the 59th:
A bill to amend Code Section 92-3007, relating to compromise of income tax penalty cases, so as to permit the Commissioner to make refunds under certain circumstances of penalties previously paid; to provide an effective date. Senate Sponsor: Senator Banks of the 17th.

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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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bond
Brantiey
Brown of 47th
Carter
Coverdell
Dean of 6th
Doss
Eldridge
English

Evans Fincher Foster Gillis Greene Hill
Howard
Johnson
Kennedy
Kidd
Langford
Lester
McGill
Overby

Paulk Pearce Scott Shapard Starr Stephens
Stumbaugh
Summers
Button
Thompson
Turner
Tysinger
Walker
Wessels

Those not voting were Senators:

Bell Broun of 46th (excused conferee) Dean of 31st (excused conferee) Duncan

Holloway (excused conferee) Hudgins Hudson Reynolds Riley (excused conferee)

Robinson Russell Tate Timmons Traylor

On the passage of the bill, the yeas were 42, nays 0.

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

The following bills of the Senate were taken up for the purpose of considering the House action thereto:

SB 440. By Senators Stumbaugh of the 55th, Barnes of the 33rd and Thompson of the 33rd:
A bill to amend Code Chapter 26-99, relating to miscellaneous criminal provisions, as amended, so as to provide for certain restricted drugrelated printed material and to prohibit the sale, delivery, distribution, display for sale or the provision of such restricted drug-related printed material to a minor and to prohibit the possession of such restricted drug-related printed material for aforesaid purposes.

THURSDAY, MARCH 2, 1978

2261

The House amendment was as follows:

Amend SB 440 by striking the period following the word "amended" where the same appears in line 1 on Page 2 and inserting in lieu there of the following:

", and, for the purposes of this Section, the term 'controlled substance' shall include marijuana as defined by subsection (o) of
Code Section 79A-802 of said Code Chapter 79A-8."

Senator Stumbaugh of the 55th moved that the Senate agree to the House amendment to SB 440.

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

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Brantley Brown of 47th
Carer Coverdell Dean of 6th
Doss Eldridge English Evans

Fincher Foster Gillis Greene Hill Howard Hudson Kennedy Kidd Langford Lester McGill Overby

Paulk Reynolds Russell Scott Shapard Stephens Stumbaugh
Summers Sutton Thompson Turner Walker Wessels

Voting in the negative was Senator Bond.

Those not voting were Senators:

Bell Broun of 46th (excused conferee) Dean of 31st (excused conferee) Duncan

Holloway (excused conferee) Hudgins Johnson Pearce Riley (excused conferee)

Robinson Starr Tate Timmons Traylor Tysinger

On the motion, the yeas were 40, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 440.

SB 382. By Senator Stumbaugh of the 55th: A bill to amend an Act authorizing boards of education to purchase

2262

JOURNAL OF THE SENATE,

liability insurance or contracts of indemnity insuring or indemnifying certain persons against liability for damage in specified instances, as amended, so as to add a new Section thereto authorizing the State Board of Education, local boards of education and boards of control of cooper ative educational service agencies, to pay that part of damages, attor ney's fees and other recovery recovered against board members, super intendents, teachers, principals and other administrators and employees, in certain instances, not covered by a policy of liability insurance.

The House amendment was as follows:
Amend SB 382 by striking the last word, "that", on line 10 through the first word, "insurance", on line 15, and insert the following language:
"the amount of deductible identified in the liability policy/ policies for board members, superintendents, teachers, principals, and other administrators and employees,",
and
by striking on line 57 the remainder of paragraph after the word "pay ment" and insert the wording:
"For the amount of the deductible identified in the liability policy/policies".

Senator Stumbaugh of the 55th moved that the Senate agree to the House amendment to SB 382.

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

Senator Stumbaugh of the 55th moved that the Senate agree to the House amendment to SB 382.

On the motion, 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 Brown of 47th Carter Dean of 6th

Doss Eldridge English Evans Fincher Foster Gillis Greene Hill Howard

Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Pearce Reynolds Robinson Russell Scott

THURSDAY, MARCH 2, 1978

2263

Shapard Starr Stephens Stumbaugh Summers

Sutton Thompson Turner Tysinger Walker

Those not voting were Senators:

Banks Broun of 46th (excused conferee) Coverdell Dean of 31st (excused conferee)

Duncan Holloway (excused conferee) Riley (excused conferee)

Tate Timmons Traylor Wessels

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 382.

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

HB 1386. By Representatives Kemp of the 139th, Davis of the 99th, Johnston and Tolbert of the 56th and others:
A bill to amend Code Section 56-407.1, relating to uninsured motorist coverage, so as to change the maximum amounts of such coverage which may be obtained from an insurer; to provide for editorial revision. Senate Sponsor: Senator Wessels of the 2nd.

The Senate Committee on Banking, Finance and Insurance offered the fol lowing substitute to HB 1386:
A BILL
To be entitled an Act to amend Code Section 56-407A, relating to uninsured motorist coverage, as amended, so as to change the maximum amounts of such coverage which may be obtained from an insurer; to change certain procedures; to provide for editorial revision; to provide for the proration of coverage under certain conditions; to provide for other matters relative to the foregoing; to provide for application; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 56-407A, relating to uninsured motorist coverage, as amended, is hereby amended by striking subsections (a) and (i) of said Code Section in their entirety and substituting in lieu thereof new subsections (a) and (i) to read as follows:

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JOURNAL OF THE SENATE,

"(a). (1) No automobile liability policy or motor vehicle li
ability policy shall be issued or delivered in this State to the owner of such vehicle, or shall be issued or delivered by any insurer licensed in this State, upon any motor vehicle then principally garaged or principally used in this State, unless it contains an endorsement or provisions undertaking to pay the insured all sums which he shall be legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within limits exclusive of interests and costs which at the option of the insured, shall be:

(A) Not less than $10,000 because of bodily injury to or death
of one person in any one accident, and, subject to such limit for one person $20,000 because of bodily injury to or death of two or more persons in any one accident, and $5,000 because of injury to or destruction of property of the insured.

(B) Not greater than the limits of liability because of bodily injury to or death of one person in any one accident and of two or more persons in any one accident, and because of injury to or de
struction of property of the insured which are contained in the insured's personal coverage in the automobile liability policy or motor vehicle liability policy issued by the insurer to the insured.

(2) The coverage for injury to or destruction of property of the insured as provided in paragraph (1) may provide an exclusion of not more than the first $250 of such loss or damage to any insured in any one accident.

(3) The coverage required under paragraph (1) shall not be applicable where any insured named in the policy shall reject the minimum coverage in writing. However, the insurer shall not be required to issue any coverage for any amount greater than the minimum coverage unless the insured shall request in writing such higher limits. Such coverage need not be provided in or supplemental to a renewal policy where the named insured had rejected the cov erage in connection with a policy previously issued to him by the
same insurer.
(4) The application for discharge in bankruptcy by an un insured motorist as defined in this law or the appointment of a trustee in bankruptcy for an uninsured motorist as defined in this law or the discharge in bankruptcy of an uninsured motorist as defined in this law shall not affect the legal liability of an uninsured motorist as such term 'legal liability' is used in this law, and such application for voluntary or involuntary bankruptcy, the appoint ment of a trustee in bankruptcy, or the discharge in bankruptcy of such an uninsured motorist shall not be pleaded by the insurance carrier providing uninsured motorist protection in bar of any claim of an insured person as defined in this law so as to defeat payment for damages sustained by any insured person by the insurance company providing uninsured motorist protection and coverage under the terms of this Act as now or hereafter amended; but, such insurance company or companies shall have the right to defend any such action in its own name or in the name of the uninsured motorist and shall make payment of any judgment up to the limits of the

THURSDAY, MARCH 2, 1978

2265

applicable uhinsured motorist insurance protection afforded by its policy. In such cases the uninsured motorist, upon being dis
charged in bankruptcy, may plead such discharge in bankruptcy against any subrogation claim of any such uninsured motorist car
rier making payment of a claim or judgment in favor of an un insured person, and such uninsured motorist may plead his dis charge in bankruptcy in bar of all amounts of an insured person's claim in excess of uninsured motorist protection available to such insured person.

(i) The endorsement or provisions of such policy providing the coverage required by this Section may contain provisions that if the insured has insurance available to him under more than one uninsured motorist covered provision, any damages shall not be deemed to exceed the higher of the applicable limits of the respec tive coverages, and such damages shall be prorated between the applicable coverages as the limits of each coverage bear to the total of such limits. The endorsement or provisions of such policy may further contain provisions which exclude any liability of the insurer for injury or destruction of property of the insured for which he has been compensated by other property or physical damage
insurance."

Section 2. The provisions of this Act shall apply with respect to motor vehicle liability insurance policies issued or delivered in this State on or after January 1, 1979.

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 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 Barker Barnes Bell Bond Brantley
Brown of 47th Carter Coverdell Doss

Eldridge English Evans Fincher Foster Gillis Greene
Hill Howard Hudgins Hudson

Johnson Kennedy Kidd Langford Lester McGill Overby
Paulk Pearce Reynolds Russell

2266
Scott Shapard Starr Stephens

JOURNAL OF THE SENATE,

Stumbaugh
Sutton Thompson

Turner
Tysinger Walker

Those not voting were Senators:

Banks Broun of 46th (excused conferee) Dean of 6th Dean of 31st (excused conferee)

Duncan Holloway (excused conferee) Riley (excused conferee) Robinson

Summers Tate Timmons Traylor Wessels

On the passage of the bill, the yeas were 43, nays 0.

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

HB 1431. By Representative Richardson of the 52nd:
A bill to amend Code Section 101-202, relating to the distribution of public documents by the State Librarian to public libraries and to public institutions of learning maintaining libraries in Georgia, so as to provide for the submission on or before December 1 of each year by each depart ment and institution within the executive branch of State government of a report to the State Librarian containing a list by title of all public documents published or issued by such department or institution during the preceding State of Georgia fiscal year and a statement noting the frequency of publication of each public document.
Senate Sponsor: Senator Scott of the 43rd.

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

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 Fincher Foster Gillis Greene Hill Howard Hudgins Hudson

Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Robinson

Russell Scott Shapard Stair Stephens

THURSDAY, MARCH 2, 1978

2267

Stumbaugh
Summers Sutton Thompson Timmons

Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th (excused conferee) Coverdell
Dean of 31st (excused conferee)

Duncan Evans Holloway (excused conferee)

Riley (excused conferee) Tate Traylor

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

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

Senator McGill of the 24th moved that the following local bill of the Senate be immediately transmitted to the House:

SB 645. By Senator McGill of the 24th:
A bill to provide a new charter for the City of Greensboro; to provide for corporate boundaries; to provide for the powers, duties and authority of the city and the officials, officers and employees thereof; to provide for a city council and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications and prohibitions for the mayor and council.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 645 was immediately transmitted to the House.

Senator McGill of the 24th moved that the following local bill of the Senate be immediately transmitted to the House:

SB 646. By Senator McGill of the 24th:
A bill to provide a new charter for the City of Union Point; to provide for corporate boundaries; to provide for the powers, duties and authority of the city and the officials, officers and employees thereof; to provide for a city council and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications and prohibitions for the mayor and council.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 646 was immediately transmitted to the House.

2268

JOURNAL OF THE SENATE,

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

HB 1443. By Representatives Davis of the 99th, Cason of the 96th, Ralston of the 7th and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to provide for requirements for substitute teachers in the event certain teachers are unable to attend school. 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 Banks Barker Barnes Bell Bond Brantley Brown of 47th
Carter Coverdell Dean of 6th
Doss Eldridge English Evans

Fincher Foster Greene Hill Howard Hudson Kennedy Kidd Langford
Lester McGill Overby Paulk
Pearce

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

Those not voting were Senators:

Ballard Broun of 46th (excused conferee) Dean of 31st (excused conferee) Duncan

Gillis Holloway (excused conferee) Hudgins Johnson Reynolds

Riley (excused conferee) Tate Thompson Traylor

On the passage of the bill, the yeas were 43, nays 0.

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

HB 1445. By Representative Parham of the 109th: A bill to amend Code Title 79A, relating to pharmacists, pharmacy,

THURSDAY, MARCH 2, 1978

226$

drugs and narcotics, so as to change the requirements for pharmacy interns; to change the grounds upon which licenses of pharmacists and pharmacies may be revoked or suspended; to change certain require ments relating to pharmacies located in general merchandising estab lishments.
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 Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge English Evans

Fincher Foster Gillis Greene Hill Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Pearce Reynolds Robinson Russell Scott Shapard Stephens Stumbaugh Summers Sutton Timmons Turner Tysinger Walker
Wessels

Those not voting were Senators:

Broun of 46th (excused conferee) Dean of 31st (excused conferee) Duncan

Holloway (excused conferee) Hudgins Riley (excused conferee)

Starr Tate Thompson Traylor

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

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

HB 1447. By Representatives Savage of the 25th, Lambert of the 112th, Parham of the 109th and others:
A bill to create a State Commission on Physical Fitness; to define certain terms; to provide for composition of the Commission and the filling of vacancies; to provide for organization; to provide purpose; to specify powers and duties; to provide for meetings; to specify a quorum; to authorize the acceptance of gifts and grants.
Senate Sponsor: Senator Howard of the 42nd.

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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 Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English

Fincher Foster Gillis
Greene Hill
Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers
Sutton Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Broun of 46th
(excused conferee) Evans

Holloway (excused conferee) Hudgins

Riley (excused conferee) Tate Thompson Traylor

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

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

Senator Duncan of the 30th moved that the Senate discharge the First Con ference Committee on the following bill of the Senate, and that a Second Con ference Committee be appointed:

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 rela tive to the operation and management of the George L. Smith II Georgia World Congress Center.

THURSDAY, MARCH 2, 1978

2271

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate discharged the First Conference Committee on SB 236.

The President appointed as a Second Conference Committee the following:

Senators Duncan of the 30th, Hudson of the 35th and Dean of the 31st.

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

HB 1469. By Representatives Buck of the 95th, Coleman of the 118th, Murphy of the 18th and others:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Geor gia so as to remove the limitation from the compensation to be paid the Secretary-Treasurer of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia; to provide an effective date.
Senate Sponsor: Senator Stephens of the 36th.

The following fiscal note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334
February 27, 1978

MEMORANDUM

TO:

The Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark Stevens, Director, Office of Planning and Budget

SUBJECT: Fiscal Note--House Bill 1469 (Committee Substitute) Sheriffs' Retirement Fund

This Bill, as amended, would increase the annual compensation the
Sheriffs' Retirement Fund can pay a secretary-treasurer from $5000 to $7500. One individual currently serves as secretary-treasurer for both
the Sheriffs' Fund and the Peace Officers' Annuity and Benefit Fund. By agreement between the two Funds, the Sheriffs' Fund pays 25 percent of his salary and the Peace Officers' Fund pays 75 percent. Although the law governing the Peace Officers' Fund places no limitation on the secretary-treasurer's salary, the current $5000 limitation set by the Sheriffs' Retirement Act limits his maximum compensation to $20,000 per year (based on the current 75%-25% agreement). In fiscal year 1977 the current secretary-treasurer received $19,325 from the two
Funds, $4,931 of which was paid by the Sheriff's Fund.

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JOURNAL OF THE SENATE,

Should the present secretary-treasurer continue to serve both Funds, this Bill would permit him to receive a pay increase of up to $10,000 per year for which the Sheriffs' Fund would bear 25 percent of the cost. Because the Fund is already paying him approximately $5000, this
legislation would, at most, cost the Fund an additional $2500 per year. In fiscal year 1977 the total administrative costs of the Fund, which are paid from retirement funds, totaled approximately $39,000.

/s/ William M. Nixon State Auditor

/s/ C. T. Stevens, 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 Foster Gillis Greene Hill
Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

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

Those not voting were Senators:

Broun of 46th (excused conferee)
Evans Fincher

Holloway (excused conferee) Howard Hudgins

Riley (excused conferee) Tate Traylor

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

The following bills of the House and Senate were taken up for the purpose of considering the House action thereto:

THURSDAY, MARCH 2, 1978

2273

HB 1246. By Representatives Baugh of the 108th, Parham of the 109th, Rowland of the 119th and Savage of the 25th:
A bill to amend Code Section 38-418, relating to confidential communi cations, so as to provide that communications between a physician and a patient shall be privileged.

Senator Allgood of the 22nd moved that the Senate insist upon the Senate substitute to HB 1246.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1246.

SB 397. By Senators Johnson of the 34th, Greene of the 26th and Evans of the 37th:
A bill to provide for intrastate child custody jurisdiction; to provide a short title; to specify purpose; to provide for construction; to define certain terms; to specify how an action to obtain a change of legal custody of certain children shall be brought; to provide limitations.

The House amendment was as follows:
Amend SB 397 on Page 4, by deleting Section 7 in its entirety and substituting in lieu thereof the following:
"Section 7. Effective Date. This Act shall become effective on January 1, 1979, provided, however, that Section 4 of this Act shall not be applicable to actions pending in court on the effective date of this Act."

Senator Johnson of the 34th moved that the Senate agree to the House amend ment to SB 397.

On the motion, 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 Carter Coverdell Dean of 6th

Dean of 31st Doss Duncan Eldridge English Foster Gillis Greene Hill Hudson Johnson

Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Robinson Russell

2274
Scott Shapard Starr Stephens Stumbaugh

JOURNAL OP THE SENATE,

Summers Sutton Thompson Timmons

Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th (excused conferee) Brown of 47th Evans

Fincher Holloway (excused conferee) Howard

Hudgins Riley (excused conferee)
Tate Traylor

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 397.

SB 484. By Senators Johnson of the 34th, Doss of the 52nd, McGill of the 24th and others:
A bill to amend Code Section 26-1704, relating to bad checks, as amended, so as to more clearly define the term "present consideration."

The House amendment was as follows: Amend SB 484 by striking on line 12, Page 1, the words, "or rent".
and by inserting in lieu thereof the words,
"of rent".

Senator Johnson of the 34th moved that the Senate agree to the House amend ment to SB 484.

On the motion, 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 Foster Gillis Greene Hill Johnson Kennedy Kidd

Langford Lester McGill Overby Paulk Reynolds Robinson

THURSDAY, MARCH 2, 1978

2275

Russell Scott Shapard Starr Stephens Stumbaugh Summers

Button Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th (excused conferee)
Evans Pincher

Holloway (excused conferee)
Howard Hudgins Hudson

Pearce Riley
(excused conferee) Tate Traylor

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 484.

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

HB 1470. By Representatives Buck of the 95th, Coleman of the 118th, Murphy of the 18th and others:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia so as to provide an increase in the retirement benefits for those who become eligible to receive benefits after a certain date. Senate Sponsor: Senator Stephens of the 36th.

The following fiscal notes, as required by law, were read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

February 27, 1978

MEMORANDUM

TO:

The Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark Stevens, Director, Office of
Planning and Budget

SUBJECT: Fiscal Note--House Bill 1470 (Committee Substitute) Sheriffs' Retirement Fund

This Bill, as amended, would increase the monthly retirement benefits paid to members of the Sheriffs' Retirement Fund from $15

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JOURNAL OF THE SENATE,

per year of service to $17.50 per year of service. The maximum monthly benefit, based on a minimum of 25 years service, is increased from $375 to $437.50, For members retiring with less than four years service, this legislation increases the monthly benefit from $60 to $70. Individuals already receiving benefits and members retiring prior to the effective
date of this Bill (May 1, 1978) would also receive this benefit increase.

An actuarial study completed in November 1977 addressed the fiscal impact of increasing the monthly benefit to $17.50 per year of service. The study estimated that this proposal would increase the Fund's annual accrual cost (amortized unfunded liability plus normal costs) by $83,995 (from $210,545 to $294,540), and would increase the total un funded actuarial liability from $1.3 million to $2.1 million (based on December 31, 1976 data). This Bill does not provide for any additional
revenues to support these increased costs.

/s/ William M. Nixon State Auditor

/s/ C. T. Stevens, Director, Office of Planning and Budget

November 30, 1977
Mr. Flynt Langford Secretary-Treasurer Georgia Sheriff's Retirement Fund Post Office Box 56 Griffin, Georgia 30223
Dear Mr. Langford:
Re: GEORGIA SHERIFF'S RETIREMENT FUND OF THE STATE OF GEORGIA
PROPOSED BENEFIT PLAN CHANGES
In response to your request we have estimated costs for the proposed benefit increase to $25 per month for each year of service along with estimates for other possible alternative benefit increases. While the costs illustrated in the attached exhibit are estimates, they are based on the December 31, 1976 data available to us and we consider the estimates to be very accurate. Similarly, the cost estimates have been made as of December 31, 1976 so as to be easily compared with the most recent actuarial valuation costs for 1977, although any change most likely would not occur before January 1, 1978.
The estimated costs for each of the proposed benefit increases pro vide that the increases be granted not only to currently active par ticipants but also to current pensioners and former members who have terminated with vested benefits.
In addition, the cost for the proposed benefit increases has been amortized over a period of twenty years beginning January 1, 1977.
Based on these facts, the following information and costs are perti nent to determining which benefit increases are affordable:

THURSDAY, MARCH 2, 1978

2277

Total Actuarial Liability

Current Plan $15 per month
$5,445,676

Unfunded Liability

1,294,608

Total Pension Accrual Cost

210,545

Increase in Pension

Accrual Cost

--

% Increase in Pension Accrual Cost --

Proposed Plan #1 $17.50 per month
$6,313,636
2,162,568
294,540
83,995
40%

Proposed Plan #2 $20 per
month
$7,181,596
3,030,528
378,545
168,000
80%

Proposed Plan #3 $25 per month
$8,917,516
4,766,448
545,545
336,000
160%

The current plan is in an actuarially sound position with the ac tuarial liability being 76% funded. The proposed benefit increase to $25 per month per year of service would appear to be too generous. Not only would the pension accrual cost more than double but the funding level would fall dramatically to 46.5%.

A more realistic and actuarially sound increase would be in the range of $17.50 per month to $20 per month, although the $20 per month benefit would also increase the annual cost significantly (by 80%).

As the retirement benefit from the Georgia Sheriff's Retirement Plan becomes more and more generous for career employees it would be advisable to consider the total retirement benefit available to such participants from all sources--including Social Security, Municipal, Association plans.

The costs of increasing benefits are high and depending on what other income is available, the Georgia Sheriff's Retirement Fund may not need to provide as high a benefit as is being proposed. The current plan is on a sound funding basis at present but large benefit increases
could quickly change that situation.

In summary, it is our judgment that a more affordable benefit increase would be to a level of $17.50 per month to $20 per month. We would further recommend that a survey of other retirement benefits available be made in order to assess the level of benefit that the Georgia Sheriff's Retirement Plan needs to provide. These recommendations as
sume that income from court fines and contributions will remain at or
above the levels of recent years.

If you have any questions, please do not hesitate to contact one of us.

Sincerely,
/&/ Edward W. Maroni, A.S.A.
/s/ Elizabeth J. Scattergood. A.S.A.

GEORGIA SHERIFF'S RETIREMENT FUND CURRENT AND PROPOSED PLAN COSTS AS OF DECEMBER 81, 1976

Proposed Plan Proposed Plan Proposed Plan

Current Plan #1 $17.50

#2 $20

#3 $25

$15 per month per month

per month

per month

Total Actuarial Liability December 81, 1976 ....________________._..._. $5,445,676

$6,313,636

$7,181,596

$8,917,516

Fund Value December 31, 1976 __________:___--
Unfunded Actuarial Liability December 31, 1976 .____________._......___._._
Amortization of Unfunded Actuarial Liability over--

4,151,068 1,294,608

4,151,068 2,162,568

4,151,068 3,030,528

4,151,068

O

CJ

4,766,448 f
O

(i) 20 years from January 1, 1976 __________ 102,022

170,420

238,820

375,620

(ii) 20 years from January 1, 1977 __________
Normal Cost for 1977 _____________________
Pension Accrual Cost for 1977 assuming amortization over--
(i) 20 years from January 1, 1976 ______..___

98,937 111,605
213,627*

165,265 129,275
299,695

231,600 146,945
385,765

364,260 M

182,285

co H

H
557,905

(ii) 20 years from January 1, 1977 _____._.___ 210,545

294,540

378,545

546,545

Increase in Pension Accrual Cost to

Fund Proposed Plan Increase (assuming

amortization over 20 years from

January 1, 1977) _.___-____-----___-________

--

83,995

168,000

336,000

*This is the same basis and amount shown in the December 31, 1976 actuarial report.

THURSDAY, MARCH 2, 1978

2279

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

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 Barries Bond Brantley Brown of 47th Carter Dean of 6th Dean of 31st Eldridge English Fincher

Foster Gillis Greene Hill
Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Those voting in the negative were Senators:

Bell Coverdell

Doss Evans

Those not voting were Senators:

Broun of 46th (excused conferee) Duncan Holloway (excused conferee)

Howard Hudgins Johnson Riley

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

On the passage of the bill, the yeas were 40, nays 6.

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

Senators Paulk of the 13th and Greene of the 26th introduced the doctor of the day, Dr. Gordon Davis, of Sylvester, Georgia.

The following general bill of the House, favorably reported by the commit tee, was read the third time and put upon its passage:

HB 1499. By Representatives Banner of the 130th, Sizemore of the 136th, Veazey of the 146th and others:
A bill to amend an Act known as the "Georgia Retailers' and Consum-

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JOURNAL OP THE SENATE,

era' Sales and Use Tax Act" so as to remove certain limitations on the exemption provided for sales of machinery used in tilling the soil or in animal husbandry.
Senate Sponsor: Senator Timmons of the llth.

Senators Dean of the 31st, Barnes of the 33rd and Thompson of the 32nd offered the following amendment:
Amend HB 1499 as follows:
By adding after the word and semicolon "crops;" on line 11 of Page 1, the following:
"to exempt sales of tangible personal property and services to orphans' homes operated as nonprofit corporations from the taxes imposed by said Act;".
By renumbering Sections 4 and 5 as Sections 5 and 6, respectively.
By adding a new Section 4, to read as follows:
"Section 4. Said Act is further amended by adding a. new subparagraph at the end of Section 3(c)2, to be designated subparagraph (bb), to read as follows:
'(bb) Sales of tangible personal property and services to or phans' homes located in this State and operated as nonprofit cor porations.' "

On the adoption of the amendment, the yeas were 30, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, 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 Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English Evans

Fincher
Poster Gillis Greene
mn
Howard Hudson Johnson Kennedy

Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

THURSDAY, MARCH 2, 1978

2281

Robinson Russell
Scott Shapard Stephens Stumbaugh Summers

Sutton Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th (excused conferee) Holloway (excused conferee)

Hudgins Riley (excused conferee) Starr

Tate Traylor

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

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

The following general bill of the Senate was taken up for the purpose of considering the House action thereto:

SB 574. By Senators Lester of the 23rd, Starr of the 44th and Duncan of the 30th:
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, as amended, so as to provide that the Gov ernor may designate the State Advisory Council for Mental Health and Mental Retardation as the State Alcholism Advisory Council to satisfy the provisions of this Act in lieu of creating a distinct Alcoholism Ad visory Council.

The House amendment was as follows: Amend SB 574 by striking on line 19 of Page 3, the following: "January 1, 1979";
and substituting in lieu thereof, the following: "July 1, 1979".

Senator Lester of the 23rd moved that the Senate disagree to the House amendment to SB 574.

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JOURNAL OP THE SENATE,

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Sen ate disagreed to the House amendment to SB 574.

The following local bill of the Senate was taken up for the purpose of con sidering the House action thereto:

SB 667. By Senators Wessels of the 2nd and Riley of the 1st:
A bill to amend an Act incorporating the City of Savannah Beach, Tybee Island, as amended, so as to change the name of said city to the City of Tybee; to provide for other matters relative thereto.

The House substitute to SB 567 was as follows:
A BILL
To be entitled an Act to amend an Act incorporating the City of Savannah Beach, Tybee Island, approved February 20, 1970 (Ga. Laws 1970, p. 2080), as amended, so as to change the name of said city to the City of Tybee Island; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act incorporating the City of Savannah Beach, Tybee Island, approved February 20, 1970 (Ga. Laws 1970, p. 2080), as amended, is hereby amended by striking from said Act the following:
"Savannah Beach, Tybee Island,",
wherever the same shall appear, and inserting in lieu thereof the words:
"Tybee Island",
so that on and after the effective date of this Act, said city shall be officially known as and shall be the City of Tybee Island.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Wessels of the 2nd moved that the Senate agree to the House sub stitute to SB 567.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Sen ate agreed to the House substitute to SB 567.
The following general bills of the Senate were taken up for the purpose of considering the House action thereto:

THURSDAY, MARCH 2, 1978

2283

SB 393. By Senator Thompson of the 32nd:
A bill to provide for a right of cancellation with respect to sales of physical culture, physical fitness or body improvement courses or serv ices; to provide enforcement of such right.

The House substitute to SB 393 was as follows:
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), as amended, so as to provide for the regulation of health spas; to define a certain term; to require certain contracts; to require certain other actions by health spa operators; to provide for other matters related thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Fair Business Practices Act of 1975," approved April 10, 1975 (Ga. Laws 1975, p. 376), as amended, is hereby amended by adding at the end of Section 2 a new subsection (i) to read as follows:
"(i) 'Health spa' means an establishment which provides as one of its primary purposes services or facilities which are pur ported to assist patrons to improve their physical condition or ap pearance through change in weight, weight control, treatment, dieting or exercise. The term includes an establishment designated as a 'reducing salon,' 'health spa,' 'spa,' 'exercise gym,' 'health stu dio,' 'health club' or by other terms of similar import."
Section 2. Said Act is further amended by adding immediately fol lowing paragraph (b) (11) of Section 3 the following:
"(12) Failing to comply with the following provisions con cerning health spas:
(A) A written contract shall be employed which shall con stitute the entire agreement between the parties, a fully completed copy of which shall be furnished to the consumer at the time of its execution which shows the date of the transaction and the name and address of the seller; provided, however, that no contract shall be valid which charges or obligates the customer for a period in excess of 36 months. Contracts shall be renewable at the end of each 36-month period of time, at the option of both parties to the contract.
(B) The contract or an attachment thereto shall state clearly any rules and regulations of the seller which are applicable to the consumer's use of the facilities or receipt of its services.

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JOURNAL OP THE SENATE,

(C) The contract shall state clearly on its face the cancella tion and refund policies of the seller.

(D) The health spa member has the right to cancel the con tract within three business days after the date of the signing of the contract by notifying the seller in writing of such intent and by either mailing said notice by certified or registered mail to the seller or hand delivering said notice to the seller with return re ceipt before midnight of the third business day after the date of the contract. Said notice must be accompanied by the contract forms, membership cards and any and all other documents and evidence of membership previously delivered to the buyer. If the health spa member so cancels, any payments made under, the con tract will be refunded and any evidence of indebtedness executed by the health spa member will be cancelled by the seller, provided that the member shall be liable for the fair market value of serv ices actually received, which in no event shall exceed twenty-five dollars. The preparation of any documents shall not be construed to be services.
(E) If a health spa member executed a contract and pays moneys before a spa facility is fully operational and available for use and if such spa facility is not fully operational and available for use within 60 days from the date of the contract, then such member shall have until three business days after the spa facility ia fully operational and available for use to cancel the contract and receive a refund of any payments made the seller, provided that the buyer shall be liable for the fair market value of the services actually received, which in no event shall exceed twentyfive dollars. The preparation of documents shall not be construed to be services. Such notice must be in writing and either mailed by certified or registered mail to the seller or hand delivered to the seller with a return receipt within said period of time. Said notice must be accompanied by the contract forms, membership cards and any and all other documents and evidence of membership previously delivered to the buyer.
(F) Every contract for health spa services shall contain a clause providing that if the member becomes totally and perma nently disabled during the membership term, he may cancel his contract and that the health spa is entitled to a reasonable pre determined fee in such event in addition to an amount equal to the value of services made available for use. The health spa shall have the right to require and verify reasonable evidence of total and permanent disability. Total and permanent disability shall mean such disability as would prevent the member from using any of the health spa facilities.
(G) The health spa contract should state that if a consumer has a history of heart disease, he should consult a physician before joining a spa."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

THURSDAY, MARCH 2, 1978

2285

Senator Thompson of the 32nd moved that the Senate agree to the House substitute to SB 393.

On the motion, 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 Eldridge

English Fincher
Foster Gillis Hill Howard Hudson Kennedy Kidd Langford Lester McGill Overby Paulk

Pearce
Reynolds Russell Scott Starr Stephens Stumbaugh Summers Sutton Thompson Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Greene

Robinson

Shapard

Those not voting were Senators:

Broun of 46th (excused conferee) Duncan Evans Holloway (excused conferee)

Hudgins Johnson Riley (excused conferee)

Tate Timmons Traylor

On the motion, the yeas were 43, nays 3; the motion prevailed, and the Sen ate agreed to the House substitute to SB 393.

SB 404. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend an Act creating the State Board of Dispensing Opticians and regulating the practice of the trade or occupation of dispensing op ticians, so as to change the membership of the board; to provide an effective date.

The House amendment was as follows: Amend SB 404 as follows:

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JOURNAL OP THE SENATE,

By striking on Page 1, lines 24 and 25 the following:

"optician, but who shall have a recognized interest in consumer affairs and in consumer protection concerns."

And by substituting in lieu the following:

"opticians.".

Senator Starr of the 44th moved that the Senate agree to the House amend ment to SB 404.

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

Those vpting in the affirmative were Senators:

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

English Fincher Foster Gillis Greene Hill Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Pearce Reynolds Robinson Russell Scott Shapard Starr Stumbaugh Summers Button Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th (excused conferee) Evans Holloway (excused conferee)

Hudgins Riley (excused conferee) Stephens

Tate Timmons Traylor

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Sen ate agreed to the House amendment to SB 404.

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

THURSDAY, MARCH 2, 1978

2287

HB 1506. By Representatives Home of the 104th, Pinkston of the 100th, Kemp of the 139th and others:
A bill to amend Code Chapter 67-7, relating to the manner of fore closures of mortgages on personalty so as to provide for the giving of oaths in certain cases in which the person holding a security interest is not a resident of the county where the debtor resides or where the secured property may be found.
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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge English Fincher

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

Reynolds
Riley Robinson Russell Scott Shapard
Starr Stephens Stumbaugh Summers Button Thompson Tysinger Walker Wessels

Voting in the negative was Senator Ballard.

Those not voting were Senators:

Broun of 46th (excused conferee) Coverdell Duncan

Evans Holloway (excused conferee) Hudgins

Tate Timmons Traylor
Turner

On the passage of the bill, the yeas were 45, nays 1.

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

HB 1530. By Representatives Dover of the llth, Clark of the 13th, Phillips of 91st and others:
A bill to amend an Act creating the Georgia State Commission of I-

2288

JOURNAL OP THE SENATE,

dian Affairs so as to strike the provision providing for repeal of the Act; to provide an effective date.
Senate Sponsor: Senator Barker of the 18th.

The Senate Committee on Governmental Operations offered the following substitute to HB 1530:
A BILL
To be entitled an Act to amend an Act creating the Georgia State Commission of Indian Affairs, approved March 23, 1977 (Ga. Laws 1977, p. 764), so as to redefine the purpose of the commission; to change the membership of the commission; to specify a quorum; to provide for deletion of obsolete provisions; to strike the provision providing for repeal of the Act; to provide for other matters relative to the fore going; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Georgia State Commission of Indian Affairs, approved March 23, 1977 (Ga. Laws 1977, p. 764), is hereby amended by striking in its entirety Section 2 thereof, which reads as follows:
"Section 2. Purposes for creation.--The purposes of the com mission shall be to deal fairly and effectively with Indian affairs; to bring local, State, and federal resources into focus for the im plementation or continuation of meaningful programs for Indian citizens of the State of Georgia; to provide aid and protection for Indians as needs are demonstrated; to prevent undue hardships; to assist Indian communities in social and economic development; and to promote recognition of and the right of Indians to pursue cultural and religious traditions considered by them to be sacred and meaningful to native Americans.",
and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. Purposes for creation.--The purpose of the com mission shall be to preserve and foster the culture and heritage of Indians and Indian descendants in this State and to designate an agency to deal with specific federal programs which are required to be dealt with only by an Indian agency or organization. It is not the purpose of the commission to deal with programs already administered by other agencies."
Section 2. Said Act is further amended by striking in its entirety Section 4 thereof and substituting in lieu thereof a new Section 4 to read as follows:

THURSDAY, MARCH 2, 1978

2289

"Section 4. Membership.--The Georgia State Commission of Indian Affairs shall consist of nine members as follows: four mem bers appointed by the Governor not less than one of whom shall be a Creek Indian and not less than one of whom shall be a Cherokee Indian; two members who shall be Indians appointed by the Lieutenant Governor; one member who shall be the Com missioner of the Department of Community Affairs; and two mem bers who shall be Indians appointed by the Speaker of the House from a list of six or more names recommended to the Speaker by the other seven members of the commission. The initial members of the commission shall be appointed within 60 days after the ef fective date of this Section. Two of the initial members appointed by the Governor shall be appointed to terms of two years; two of the initial members appointed by the Governor shall be appointed for terms of four years. One each of the initial members appointed by the Speaker of the House and the Lieutenant Governor shall be appointed to terms of two years and of four years. Thereafter, suc cessors shall be appointed as provided above for terms of four years. Members of the commission shall serve until their successors are appointed and qualified. Each member of the commission shall be entitled to receive the same compensation as provided for mem bers of certain State boards and commissions in Section 4 of an Act providing for the compensation and allowance of certain State officials, approved April 13, 1973 (Ga. Laws 1973, p. 701), as now or hereafter' amended. Any member of the commission who was appointed as an Indian may be removed from the commission by the officer making the initial appointment, upon recommendation of a majority of the other members of the commission, when it ap pears that the member's Indian status was fraudulently claimed."

Section 3. Said Act is further amended by striking from subsection (b) of Section 5 thereof the following:
"Three-fourths",

and substituting in lieu thereof the word: "Six",

so that when so amended subsection (b) of Section 5 shall read as follows:
"(b) Six of the members of the commission must be present to constitute a quorum."
Section 4. Said Act is further amended by striking in its entirety Section 6 thereof and substituting in lieu thereof a new Section 6 to read as follows:
"Section 6. The commission created by this Act is hereby as signed to the Department of Community Affairs for administrative purposes only, as provided in Section 3 of the Executive Reorgani zation Act of 1972 (Ga. Laws 1972, p. 1015), as now or hereafter amended."

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JOURNAL OF THE SENATE,

Section 5. Said Act is further amended by striking the second sen tence of Section 7 thereof, which reads as follows:

"This Act shall stand repealed and be null and void on July 1, 1978.",

so that when so amended Section 7 shall read as follows:

"Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."

Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kidd of the 25th offered the following amendment:
Amend the substitute to HB 1530 offered by the Senate Committee on Governmental Operations by inserting following the word "Indian" on line 25 of Page 2 the following:
"; one of the Governor's appointees shall be the properly elected Chief of the Cherokee Indian Tribe in Georgia and one shall be the properly elected Chief of the Creek Indian Tribe in Georgia".

On the adoption of the amendment, the yeas were 18, nays 20, and the amend ment to the committee substitute was lost.

On the adoption of the substitute, the yeas were 40, nays 1, and the sub stitute was adopted.

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

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

Those voting in the affirmative were Senators:

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 Foster Gillis Greene

Hill Howard Hudson Johnson Kennedy Kidd Langford Lester McGill

THURSDAY, MARCH 2, 1978

2291

Overby Paulk Pearce Reynolds Robinson Russell Scott Shapard Starr

Stephens Summers Sutton Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Doss Duncan
Hollo way (excused conferee)

Hudgins Riley
(excused conferee) Tate

Traylor

On the passage of the bill, the yeas were 48, nays 1.

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 555. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act," as amended, so as to provide for the employment of classroom aides and paraprofessionals; to provide for the authority of "in loco parentis" for such classroom aides and paraprofessionals under certain conditions.

The House amendment was as follows:
Amend SB 555 by adding between lines 17 and 18 on Page 2, and renumbering accordingly, the following.
"The State Board of Education shall also provide funds to the local Boards of Education for the fringe benefits and allowances as a result of the employment of these aides and paraprofessionals."

Senator Starr of the 44th moved that the Senate disagree to the Houae amendment to SB 555.

2292

JOURNAL OF THE SENATE,

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Sen ate disagreed to the House amendment to SB 555.

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

HB 1563. By Representatives Culpepper of the 98th, Murphy of the 18th, Walker of the 115th and others:
A bill to amend Code Title 24A, the Juvenile Court Code so as to change the provisions regarding concurrent jurisdiction of superior court; to provide for transfer of certain cases. 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 Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Eldridge English Fincher

Foster Gillis Greene Hill Kennedy Kidd Lester McGill
Overby Paulk Pearce Reynolds Robinson

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

Those voting in the negative were Senators:

Banks Barnes Bell

Coverdell Evans Howard

Johnson Stumbaugh

Those not voting were Senators:

Doss Duncan Holloway (excused conferee) Hudgins

Hudson Langford Riley (excused conferee)

Shapard (excused conferee) Tate Traylor

On the passage of the bill, the yeas were 38, nays 8.

THURSDAY, MARCH 2, 1978

2293

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 474. By Senators Gillis of the 20th, Walker of the 19th, Lester of the 23rd and others:
A bill to amend Code Title 56, relating to the Georgia Insurance Code, as amended, so as to require that certain accident and sickness insurance policies and plans provide coverage for dependents of the policyholder or insured who are students; to provide for other matters relative to the foregoing; to provide for application.

The House substitute to SB 474 was as follows:
A BILL
To be entitled an Act to amend Code Title 56, relating to the Georbia Insurance Code, as amended, so as to require that certain accident and sickness insurance policies and plans provide coverage for depend ents of the policyholder or insured who are students; to provide for other matters relative to the foregoing; to provide for application; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 56, relating to the Georgia Insurance Code, as amended, is hereby amended by adding at the end of subsection (3) of Code Section 56-3002, relating to scope and format of individual accident and sickness policies, immediately before the symbol,

the following:
"and except that, if a policy purports to insure a dependent child of the policyholder, the child shall continue to be insured to age 25 so long as the policy continues in effect, the child remains a dependent of the policyholder, and the child, in each calendar year since reaching the age specified in the policy for termination of benefits as a dependent of the policyholder, has been enrolled for five calendar months or more as a full-time student in a postsecondary institution of higher learning or, if not so enrolled, would have been eligible to be so enrolled and was prevented from being so enrolled due to illness or injury",

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so that when so amended Code Section 56-3002 shall read as follows:

"56-3002. Scope and format of policy.--No policy of accident and sickness insurance shall be delivered or issued for delivery in this State unless it meets the following requirements:

(1) The entire money and other considerations therefor are expressed therein;

(2) The time at which the insurance takes effect and terminates is expressed therein;

(3) It purports to insure only one person, except that a policy may insure, originally or by subsequent amendment upon the ap plication of an adult member of a family who shall be deemed the policyholder, any two or more eligible members of that family, in cluding husband, wife, dependent children or any children under a specified age which shall not exceed nineteen (19) years and any other person dependent upon the policyholder and except that, if a policy purports to insure a dependent child of the policyholder, the child shall continue to be insured to age 25 so long as the policy continues in effect, the child remains a dependent of the policyholder, and the child, in each calendar year since reaching the age specified in the policy for termination of benefits as a dependent of the policyholder, has been enrolled for five calendar months or more as a full-time student in a postsecondary institution of higher learning or, if not so enrolled, would have been eligible to be so enrolled and was prevented from being so enrolled due to illness or injury;

(4) The style, arrangement and over-all appearance of the policy given no undue prominence to any portion of the text, and every printed portion of the text of the policy and of any endorse ments or attached papers is plainly printed in light-faced type of a style in general use, the size of which shall be uniform and not less than ten-point with a lower case unspaced alphabet length not less than one hundred and twenty point (the 'text' shall include all printed matter except the name and address of the insurer, name or title of the policy, the brief description, if any, and captions and subcaptions), when a policy is renewable only at the option of the insurer, such fact shall be made known in prominent lettering on the face of the policy;

(5) The exceptions and reductions of indemnity are set forth in the policy and, except those which are set forth in Sections 563004 and 56-3005, are printed, at the insurer's option, either included with the benefit provisions to which they apply, or under an appro priate caption such as 'exceptions', or 'exceptions and reductions': Provided, that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of such exception or reduction shall be included with the benefit provision to which it applies;

THURSDAY, MARCH 2, 1978

2295

(6) Each such form, including riders and endorsements, shall be identified by a form number in the lower lefthand corner of the first page thereof; and
(7) It contains no provision purporting to make any portion of the charter, rules, constitution, or bylaws of the insurer a part of the policy unless such portion is set forth in full in the policy, except in the case of the incorporation of, or reference to, a state ment of rates or classification of risks, or short-rate table filed with the Commissioner."

Section 2. Said Code Title is further amended by striking Code Section 56-3102, relating to required provisions of group accident and sickness policies, in its entirety and substituting in lieu thereof a new Code Section 56-3102, to read as follows:

"56-3102. Required provisions of group accident and sickness policies.--Each group accident and sickness policy shall contain in substance the following provisions:

(1) A provision that, in the absence of fraud, all statements made by a policyholder or by any insured person shall be deemed representations and not warranties, and that no statement made for the purpose of effecting insurance shall avoid such insurance or reduce benefits unless contained in a written instrument signed by the policyholder or the insured person, a copy of which has been furnished to such policyholder or to such person or his beneficiary.

(2) A provision that the insurer will furnish to the policyholder, for delivery to each employee or member of the insured group, an individual certificate setting forth in summary form a statement of the essential features of the insurance coverage of such employee or member and to whom benefits are payable. If de pendents or family members are included in the coverage, addi tional certificates need not be issued for delivery to such dependents or family members.
(3) A provision that to the group originally insured may be added from time to time eligible new employees or members or dependents, as the case may be, in accordance with the terms of the policy.
(4) A provision that, with respect to termination of benefits for, or coverage of, any person who is a dependent child of an in sured, the child shall continue to be insured to age 25 so long as the coverage of the member continues in effect, the child remains a dependent of the insured parent or guardian, and the child, in each calendar year since reaching any age specified for termination of benefits as a dependent, has been enrolled for five calendar months or more as a full-time student at a postsecondary institu tion of higher learning or, if not so enrolled, would have been eligible to be so enrolled and was prevented from being so enrolled due to illness or injury. The provisions of this paragraph shall not apply to group policies under which an employer provides cover-

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JOURNAL OF THE SENATE,

age for dependents of its employees and pays the entire cost of the coverage without any charge to any such employee or dependents."

Section 3. Said Code Title is further amended by striking Code Section 56-3105, relating to required provisions of blanket accident and sickness insurance, in its entirety and substituting in lieu thereof a new Code Section 56-3105, to read as follows:

"56-3105. Required provisions.--Any insurance company autho rized to write accident and sickness insurance in this State shall have the power to issue blanket accident and sickness insurance. No such blanket policy may be issued or delivered in this State unless a copy of the form thereof shall have been filed in accord ance with Section 56-2410. Every such blanket policy shall contain provisions which in the opinion of the Commissioner are at least as favorable to the policyholder and the individual insured as the following:
(1) A provision that the policy and the application shall con stitute the entire contract between the parties, and that all state ments made by the policyholder shall, in absence of fraud, be deemed representations and not warranties, and that no such state ments shall be used in defense to a claim under the policy, unless it is contained in a written application.

(2) A provision that written notice of sickness or of injury must be given to the insurer within twenty (20) days after the date when such sickness or injury occurred. Failure to give notice with in such time shall not invalidate nor reduce any claim if it shall be shown not to have been reasonably possible to give such notice and that notice was given as soon as was reasonably possible.

(3) A provision that the insurer will furnish to the policyholder such forms as are usually furnished by it for filing proof of loss. If such forms are not furnished before the expiration of fifteen (15) days after the giving of such notice, the claimant shall be deemed to have complied with the requirements of the policy
as to proof of loss upon submitting within the time fixed in the policy for filing proof of loss, written proof covering the occur rence, character and extent of the loss for which claim is made.

(4) A provision that in the case of claim for loss-of-time for disability, written proof of such loss must be furnished to the insurer within thirty (30) days after the commencement of the period for which the insurer is liable, and that subsequent written
proofs of the continuance of such disability must be furnished to the insurer at such intervals as the insurer may reasonably re quire, and that in the case of claim for any other loss, written proof of such loss must be furnished to the insurer within ninety (90) days after the date of such loss. Failure to furnish such proof within such time shall not invalidate nor reduce any claim if it shall be shown not to have been reasonably possible to furnish such proof and that such proof was furnished as soon as was reas
onably possible.

THURSDAY, MARCH 2, 1978

2297

(5) A provision that all benefits payable under the policy other than benefits for loss of time will be payable immediately upon receipt of due written proof of such loss, and that, subject to due proof of loss, all accrued benefits payable under the policy for loss of time will be paid not later than at the expiration of each period of thirty (30) days during the continuance of the period for which the insurer is liable, and that any balance remain ing unpaid at the termination of such period will be paid immedi ately upon receipt of such proof.

(6) A provision that the insurer at its own expense, shall have the right and opportunity to examine the person of the insured when and so often as it may reasonably require during the pendency of claim under the policy and also the right and opportunity to make an autopsy in case of death where it is not prohibited by law.

(7) A provision that no action at law or in equity shall be brought to recover under the policy prior to the expiration of sixty (60) days after written proof of loss has been furnished in accord ance with the requirements of the policy and that no such action shall be brought after the expiration of three years after the time written proof of loss is required to be furnished.

(8) A provision that, with respect to termination of benefits for, or coverage of, any person who is a dependent child of an insured, the child shall continue to be insured to age 25 so long as the coverage of the insured parent or guardian continues in effect, the child remains a dependent of the parent or guardian, and the
child, in each calendar year since reaching any age specified for termination of benefits as a dependent, has been enrolled for five months or more as a full-time student at a postsecondary institu tion of higher learning or, if not so enrolled, would have been eli gible to be so enrolled and was prevented from being so enrolled due to illness or injury."

Section 4. The provisions of this Act shall also apply to policies issued by a hospital service nonprofit corporation or a nonprofit medi cal service corporation.

Section 5. This Act shall not be construed so as to impair the obli gation of any contract in existence prior to the effective date of this Act.

Section 6. This Act shall become effective January 1, 1979.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Gillis of the 20th moved that the Senate agree to the House sub stitute to SB 474.

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JOURNAL OF THE SENATE,

On the motion, 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 Brantiey Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Eldridge English

Fincher Foster Gillis Greene Hill Howard Hudson Johnson Kennedy Kidd Lester MeGill Overby Paulk Pearce

Reynolds Robinson Russell Scott Starr Stephens Stumbaugh Summers Button Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th (excused conferee) Doss Dun can Evans Holloway (excused conferee)

Hudgins Langford Riley (excused conferee)

Shapard (excused conferee) Tate Traylor

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Sen ate agreed to the House substitute to SB 474.

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

HB 1567. By Representatives Williamson of the 45th, Karrh of the 106th, Kemp of the 139th and others:
A bill to amend Code Chapter 56-25, relating to life insurance, so as to require that insurers pay interest at a specified rate on the proceeds of policies of life insurance; to provide limitations; to require speedy payment of such proceeds. Senate Sponsor: Senator Coverdell of the 40th.

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

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

THURSDAY, MARCH 2, 1978

2299

Those voting in the affirmative were Senators:

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

Evans Foster Gillis Greene Hill Howard Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce

Reynolds Robinson Russell Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Ty singer Walker Wessels

Those not voting were Senators:

Banks Broun of 46th (excused conferee) Duncan Fincher Holloway (excused conferee)

Hudgins Langford Riley (excused conferee)

Shapard (excused conferee) Tate Traylor

On the passage of the bill, the yeas were 45, nays 0.

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

The following resolution of the Senate, favorably reported by the committee, was read and adopted:

SR 360. By Senator Thompson of the 32nd:
A resolution urging the Governor to designate April, 1978 as Mindbender month (a new ride at Six Flags Over Georgia Amusement Park).

The President announced that the Senate would stand in recess from 12:40 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, favorably reported by the committee, was read the third time and put upon its passage:

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JOURNAL OF THE SENATE,

HB 1230. By Representatives Baugh of the 108th, Parham of the 109th and Clark of the 13th:
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 and the calculation of service retirement benefits.
Senate Sponsor: Senator Kidd of the 25th.

The following fiscal notes, as required by law, were read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

January 31,1978

TO: FROM:
SUBJECT:

The Honorable Thomas B. Buck, III, Chairman House Retirement Committee
William M. Nixon State Auditor
Clark Stevens, Director Office of Planning and Budget
Fiscal Note--House Bill 1230 Employees' Retirement System

This Bill eliminates the five percent reduction in monthly benefits
for each year of age less than 65 at retirement that is currently as sessed to members with at least 30 years service but less than 34.

An actuarial study completed January 18, 1978, and based on the 1975 actuarial valuation of the system estimated that this change would result in additional annual costs of $235,000. Attached is a copy of the actuaries' letter addressing this Bill.

/a/ William M. Nixon, State Auditor
/s/ C. S. Stevens, Director Office of Planning and Budget

Mr. Tony Reeves State Auditors Office State Capitol Atlanta, Georgia 30334
Dear Tony:

January 18,1978 Re: HB 1230

In accordance with your request, we have estimated the cost in crease which would be associated with the elimination of the 5%

THURSDAY, MARCH 2, 1&78

2301

reduction per year imposed upon members who retire after 30 years of service but prior to age 65. Our analysis was based upon the data in our files.

The cost for this type of change in the Retirement System is dif ficult to determine because it depends upon the number of members who will take advantage of its provision. Based upon the 1975 actuarial valuation there are 449 members of the System who have completed 30 years of service but less than 34 years and who are less than age 65. If all of these members were to retire immediately under the provisions of this change, their benefits would be increased, on the average, by 32%. This would have the effect of increasing the total System cost by about $410,000.

It should be kept in mind, however, that some of these members could work to complete 34 years of service prior to age 65 and thereby, be eligible to receive the full projection of service. For those, prior to age 55, who retire after 30 years of service without the projection instead of working an additional 4 years to retire with the full projection, a savings to the fund would result even though the member received an additional 4 years of payments.

Taking all of the above into account, our best estimate of the in crease in costs for.this change is $235,000 on an annual basis.

Sincerely, Isl 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:

Ballard Banks Barker
Barnes Bond Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Eldridge

Foster Hill Holloway
Howard Johnson Kennedy Kidd Lester McGill Overby Paulk

Pearce Reynolds Riley
Shapard Starr Sutton Thompson Traylor Turner Wessels

Those voting in the negative were Senators:

Bell

Evans

Doss

Summers

Tysinger

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Allgood Brantley Coverdell Duncan (excused
conferee) English Fincher

Gillis Greene Hudgins Hudson (excused
conferee) Langford Robinson

Russell Scott Stephens Stumbaugh Tate Timmons Walker

On the passage of the bill, the yeas were 32, nays 5.

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 Senate:

SB 443. By Senators Johnson of the 34th, Stephens of the 36th, Shapard of the 28th and others:
A bill to amend an Act providing procedures for searches and seizures and for suppression of evidence illegally seized, so as to provide for the return of certain stolen, embezzled or other unlawfully obtained property to the rightful owners; to provide for hearings.

SB 460. By Senators Doss of the 52nd, Johnson of the 34th and English of the 21st:
A bill to create the Music Recording Industry Advisory Committee within the Department of Industry and Trade; to provide for the composition and appointment of the Committee; to provide for terms of office; to provide for reimbursement of necessary expenses of the members.

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

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.

THURSDAY, MARCH 2, 1978

2303

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

SB 570. By Senators Stephens of the 36th, Tate of the 38th, Turner of the 8th and others:
A bill to amend an Act regulating advertising, as amended, so as to require a person who uses the term "Doctor" or "Dr." to designate the degree to which he is entitled or to make certain other designations; to provide for exceptions; to provide a penalty; to provide an effective date.

The House has agreed to the Senate substitute to the following bill of the House:

HB 1806. 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 providing for appointments to and the filling of vacancies on the Albany-Dougherty Hospital Authority so as to provide for appointments to and the filling of vacancies on the Albany-Dougherty Hospital Authority.

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

HB 1593. By Representatives Harris of the 60th and Johnson of the 72nd:
A bill to provide that liens for ad valorem taxes shall cover only the property against which the ad valorem tax that is the basis of the lien was assessed. 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:

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

Carter Dean of 6th Dean of 31st Doss Eldridge Evans Poster Gillis Greene

Hill Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

2304
Pearce Reynolds Robinson Scott

JOURNAL OP THE SENATE,

Shapard Starr
Summers Sutton

Thompson Traylor
Turner Tysinger

Those not voting were Senators:

Allgood
Coverdell Duncan (excused
conferee) English Fincher

Holloway (excused conferee) Howard Hudgins Hudson (excused conferee) Riley (excused
conferee)

Russell
Stephens Stumbaugh
Tate Timmons Walker
Wessels

On the passage of the bill, the yeas were 39, nays 0.

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

HB 1636. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend an Act providing for physician's assistants and known as the "Physician's Assistant Act" so as to exempt certain physician's assistant from certain examination requirements. Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Human Resources offered the following amend ment:
Amend HB 1636 by striking on Page 1, line 15, the following:
"April 1,1978",
and inserting in lieu thereof the following:
"July 1,1975".

On the adoption of the amendment offered by the Senate Committee on Human Resources, the yeas were 36, nays 0, and the amendment was adopted.

Senator Robinson of the 27th offered the following amendment:
Amend HB 1636 as follows:
By inserting following the word "requirements" on line 5 of Page 1 the following:
"; to provide for the utilization of physicians' assistants who are employed by a public or private health care institution, hospital

THURSDAY, MARCH 2, 1978

2305

or organization; to change certain restrictions on the number of physicians' assistants who may be employed".
By renumbering Section 2 as Section 4.

By adding, following Section 1, a new Section 2, to read as follows:

"Section 2. Said Act is further amended by striking subsection (e) of Section 4 in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:

'(e) No physician shall have more than two physician's as
sistants in his employment at any one time; provided, however; that
there shall be no restriction on the number of physicians' assistants who are employed by a public or private health care institution,
hospital or organization and who are under the supervision of a licensed physician who is employed by such public or private health
care institution, hospital or organization or who is a member of the staff of such public or private health care institution, hospital or organization.

Nothing in this Act shall prevent a physician from submitting a new job description when a physician's assistant, by reason of further education or experience and successfully passing additional test(s) as shall be outlined and administered by the Board of Medical Examiners, becomes capable of performing a wider range of medical tasks.
A physician's assistant as defined under this Act shall be allowed to perform his duties only in the principal offices of the applying physicians, which shall be those public or private places or health facilities where the applying physician regularly sees patients, provided that nothing in this Act shall preclude a physician's assistant from making house calls, hospital rounds, serving as an ambulance attendant, or performing any functions performed by the applying physician which the physician's assistant is qualified to perform.

A physician's assistant may hot be utilized to perform the
duties of a pharmacist licensed under Code Chapter 79 A-4, relating to pharmacists, as now or hereafter amended.

A physician employed by the State Health Department or by
any institution thereof or by a local health department whose duties are administrative in nature and who does not normally provide
health care to patients as such employee shall not be authorized to apply for or utilize the services of any physician's assistant employed by the State Health Department or by any institution
thereof or by a local health department.'"

By adding, following Section 2, a new Section 3, to read as follows:

"Section 3. Said Act is further amended by adding, following Section 4, a new Section 4A, to read as follows:

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JOURNAL OP THE SENATE,

'Section 4A. Physicians' assistants employed by hospitals. Any other provision of this Act to the contrary notwithstanding, the Board is hereby authorized to provide alternative requirements for the certification and utilization of persons as physicians' assistants when such persons are employed by or through a public or private health care institution, hospital or organization. The Board may exempt any such physician's assistant from any requirement of this Act.'"

On the adoption of the amendment offered by Senator Robinson of the 27th, the yeas were 31, nays 4, 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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Dean of 6th Dean of 31st Eldridge English Fincher Foster

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

Those voting in the negative were Senators:

Ballard

Doss

Those not voting were Senators:

Broun of 46th (excused conferee) Coverdell Duncan (excused conferee)

Hudgins Hudson (excused
conferee) Riley (excused conferee)

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

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

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

THURSDAY, MARCH 2, 1978

2307

HB 1639. By Representative Taggart of the 126th:
A bill to amend an Act entitled the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to provide that certain persons, firms, corporations or organizations shall be ineligible for issuance of a retailer's license under certain conditions. 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 Bond
Brantley
Broun of 46th Brown of 47th
Carter Coverdell Dean of 6th Dean of 31st Doss
English

Evans
Pincher
Foster
Giffis Greene Hill
Holloway
Hudson Johnson
Kennedy
Kidd Langford
Lester McGill Overby Paulk

Pearce
Reynolds Robinson Scott Shapard
Stair Stephens . Stumbaugh Summers Sutton Thompson Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Eldridge.

Those not voting were Senators:

Duncan
Howard Hudgins

Riley (excused
conferee) Russell

Tate Timmons

On the passage of the bill, the yeas were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed.
HB 1649. By Representatives Taggart of the 125th and Hill of the 127th: A bill to amend Code Section 26-2713, relating to exceptions to the provisions relating to gambling and related offenses of Code Chapter

2308

JOURNAL OF THE SENATE,

26-27, so as to provide for additional exceptions for certain coinoperated games or devices.
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 Banks Bames Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge

English Evans Fincher Foster Greene Hill Holloway Howard Johnson Kennedy Kidd Lester McGill

Overby Paulk Robinson Shapard Starr Stumbaugh Summers Button Timmons Traylor Turner Wessels

Those voting in the negative were Senators:

Ballard Barker Dean of 31st

Gillis Reynolds Scott

Thompson Tysinger Walker

Those not voting were Senators:

Duncan (excused conferee) Hudgins Hudson (excused conferee)

Langford Pearce Riley (excused conferee)

Russell Stephens Tate

On the passage of the bill, the yeas were 38, nays 9.

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 Second Conference Committee report thereon:

HB 1046. By Representative Taggart of the 125th: A bill to amend an Act entitled the "Revenue Tax Act to Legalize

THURSDAY, MARCH 2, 1978

2309

and 'Control Alcoholic Beverages and Liquors", as amended, so as to authorize the State Revenue Commissioner to issue refunds or credits for distilled spirits excise tax stamps purchased by manufacturers, distillers, or wholesalers under certain conditions.

The Second Conference Committee report on HB 1046 was as follows:

The Second Conference Committee on House Bill 1046 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute be adopted.

FOR THE SENATE:
Isl Render Hill Senator, 29th District
I si Henry Russell, Jr. Senator, 10th District
Steve Reynolds Senator, 48th District

Respectfully submitted,
FOR THE HOUSE:
/s/ Charles L. Carnes Representative, 43rd District
/s/ Joe J. Johnston Representative, 56th District
/s/ Tom Taggart Representative, 125th Distsiet

Second Conference Committee Substitute to HB 1046:
A BILL
To be entitled an Act to amend an Act entitled the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, so as to authorize the State Revenue Commissioner to issue refunds or credits for distilled spirits excise tax stamps purchased by manufactur ers, distillers, or wholesaler under certain conditions; to provide for the reimbursement of any wholesaler bearing the cost Of stamps for whieh a refund or credit is subsequently granted; 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 known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, is hereby amended by striking subsection (f) of Section 11 in its entirety and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) The State Revenue Commissioner shall be authorized to issue refunds or credits for stamps purchased by a manufacturer, distiller, or wholesaler, under regulations promulgated by the Commissioner, when it can be shown to the Commissioner's satisfac tion that any of the following events have occurred:

2310

JOURNAL OP THE SENATE,

(1) Distilled spirits, ordered by the wholesaler, have been destroyed in transit prior to entry into the wholesaler's warehouse
or storage area,

(2) Distilled spirits have been destroyed while in the possession of a Georgia wholesaler by an act of God, such as fire, flood, lightning, wind or other natural calmity,

(3) Distilled spirits have been received by the wholesaler, which are unfit for consumption upon receipt, and such distilled spirits are returned to the shipper or destroyed prior to any sale by the wholesaler in Georgia, or

(4) Distilled spirits have been received by the wholesaler through an error in shipment and such distilled Spirits are returned to the shipper prior to any sale by the wholesaler in Georgia.

It is further provided that any manufacturer, distiller, or wholesaler receiving a refund or credit for stamps purchased as provided herein, in every case where the cost of the stamps have been charged to or paid by a wholesaler, shall refund or credit to such wholesaler an amount equal to the credit or refund allowed by the Commissioner."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Hill of the 29th moved that the Senate adopt the Second Conference Committee report on HB 1046.

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

Those voting in the affirmative were Senators:

Allgood Banks Barker Barnes Bell Brantley Dean of 6th Doss Eldridge English Fincher

Gillis Hill Holloway Howard Hudson Kennedy Kidd Lester McGill Pearce Robinson

Russell Scott Shapard Starr Stephens Summers Timmons Traylor Turner Walker Wessels

THURSDAY, MARCH 2, 1978

2311

Those voting in the negative were Senators:

Bond Broun of 46th Brown of 47th Carter Dean of 31st

Foster Greene Johnson Overby Paulk

Reynolds Stumbaugh Button Thompson Tysinger

Those not voting were Senators:

Ballard Coverdell Duncan

Evans Hudgins Langford

Riley (excused conferee) Tate

On the motion, the yeas were 33, nays 15, and the Senate adopted the Second Conference Committee report on HB 1046.

The following bill of the Senate was taken up for the purpose of consider ing the House action thereto:

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.
The House substitute to SB 161 was as follows:
A BILL
To be entitled an Act to amend an Act providing for a health insurance plan for State employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, particularly by an Act approved March 10, 1966 (Ga. Laws 1966, p. 279), 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 for participation in health insurance by certain employees and former employees and their spouses and their dependent children and the terms and conditions connected therewith; 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 for a health insurance plan for State employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, particularly by an Act approved March 10, 1966 (Ga. Laws 1966, p. 279), is hereby amended by striking from subsection (a) of

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JOURNAL OF THE SENATE,

Section 8A the following: "20 years" and inserting in lieu thereof the following: "13 years and 4 months of", so that when so amended sub section (a) of Section 8A shall read as follows:

"(a) Any spouse or dependent child or children included in the coverage of the contract or contracts for health insurance as provided in this Act at the time of death of any employee, annuitant or other person who is the primary or principal beneficiary of said contract or contracts for health insurance and who dies on or after March 1, 1966 having at least 13 years and 4 months of creditable service as determined pursuant to the provisions of the Act establishing an employees' retirement system known as 'Em ployees' Retirement System of Georgia', approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, may be entitled to continue such coverage upon agreeing to pay contributions to the cost of such coverage as may be provided by rules and regulations of the Board. The Board shall be authorized to promulgate and adopt rules and regulations governing the continuance, discontinuance and resumption of coverage by any such spouse or dependent child or children."
Section 2. Said Act is further amended by adding, following Sec tion 8A, a new Section 8B, to read as follows:
"Section SB. Any other provision of this Act to the contrary notwithstanding, on and after July 1, 1978, any employee who resigns from employment or who fails to be reelected or who does not seek reelection to office and who at the time he leaves office or employment has completed eight or more years of service as an employee, as defined in this Act, shall be entitled to continue full coverage and participation, including coverage for his spouse and dependent children, in the health insurance plan by the payment of an annual premium to be fixed by the board. Such premium must be paid within 30 days following receipt of a notice of premium to be sent to such person by the board. If the annual premium is not paid within such time limit such insurance coverage shall be canceled and such person shall not again be eligible to participate in such plan. The provisions of this Section shall not affect the rights otherwise available under this Act of retired employees and their spouses and dependents. The board is hereby authorized to establish terms and conditions for participation as the board shall deem appropriate and which are not in conflict with the provisions of this Section."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 161.

THURSDAY, MARCH 2, 1978

2313

On the motion, 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 31st Doss Eldridge English Evans

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

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

Those not voting were Senators:

Coverdell Dean of 6th Duncan (excused conferee)

Hudgins Hudson (excused conferee)

Riley (excused conferee) Tate Wessels

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 161.

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

HB 1656. By Representative Pinkston of the 100th:
A bill to amend an Act authorizing municipalities, counties and other public bodies of this State, at their discretion, to purchase certain indemnity insurance so as to authorize the payment Of certain claims or civil judgments under certain conditions; to provide an effective date. 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:

2314

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 Carter Dean of 6th
Dean of 31st Doss Eldridge English

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

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

Those not voting were Senators:

Cpverdell Duncan Evans Firtcher

Hill Hudgins Riley (excused conferee)

Russell Stephens

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

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

HB 1728. By Representative Milford of the 13th:
A bill to amend an Act known as the Uniform Act Regulating Traffic on Highways so as to change the provisions relative to immediate reports of motor vehicle accidents; to amend Code Title 68C, known as The Motor Vehicle Safety Responsibility 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 Dean of 6th Dean of 31st Doss Eldridge

English
Evans FincWer
Poster Giliis Hblloway
Hudson
Johnson Kennedy Kidd
Langf ord

THUKSBiAYi MARCH Z, 1978

2315

McGill
Overby
Paulk Pearce Reynolds Russell
Scott Shapard
Starr Stephens
Stumbaugh

Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those voting were Senators:

Coverdell Duncan Greene
Hill

Howard Hudgins Lester

Riley (excused
conferee) Robinson

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 570. By Senators Stephens of the 36th, Tate of the 38th, Turner of the 8th and others:
A bill to amend an Act regulating advertising, as amended, so as to require a person who uses the term "Doctor" or "Dr." to designate the degree to which he is entitled or to make certain other designations; to provide for exceptions; to provide a penalty; to provide an effective date.

The House amendment was as follows:
Amend SB 570 by adding after the word "person" on line 26, Page 1, the word "wilfully",
and
by adding after the word "provisions" on line 26, the words "with intent to defraud".

Senator Stephens of the 36th moved that the Senate agree to the House amendment to SB 570.

On the motion, a roll call was taken, and the vote was a* follows:

2316

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 Carter Dean of 6th Dean of 31st Doss Duncan Eldridge

English Evans Foster Gillis Holloway Howard Hudson Johnson Kennedy Kidd Langford McGill Overby Paulk Pearce Reynolds

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

Those not voting were Senators:

Coverdell Fincher
Greene

Hill Hudgins
Lester

Riley (excused conferee)
Russell

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 570.

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

HB 1752. By Representatives Snow of the 1st, Hatcher of the 131st and Walker of the 115th:
A bill to amend Code Chapter 84-66, known as the Motor Vehicle, Farm Machinery and Construction Equipment Franchise Practices Act, so as to establish a termination date for the Georgia Franchise Practices Commission and the date on which the aforesaid Code Chapter shall stand repealed.
Senate Sponsor: Senator Robinson of the 27th.

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

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

^THURSDAY, MARCH 2, 1978

2317

Carter Coverdell Dean of 6th Dean of 31st Eldridge Evans Fincher Foster Gillis Greene Hill Holloway Howard

Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Pearce Reynolds Robinson Scott

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

Those voting in the negative were Senators:

Doss Paulk

Stumbaugh

Thompson

Those not voting were Senators:

Allgood Dun can

English Riley (excused conferee)

Russell

On the passage of the bill, the yeas were 47, nays 4.

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 407. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend Code Section 84-1405, relating to the Georgia Real Estate Commission, so as to provide for the appointment of an additional member to the Commission; to provide an effective date.

The House substitute to SB 407 was as follows:
A BILL
To be entitled an Act to amend Code Section 84-1405, relating to the Georgia Real Estate Commission, so as to provide for the appointment of an additional member to the Commission; to change certain of the provisions relative to the appointment of members; to provide for

2318

JOURNAL OF THE SENATE,

employment of staff by the Commission; 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 Section 84-1405, relating to the Georgia Real Estate Commission, is hereby amended by striking in their entirety sub sections (a) and (b) of said Code Section and substituting in lieu thereof new subsections (a) and (b) to read as follows:

"(a) The Georgia Real Estate Commission shall be composed of six members, each of whom shall be appointed by the Governor, with the approval of the Secretary of State, and confirmed by the Senate for a term of five years. Five of the members shall be licensed real estate brokers or salesmen who shall have been residents of this State and actively engaged in the real estate business for five years. The sixth member of the Commission shall have no connection with
the real estate industry whatsoever, but shall have a recognized interest in consumer affairs and in consumer protection concerns. The members of the Commission serving as such on January 1, 1978, shall continue to serve for the remainder of the terms of office to which they were appointed. One of the successors to the two members whose terms of office shall expire in January, 1979, shall be appointed for a term of office of three years and the other
successor shall be appointed for a term of office of four years. One of the successors to the two members whose terms of office shall expire in January, 1980, shall be appointed for a term of office of five years and the other successor shall be appointed for a term of office of four years. Thereafter, all future successors to such members shall be appointed for terms of office of five years.

(b) Members of the Commission shall serve until their succes sors are appointed and qualified. Vacancies on the Commission shall be filled by appointment of a successor by the Governor, with the approval of the Secretary of State, for the unexpired term of office. Four members shall constitute a quorum for the transaction of any business of the Commission. The Commission shall organize by electing from its members a chairman and may do all things neces sary and convenient to carry into effect the provisions of this Chapter and may, from time to time, promulgate necessary rules and regulations to carry out the provisions of this Chapter. The Commission shall meet at least once a month, or as often as is necessary, and remain in session as long as the chairman thereof shall deem it necessary to give full consideration to the business be fore the Commission. Members of the Commission or others may be designated by the chairman of the Commission, in a spirit of coopera tion and coordination, to confer with similar commissions of other states and attend interstate meetings and generally do such acts and things as may to the Commission seem advisable in the ad vancement of the profession and the standards of the real estate business. Every member of the Real Estate Commission shall receive as compensation for each day actually spent on the work of the Commission and time actually required in traveling to and from its meetings, not to exceed one day's traveling time, the sum or sums

THURSDAY, MARCH 2, 1978

2319

as are riow fixed by law, and he shall also receive, in addition thereto, his actual necessary expenses incurred while engaged in the work of the Commission. Said Real Estate Commission is em powered to employ such assistants or employees as are necessary to do the work of the Commission and the Commission is empow ered to employ and dismiss such persons and to fix the compensa
tion of such assistants or employees."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Starr of the 44th moved that the Senate agree to the House substitute to SB 407.

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
Dean of 31st
Doss
Eldridge
Evans
Fincher

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

Reynolds Robinson Scott Shapard Starr Stephens Stumbaugh
Sutton
Thompson
Timmons
Traylor
Turner
Tysinger
Walker
Wessels

Those not voting were Senators:

Barker Coverdell
Dun can English

Johnson Lester Riley (excused conferee)

Russell Summers Tate

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 407.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

JOURNAL OF THE SENATE,
The following general bill of the House, favorably reported by the com mittee, was read the third time and put upon its passage:
HB 1774. By Representatives Hatcher of the 131st and Steinberg of the 46th:
A bill to amend an Act known as the "Children and Youth Act" so as to authorize the Department of Human Resources to inspect and copy records of law enforcement agencies and courts pertaining to juvenile offenders; to provide for limited disclosure of records on juveniles committed to said Department. 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:

Aligood Ballard Banks Barnes Bell Bond Brantley Brown of 47th Carter Dean of 31st Doss Dun can Eldridge Evans Fincher Foster

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

Riley Robinson
Scott Shapard Starr Stumbaugh Summers
Sutton Thompson Timmons Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Barker Broun of 46th (excused conferee) Coverdell

English Holloway (presiding) Hudgins

Russell Stephens Tate

On the passage of the bill, the yeas were 46, nays 1.

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

THURSDAY, MARCH 2, 1978

2321

The following bill of the Senate was taken up for the purpose of considering the House action thereto:

SB 425. 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 provide for exceptions under certain circumstances; to continue certain regulations; to provide exceptions.

The House substitute to SB 425 was as follows:
A BILL
To be entitled an Act to amend an Act prohibiting full-time ap pointive officials and employees of the State from engaging in certain transactions affecting the State, approved February 13, 1956 (Ga. Laws 1956, p. 60), as amended, particularly by an Act approved March 23, 1977 ('Ga. Laws 1977, p. 813), so as to provide for exceptions under certain circumstances; to continue certain regulations; to provide ex ceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act prohibiting full-time appointive officials and employees of the State from engaging in certain transactions affecting the State, approved February 13, 1956 (Ga. Laws 1956, p. 60), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 813), is hereby amended by inserting in Section 1 immediately following the word "psychologist", wherever it appears in said Section, the following:
"or registered nurse or licensed practical nurse",
so that when so amended, Section 1 shall read as follows:
"Section 1. It shall be unlawful for any full-time appointive State official or employee to contract to buy from or sell to the State of Georgia any real or personal property, goods or services, or a combination thereof, when such purchase or sale would benefit or be likely to benefit, such official or employee, provided, that upon compliance with the conditions and procedures set forth hereinafter, a chaplain employed full time by the State, or a physician, dentist or psychologist or registered nurse or licensed practical nurse licensed by the State of Georgia, and employed full time by the State, may sell his services to another department, agency, com mission or authority of the State, on a part-time basis. The exclusive procedure to be followed in such instances is as follows:
(1) The chief executive officer of the department, agency, commission or authority which desires to obtain the services of a

2322

JOURNAL OP THE SENATE,

chaplain or a licensed physician, dentist or psychologist or registered nurse or licensed practical nurse presently employed full time by another department, agency, commission or authority of the State, shall certify in writing the need for the services and set forth why the best interest of the State will be served by obtaining the part-time services of such a person in lieu of obtaining such services from a person not presently employed by the State.

(2) The chief executive officer of the department, agency, commission or authority presently employing the chaplain or licensed physician, dentist or psychologist or registered nurse or licensed practical nurse on a full-time basis, shall certify in writing that the person whose services are desired is available to perform such services, that the performance of such services will not detract or have a detrimental effect on the performance of said person's fulltime employment, and where appropriate, that the part-time employment of such person by the department, agency, commission or authority desirous of obtaining the services will be in the best interest of the State.

(3) The departments, agencies, commissions or authorities, after having accomplished (1) and (2) above shall, by agreement, establish the procedures under which the employee shall perform the additional services. The agreement shall specify the means of em ployment, either as a part-time employee or as a consultant, the compensation, and other pertinent details and conditions of the employment relationship. The agreement shall be terminable at any
time by either of the departments agencies, commissions or au thorities."

Section 2. This Act shall in no way amend or repeal any statute or regulation promulgated pursuant thereto pertaining to the Merit System of Personnel Administration.

Section 3. This Act shall not prevent the Georgia Building Au thority from part-time employment of custodial and cleaning workers who work for other departments of State government.

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

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 425.

On the motion, 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

THURSDAY, MARCH 2, 1978

2323

Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English Evans Fincher Foster Greene Hill

Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Scott Shapard Starr Stephens Stumbaugh Sutton Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Gillis Holloway (presiding) Hudgins

Robinson Russell

Summers Tate

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 425.

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

HB 1797. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Code Title 88, known as the "Georgia Health Code", so as to insure that adequate health care services and facilities are developed in an orderly and economical manner and available to all citizens, and to meet the requirements of and to implement the Na tional Health Planning and Resources Development Act of 1974 (Public Law 93-641).
Senate Sponsor: Senator Howard of the 42nd.

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

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

2324
Fincher Foster Gillis Greene Howard Hudson Kennedy Kidd Langford Lester

JOURNAL OF THE SENATE,

McGill Overby Paulk
Pearce Riley Robinson Russell Scott Shapard

Starr Sutton
Tate Thompson Timmons Traylor Turner Tysinger Walker

Voting in the negative were Senators Dean of 6th and Hill.

Those not voting were Senators:

Holloway (presiding) Hudgins Johnson

Reynolds Stephens Stumbaugh

Summers Wessels

On the passage of the bill, the yeas were 46, nays 2.

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

HB 1836. By Representative Kemp of the 139th:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to change certain provisions relating to abrogation. Senate Sponsor: Senator Allgood of the 22nd.

Senator Pearce of the 16th offered the following amendment:
Amend HB 1836 by striking the word "abrogation" on line 5, Page 1, and substituting in lieu thereof the word "subrogration".

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, 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 Duncan Eldridge English Evans Fincher Foster Gillis Greene Hill

THURSDAY, MARCH 2, 1978

2325

Howard Hudgins Hudson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds Riley Russell

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

Those not voting were Senators:

Bond Holloway (presiding) Johnson

Langford Robinson

Timmons Walker

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

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

HB 1839. By Representative Greer of the 43rd:
A bill to amend an Act known as the "Development Authority Law" 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 un employment.
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 Bond Brantley

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

Eldridge English Fincher Foster Gillis Greene Howard Hudgins

2326
Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds

JOURNAL OF THE SENATE,

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers

Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Evans.

Those not voting were Senators:

Hill

Holloway (presiding)

Langford

On the passage of the bill, the yeas were 52, nays 1.

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

HB 1845. By Representatives Tuten of the 153rd, Foster and Wheeler of the 152nd and others:
A bill to fix the terms of the Superior Courts of the Brunswick Judicial Circuit in the counties comprising said circuit. Senate Sponsor: Senator Dean of the 6th.

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

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 Hudgins Hudson Johnson Kennedy

Kidd Lester McGill Overby Paulk Pearce Reynolds Robinson Russell Scott Shapard Starr Stumbaugh Summers

Button Tate Thompson

THURSDAY, MARCH 2, 1978

2327

Timmons Traylor Turner

Tysinger Walker

Those not voting were Senators:

Duncan Holloway (presiding) Langford

Riley (excused conferee)

Stephens Wessels

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

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

The following bill of the Senate was taken up for purpose of considering the House action thereto:

SB 509. By Senator Greene of the 26th:
A bill to amend Code Section 45-323, relating to game and fish license or permit denial, revocation, suspension and nonrenewal, so as to require denial, revocation, suspension, or nonrenewal under certain circumstances; to change the maximum period of revocations, suspen sions, nonrenewals and denials; to direct the adoption of rules; to provide standards; to provide that certain acts are unlawful; to provide penalties.

The House substitute to SB 509 was as follows:
A BILL
To be entitled an Act to amend Code Section 45-323, relating to game and fish license or permit denial, revocation, suspension, and nonrenewal, so as to require denial, revocation, suspension, or nonrenewal under certain circumstances; to change the maximum period of revoca tions, suspensions, nonrenewals, and denials; to direct the adoption of rules; to provide standards; to provide that certain acts are unlawful; to provide 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. Code Section 45-323, relating to game and fish license or permit denial, revocation, suspension and nonrenewal, is hereby amended by striking said Section in its entirety and substituting in lieu thereof a new Code Section 45-323, to read as follows:

2328

JOURNAL OF THE SENATE,

"46-323. License or Permit Denial, Revocation, Suspension, or Nonrenewal. (a) Upon a determination by the Commissioner that a person has violated any provision of this Title or any rule or regulation promulgated pursuant thereto, the Commissioner shall revoke, or suspend, with the concurrence of a majority of the Board of Natural Resources, any license or permit or both required by the provisions of this Title which is held by such person, for a period of up to 3 years following the determination of such violation, the length of the period of revocation or suspension in each instance to be determined pursuant to rules promulgated by the Board as provided for in subsection (e) of this Section. During the period of any such revocation or suspension, the Commissioner shall deny or refuse to renew any license or permit or both required by this Title which is applied for by the person whose license has been so revoked or suspended. Provided, however, the license or permit, or both, to be revoked, 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 both, 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 application for such license or permit, or both, or to the Secretary of State as provided in Section 45-322. Such proposed revocation, suspension, denial, or nonrenewal shall become final thirty (30) days after issuance if not appealed as provided in this Section.

(b) In the event any person who is an employee, agent or representative of a licensee or permittee or applicant for a license or permit or both, engages in the licensed or permitted activity pursuant to the authority of the license or permit of such licensee or permit tee or applicant for a license or permit or both, and violates any provision of this Title or any rule or regulation promulgated pursuant thereto, the Commissioner may revoke, suspend, deny or refuse to renew a license or permit in accordance with the pro visions of this Section.

(c) 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 administrative review thereof, shall be conducted in accordance with an Act known as the 'Georgia Admin istrative Procedure Act', approved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended; provided, however, any administrative review of the initial decision of such hearing officer and the final order or action of the Board shall be by 3 members of the Board selected by the Board, to be known as the Administrative Review Committee.

(d) Any person who has exhausted all administrative rem
edies available and who is aggrieved or adversely affected by a final order or action of the Administrative Review Committee of the Board is entitled to judicial review as provided in an Act known as the 'Georgia Administrative Procedure Act', approved

THURSDAY, MARCH 2, 1978

2329

March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended.

(e) The Board shall promulgate and adopt reasonable rules specifying the period of revocation or suspension of a license or
permit or both for violation of a provision of this Title or of any rule or regulation promulgated pursuant to this Title. The period of revocation or suspension shall be based upon the seriousness of the offense. Determination of the seriousness of the offense shall in clude, but not be limited to, consideration of the following:

(1) Degree of disregard for the health, safety and property of others.

(2) Degree of disregard of the law or rules and regulations promulgated pursuant to the law.

(3) Number of violations involved in each instance.

(4) Degree of potential damage to the resources of this State.

(5) The benefit to the violator from such violation.

(f) (1) It shall be unlawful for any person to violate any pro vision of this Title or any rule or regulation promulgated pursuant to this Title during any period of time during which the person's license or permit is revoked or suspended pursuant to this Section for the same or substantially the same violation.

(2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor and, upon first conviction thereof, shall be punished as for a misdemeanor.

(3) Any person violating the provisions of this subsection for a second or subsequent time shall be guilty of a felony and, upon conviction thereof, shall be punished as for a felony."

Section 2. The provisions of this Act shall take effect January 1, 1979, except that those provisions of this Act authorizing the promulga tion of rules shall take effect upon becoming law.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Greene of the 26th moved that the Senate agree to the House substitute to SB 509.
On the motion, a roll call was taken, and the vote was as follows:

2330

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 Dean of 6th Dean of 31st Doss Duncan Eldridge English

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

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

Those not voting were Senators:

Coverdell Holloway (presiding) Hudgins

Riley (excused conferee)

Stephens Wessels

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 509.

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 1846. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act establishing a Department of Community Affairs and providing for its powers, duties and functions, so as to change certain provisions relative to the payment of the expenses of the members of the Board of Community Affairs. 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

THURSDAY, MARCH 2, 1978

2331

Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English Evans Foster Gillis Greene

Hill Howard Hudson Johnson Kennedy Kidd McGill Overby Paulk Pearce Reynolds Robinson Russell

Scott Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker

Those not voting were Senators:

Fincher Holloway (presiding) Hudgins Langford

Lester Riley (excused conferee)

Stephens Wessels

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1953, By Representative Phillips of the 91st: 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 exempt from the reporting requirements certain nonprofit corporations who have previously contracted with the State. Senate Sponsor: Senator Broun of the 46th.
The Senate Committee on Appropriations offered the following amendment:
Amend HB 1953 by inserting on Page 3, line 24, before the word "an", the following:
"an independent auditor or of".

On the adoption of the amendment, the yeas were 31, nays 0, and the amend ment was adopted.

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

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

2332

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

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

Eldridge Foster Greene Hill Howard Hudson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds

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

Those not voting were Senators:

Banks Duncan English Evans Fincher

Gillis Holloway (presiding) Hudgins Johnson Langford

Riley (excused conferee) Shapard (excused conferee) Stumbaugh
Wessels

On the passage of the bill, the yeas were 42, nays 0.

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

HB 1967. 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" so as to authorize the approval of county or private projects for which loans or grants under any Federal Act are made; to provide updated citations to the federal law relating to the construction grants program. Senate Sponsor: Senator Starr of the 44th.

The Senate Committee on Natural Resources and Environmental Quality offered the following amendment:
Amend HB 1967 by adding on Page 4, line 30, immediately following the word "Engineers", the following:
"as to which a public hearing has been held".

On the adoption of the amendment, the yeas were 32, nays 0, and the amend ment was adopted.

THURSDAY, MARCH 2, 1978

2333

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 Dean of 6th Dean of 31st
Doss Duncan Eldridge

English Evans Fincher Foster Hill Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Pearce Reynolds Robinson Russell Scott Shapard Starr Stumbaugh Sutton Tate Timmons Traylor Turner Tysinger Walker

Those not voting were Senators:

Coverdell Gillis Greene Holloway (presiding)

Howard Riley (excused conferee) Stephens

Summers Thompson Wessels

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

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

The President resumed the Chair.

HR 480. By Representatives Murphy of the 18th, Connell of the 87th and Snow of the 1st:
A resolution amending a Resolution creating the "Select Committee on Constitutional Revision", approved March 30, 1977, so as to change the provisions relative to study committees; to change the provisions relative to allowances for members of the Select Committee and study committees; to provide for other matters relative thereto; to provide an effective date.
Senate Sponsor: Senator Holloway of the 12th.

2334

JOURNAL OF THE SENATE,

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

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 Hill Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

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

Those not voting were Senators:

Bond Dean of 6th Gillis

Greene Holloway (excused conferee)

Riley (excused conferee) Stephens Wessels

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 506. By Representatives Coleman of the 118th, Walker of the 115th, Jessup of the 117th and others:
A resolution designating certain highways as the "Golden Isles Highway" and the "Golden Isles Connector". Senate Sponsor: Senator Dean of the 6th.

Senator Hudgins of the 15th offered the following amendment:
Amend HR 506 by adding on Page 2 after line 8, the following:
"WHEREAS, Honorable Franklin Delano Roosevelt, the 32nd President of the United States, has a home near Warm Springs, Georgia, which is now a museum; and

THURSDAY, MARCH 2, 1978

2336

WHEREAS, President Roosevelt spent a great deal of time at his Georgia home working to overcome a crippling illness; and

WHEREAS, President Jimmy Carter, the 39th President of the
United States, became the first resident of this State to be accorded the honor and privilege of serving as Chief Executive of these United States; and

WHEREAS, President Carter was born on October 1, 1924, in Plains, Georgia, lived there until his recent move to the White House and currently maintains a residence there; and

WHEREAS, a tourist center has also been constructed near Plains, Georgia; and

WHEREAS, this State's most illustrious citizens, past and present, could be honored and visitors to this State would be ap propriately reminded of this State's most distinguished citizens and
their homes by designating a portion of the highway system of the State as the 'Presidential Route'; and

WHEREAS, that portion of the highway system is more par ticularly described as follows:

'From the point of the intersection of the Interstate 75 and U.S. Highway 82 in Tifton, Georgia, westerly on U. S. Highway 82 to the intersection of said highway with U. S. Highway 19 in Albany, Georgia; then northerly on U. S. Highway 19 to the intersection of said highway with U. S. Highway 280 near Americus, Georgia; then westerly on U. S. Highway 280 by the State's newest Welcome Center to Plains, Georgia; then westerly on U. S. Highway 280 to Richland, west on Ga. High way 27 to the intersection of said highway with U. S. Highway 27 in Lumpkin, Georgia; then northerly on U. S. Highway 27 to the intersection of said highway with U. S. Highway 27 Alternate in Columbus, Georgia; then northerly on U. S. Highway 27 Alternate to the intersection of said highway with Interstate 85 near Newnan, Georgia.';
and
WHEREAS, the above described portion of the highway system in this State is in excellent condition and has beautiful surrounding countryside; and
WHEREAS, such a designation of this portion of the highway system would more effectively divert traffic from overcrowded Interstate 75; and
WHEREAS, Franklin D. Roosevelt State Park was named after President Roosevelt and is the largest State park in Georgia and it would be advantageous to designate as an alternate portion of the 'Presidential Route' a scenic drive through this outstanding State park; and

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JOURNAL OF THE SENATE,

WHEREAS, said alternate route is more particularly described as follows:

'Beginning at Warm Springs and going south on State Route 85W to the point where it intersects with State Route 190; then west on State Route 190 to State Route 354; then north west on State Route 354 to State Route 18; then northeast on State Route 18 to its intersection with U. S. Route 27 Alter nate.' ;
and
WHEREAS, it would be advantageous to designate as an alter nate portion of the 'Presidential Route' a route through Cordele with its outstanding agricultural environment and its other many attractions; and

WHEREAS, said alternate route is more particularly described as follows:
'From the point of the intersection of U. S. Highway 19 and U. S. Highway 280 near Americus, Georgia, easterly on U. S. Highway 280 to the intersection of said highway with Inter state 75 near Cordele, Georgia, then southerly on Interstate 75 to Tifton, Georgia.';"
and
by adding on Page 3 after line 6, the following:

"NOW, THEREFORE, BE IT RESOLVED BY THE GEN ERAL ASSEMBLY OF GEORGIA that the first above described portion of the highway system of Georgia is hereby designated as the 'Presidential Route', the second described portion is hereby designated as the 'Alternate Presidential Route' and the third de scribed portion is hereby designated as the 'Southern Alternate Presidential Route'."
BE IT FURTHER RESOLVED that the State Department of Transportation is hereby authorized and directed to erect appro priate signs and markers along such portions of the highways making up the 'Presidential Route' and along Interstate 75 and In terstate 85 preceding the intersections with the 'Presidential Route'. Said Department is also authorized and directed to erect appropriate signs and markers so as to properly designate the 'Alternate Presi dential Route' and the 'Southern Alternate Presidential Route'. The Department shall not be authorized to change the names of any streets along such route."
and
by adding on Page 1, line 2, after the word "connector;", the following:

"and designating a portion of the highway system in this State as the 'Presidential Route';".

THURSDAY, MARCH 2, 1978

2337

On the adoption of the amendment, the yeas were 11, nays 28, and the amend ment was lost.

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 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 Johnson Kennedy Kidd Langford Lester McGill
Overby Paulk Reynolds Riley

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

Those not voting were Senators :

Bell Bond Coverdell

Duncan Holloway
(excused conferee)

Pearce Shapard
(excused coi

On the adoption of the resolution, the yeas were 49, nays 0.

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

HR 586. By Representatives Beck of the 148th, Adams of the 79th and Patten of the 146th: Senate Sponsor: Senator Barker of the 18th.
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the publication of a summary of each proposed general amendment to

2338

JOURNAL OF THE SENATE,

the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article XII, Section I, Paragraph I of the Constitution is hereby amended by striking the second paragraph which reads as
follows:

"The Governor, the Attorney General, and the Secretary of
State shall meet and determine whether a proposed amendment is general, and if not general, shall determine what political subdi vision or subdivisions are directly affected by such proposed amend ment. If a proposed amendment is general, it shall be published, as provided by law in full, once each week for three consecutive weeks immediately preceding the date of the election at which such pro posed amendment is to be submitted, in one newspaper of general circulation in each Congressional District of the State. If such pro posed amendment is not general, it shall be published, as provided by law, in full, once each week for three consecutive weeks immedi
ately preceding the date of the election at which such proposed amendment is to be submitted, in one newspaper of general circu lation in each county in which the directly affected political subdi vision or subdivisions are located. In the event no such newspaper is located in such county, a newspaper in an adjoining county shall be used. A proposal for a new Constitution shall be published in the same manner as proposed general amendments.",

and inserting in lieu thereof the following :

"The Attorney General, the Legislative Counsel and the Secre tary of State shall determine whether a proposed amendment is general, and if not general, shall determine what political sub division or subdivisions are directly affected by such proposed amendment. If a proposed amendment is general, a summary of such proposal shall be published in the official organ of each county and,
if deemed advisable by the 'Constitutional Amendments Publication Board', in not more than 20 other newspapers in the State which
meet the qualifications for being selected as the official organ of a county. Said Board shall be composed of the Governor, the Lieu tenant Governor and the Speaker of the House of Representatives and shall designate the additional newspapers, if any, in which such
summary shall be published. The summary shall be prepared by
the Attorney General, the Legislative Counsel and the Secretary of State. Such summary shall be published once each week for three consecutive weeks immediately preceding the date of the election
at which such proposed amendment is to be submitted. A copy of the entire proposed amendment shall be filed in the office of the judge of the probate court of each county and shall be available
for public inspection. If such proposed amendment is not general, it shall be published in full once each week for three consecutive
weeks immediately preceding the date of the election at which such proposed amendment is to be submitted in any newspaper

THURSDAY, MARCH 2, 1978

2339

with a paid circulation which exceeds that of the official organ or in the official organ of each county in which the directly affected political subdivision or subdivisions are located. A proposal for a new Constitution shall be published in the same manner as a pro posed general amendment. The General Assembly is hereby autho rized to provide by law for additional matters relative to the pub lication and distribution of proposed amendments and summaries not in conflict with the provisions of this Paragraph."
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 pro vide for the application of a summary of each
( ) NO proposed general amendment to the Constitu tion?"

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

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

The Senate Committee on Rules offered the following amendment:
Amend HR 586 by adding before the sentence, "A proposal for a new Constitution shall be published in the same manner as a proposed general amendment.", the following:
"The 'Constitutional Amendments Publication Board' shall designate whether the official organ or another newspaper shall be selected for such publication."

On the adoption of the amendment, the yeas were 1, nays 29, and the amend ment was lost.

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

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

2340

JOURNAL OP THE SENATE,

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 Eldridge Evans

Pincher Foster Greene Hill
Howard Hudson Johnson
Kidd Langford Paulk Pearce Riley Robinson Russell

Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Wessels

Those voting in the negative were Senators:

Allgood Brown of 47th English Gillis

Kennedy Lester McGill Overby

Reynolds Scott Tysinger Walker

Those not voting were Senators:

Bond Duncan

Holloway (excused conferee)

Hudgins

On the adoption of the resolution, the yeas were 40, nays 12.

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

Senator Eldridge of the 7th gave notice that, at the proper time, he would move that the Senate reconsider its action in adopting HR 586.

HR 638. By Representatives Hutchinson of the 133rd, Murphy of the 18th, Harris of the 60th and others:
Senate Sponsor: Senator Carter of the 14th.
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a health insurance plan for retired public school teachers; to authorize the General Assembly to ap propriate funds for the administration of the plan and to finance the employer contributions; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

THURSDAY, MARCH 2, 1978

2341

Section 1. Article III, Section VIII, Paragraph XII of the Consti
tution of 1976 is hereby amended by adding a new paragraph 9. at the end thereof to read as follows:

"9. Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for a health insurance plan for retired public school teachers. The Gen
eral Assembly shall be authorized to appropriate funds to finance the administration of the plan and the employer contributions of such retired persons."

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 au thorize the General Assembly to provide by law
( ) NO for a health insurance plan for retired public school teachers and to further authorize the General Assembly to appropriate funds to fi nance the administration of the plan and the em ployer contributions of such retired persons?"

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 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 Hill Howard Hudson Johnson Kennedy Kidd

2342
Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson

JOURNAL OF THE SENATE,

Russell Scott
Shapard Starr Stephens Stumbaugh
Summers
Button

Tate Thompson
Timmons Traylor Turner Tysinger
Walker
Weseltj

Those not voting were Senators:

Bond Duncan

Holloway (excused conferee)

Hudgins

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.

The following bill of the Senate was taken up for the purpose of considering the House action thereto:

SB 513. By Senators Banks of the 17th, Holloway of the 12th, Starr of the 44th and others:
A bill to amend Code Chapter 56-3, relating to authorization of in surers and general requirements for doing business in this State, so as to require certain insurers and self-insurers providing product liability insurance to make certain annual reports concerning product liability insurance experience.

The House substitute to SB 513 was as follows:
A BILL
To be entitled an Act to amend Code Chapter 56-3, relating to au thorization of insurers and general requirements for doing business in this State, so as to require certain insurers and self-insurers pro viding product liability insurance to make certain annual reports con cerning product liability insurance experience; to provide for other matters relative thereto; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 56-3, relating to authorization of insurers and general requirements for doing business in this State, is hereby

THURSDAY, MARCH 2, 1978

2343

amended by adding a new Code Section after Code Section 56-319, to be designated Code Section 56-319.1, to read as follows:

"56-319.1. Insurers providing product liability insurance or other lines of insurance in this State; reports required. On or before March 1 of each year commencing in 1979 or at such other dates as the Commissioner may require, each insurer authorized to transact product liability insurance or to provide excess insurance above self-insured retention to one or more manufacturers, wholesalers, distributors or retailers or to transact other lines of insurance in this State shall provide the Commissioner with such reports of its
affairs and operations regarding insurance covering insured per sons, resident or located in this State, for the last preceding calendar year ending on December 31 or for other periods of time as the
Commissioner may require. These reports shall be made in such form and shall contain such information as the Commissioner may by regulation or by order from time to time prescribe which as to product liability insurers may include but shall not be required to be limited to the following information:

(1) The total number of product liability claims, broken down by:
(A) The type or category of claims; and

(B) Whether the claims were:

(i) Reported during a prior period and closed during the re porting period.

(ii) Reported and closed during the reporting period,

(iii) Reported and not closed during the reporting period.

(2) The total amount paid in settlement or discharge of the claims for each type or category of claims.

(3) The total amount of reserves available to pay those product liability claims which were reported for the last preceding year; provided however that the information on reserves shall be required to be maintained by the Insurance Commissioner in confidence ex cept that summaries of the combined totals of such reserves shall be subject to inspection by members of the General Assembly upon
request.

(4) The total amount of premiums received from insured per sons, resident or located in this State, which is attributable to product liability insurance and which must be classified separately with respect to manufacturers, wholesalers or distributors, and re tailers.
(5) The total number of insured persons, resident or located in this State, for which such product liability insurance has been

2344

JOURNAL OP THE SENATE,

provided which must be classified separately with respect to manu facturers, wholesalers or distributors, and retailers.

(6) The total number of insured persons, resident or located in this State, whose product liability insurance coverage the insurer cancelled or refused to renew and the reasons therefor which must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers.

(7) The total number of insured persons, resident or located in this State, who failed to renew their product liability insurance
policies during the reporting period which information must be classified separately with respect to manufacturers, wholesalers or
distributors, and retailers."

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 Banks of the 17th moved that the Senate agree to the House substitute to SB 513.

On the motion, 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 Langford Lester McGill Overby Paulk Pearce Reynolds
Riley

Those not voting were Senators:

Duncan

Holloway (excused conferee)

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

THURSDAY, MARCH 2, 1978

2345

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 513.

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 2023. By Representative Adams of the 79th:
A bill to levy and impose a sales and use tax of one percent, in addi tion to all other taxes of every kind now imposed by law, on all items, uses, and transactions subject to the provisions of the Georgia Re tailers' and Consumers' Sales and Use Tax Act that occur in the County of Upson.

SB 465. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend an Act creating the Department of Industry and Trade, as amended, so as to delete criteria for membership on the Board of Industry and Trade; to provide for an effective date.
SB 505. By Senator Holloway of the 12th:
A bill to provide for a program for elderly citizens of this State to at tend units of the University System of Georgia without payment of fees with certain exceptions; to provide for a short title; to provide for other matters relative to the foregoing; to provide conditions for the effectiveness of this Act; to provide an effective date.

SB 506. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to provide authorization for solar easements; to provide for a short title; to provide a method of establishing a solar easement; to provide for the contents of a solar easement; to provide for severability; to provide an effective date.

SB 556. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act," as amended, so as to provide for the enrollment of selected individuals who are 16 or 17 years of age into adult education programs in Georgia; to provide for matters relating thereto; to pro vide an effective date.

2346

JOURNAL OF THE SENATE,

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

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 the said severed tracts or interests therein into a new Lease between the State of Georgia, acting by and through the State Properties Control Commission.
HR 776. By Representative Adams of the 79th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to impose a sales and use tax of one percent on all items, uses and transactions now subject to the provisions of the Georgia Retailers' and Consumers' Sales and Use Tax Act that occur in the County of Upson.
SR 329. By Senator Brown of the 47th:
A resolution authorizing the sale and conveyance by the State of Geor gia, acting by and through the State Properties Commission, herein after throughout this Resolution sometimes referred to as the "Commis sion," of certain State-owned real property, hereinafter throughout this Resolution referred to as "the 9th Street Property."
SR 335. By Senator Brown of the 47th:
A resolution authorizing the sale and conveyance by the State of Georgia, acting by and through the State Properties Commission, here inafter throughout this Resolution sometimes referred to as the "Com mission," of all of that certain real property owned by the State of Georgia, hereinafter throughout this Resolution referred to as "the llth Street Property."

The President designated Senator Gillis of the 20th to assume the Chair.

The following general resolutions and bills of the House, favorably reported by the committees, were read the third time and put upon their adoption:

HR 665. By Representative Collins of the 144th:
A resolution authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia. Senate Sponsor: Senator Sutton of the 9th.

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

THURSDAY, MARCH 2, 1978

2347

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Banks Duncan Evans Fincher

Gillis (presiding) Holloway (excused conferee)

Shapard (excused conferee) Starr

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 724. By Representatives Murphy of the 18th, Harris of the 8th, Collins of the 144th and Snow of the 1st:
Senate Sponsor: Senator Broun of the 46th.
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Appropriations Act to continue in force and effect until another General Appropriations Act is adopted; 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 X, Paragraph V of the Constitution is hereby amended by striking paragraph (a) which reads as follows:

2348

JOURNAL OP THE SENATE,

"(a) Each General Appropriations Act, now of force or here after adopted with such amendments as are adopted from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall then expire except for the mandatory appro priations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and the con tinued appropriation of Federal grants.",
in its entirety and inserting in lieu thereof a new paragraph (a) to read as follows:
"(a) Each General Appropriations Act, with such amend ments as are adopted from time to time, shall continue in force and effect for each fiscal year thereafter until another General Ap propriations Act is adopted."
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 au thorize the General Appropriations Act to con-
( ) NO tinue in force and effect until another General Appropriations Act is adopted?"

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 Broun of the 46th moved that HR 724 be postponed until March 3.

On the motion, the yeas were 32, nays 0; the motion prevailed, and HR 724 was postponed until March 3.

HB 1518. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to provide for credit for out-of-state service. Senate Sponsor: Senator Starr of the 44th.

Senator Starr of the 44th moved that HB 1518 be committed to the Committee on Retirement.

THURSDAY, MARCH 2, 1978

2349

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 1518 was committed to the Committee on Retirement.

HB 1708. By Representatives Harrison of the 20th and Coleman of the 118th:
A bill to amend an Act authorizing special agents and enforcement of ficers of the Revenue Department to have certain law enforcement powers in the enforcement of liquor, wine and beer laws. Senate Sponsor: Senator Barker of the 18th.

Senators Barnes of the 33rd and Thompson of the 32nd offered the following substitute to HB 1708:
A BILL
To be entitled an Act to provide employment classifications and mini mum pay grades for those enforcement officers of the Alcohol and Tobacco Tax Division of the Department of Revenue who are under the State Merit System; to provide for other matters relative thereto; to amend an Act authorizing special agents and enforcement officers of the Revenue Department to have certain law enforcement powers in the enforcement of liquor, wine and beer laws, approved March 15, 1963 (Ga. Laws 1963, p. 135), so as to authorize special agents and enforce ment officers to assist local authorities in criminal cases and in the prevention of crime under certain conditions; to provide for clarifica tion; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. (a) During the fiscal year beginning July 1, 1978, and in each fiscal year thereafter, enforcement officers of the Alcohol and Tobacco Tax Division of the Department of Revenue who are under the State Merit System shall be subject to the following employment classification plan and shall be compensated on not less than the follow* ing Merit System pay grades:
(1) Agent or Private __.__.________-__Pay Grade 16.
(2) Special Agent or Private First Class _...__Pay Grade 17.
(3) Special Agent I or Corporal ______-_.Pay Grade 18.
(4) Special Agent II or Sergeant ._.___------Pay Grade 19.
(5) District Supervisor or Lieutenant ....__._Pay Grade 20.
(6) Region Supervisor or Captain --...._........._.Pay Grade 22.
(b) The above enforcement personnel, being in the classified serv ice under the State Merit System of Personnel Administration, shall be subject to the rules and regulations of such System except that the em ployment classification plan and the minimum pay grades listed above and the amounts represented by such pay grades shall not be reduced.

2350

JOURNAL OP THE SENATE,

(c) With respect to enforcement officers employed by the Alcohol and Tobacco Tax Division on July 1, 1978, the minimum pay grade pro vided in subsection (a) shall be adjusted so as to provide that each such officer shall have the same step in the minimum pay grade pro vided in subsection (a) as the officer has in the pay grade pursuant to which the officer is compensated on June 30, 1978.

Section 2. An Act authorizing special agents and enforcement of ficers of the Revenue Department to have certain law enforcement pow ers in the enforcement of liquor, wine and beer laws, approved March 15, 1963 (Ga. Laws 1963, p. 135), is hereby amended by adding between Section 1 and Section 2 a new Section to be designated Section 1A to read as follows:

"Section 1A. Upon the request of the governing authorities of any municipality, or of the sheriff of any county, or of the judge of the superior court of any county of this State or of the Governor of this State, the State Revenue Commissioner, in un usual circumstances, may, and in the case of an order from the Governor of Georgia shall, direct special agents and enforcement officers of the State Department of Revenue to render assistance in any criminal case, or in the prevention of violations of law or in detecting and apprehending those violating any criminal laws of this or any other state or the United States. This Section shall not only apply to agents who enforce the liquor, wine and beer laws but to all agents of the Department of Revenue with law enforce
ment powers."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 29, nays 6, 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:

Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st

Doss Eldridge Evans Foster Hill Howard Hudgins Hudson Johnson Kennedy

Kidd Langford Lester McGill Overby Paulk Reynolds Riley Robinson Scott

THURSDAY, MARCH 2, 1978

2351

Stephens Stumbaugh Summers

Sutton Thompson Traylor

Turner Wessels

Those voting in the negative were Senators:

Allgood Ballard Broun of 46th

Greene Starr

Tysinger Walker

Those not voting were Senators:

Banks Duncan English Fincher Gillis (presiding)

Holloway (excused conferee) Pearce Russell

Shapard (excused conferee) Tate Timmons

On the passage of the bill, the yeas were 38, nays 7.

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the Senate:

SB 533. By Senator Duncan of the 30th:
A bill to amend an Act providing for liability insurance for State em ployees operating State-owned motor vehicles, as amended, so as to provide for liability coverage under State insurance policies, for certain nonprofit agencies and their employees which furnish services under contracts with the Department of Human Resources, for damages arising out of the use of State-owned vehicles by such agencies and employees.

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

HR 827. By Representatives Hawkins of the 50th, Richardson of the 52nd, Isakson of the 20th and others:
A resolution expressing appreciation to and commending Louise Davis Davison.

2852

JOURNAL OF THE SENATE,

SR 283. By Senators Shapard of the 28th, Duncan of the 30th, Turner of the 8th and others:
A resolution creating the Services for the Aged Study Committee.

The following general resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:

HR 81. By Representatives Tolbert of the 56th, Richardson of the 52nd, Linder of the 44th and others:
Senate Sponsor: Senator Button of the 9th.
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes on aquatic pleasure craft; to provide for the submission of this amendment for rati fication or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VII, Section I, Paragraph III of the Constitution is hereby amended by adding a new paragraph at the end thereof, to read as follows:
"The General Assembly may provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes on aquatic pleasure craft and shall be authorized to enact legislation consistent herewith to prevent any person, firm or cor poration from escaping payment of their fair share of ad valorem taxes on said aquatic pleasure craft."
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 the General Assembly to provide for a different
( ) NO method and time of returns, assessments, payment and collection of ad valorem taxes on aquatic plea sure craft?"
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".

THURSDAY, MARCH 2, 1978

2353

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 Wessels of the 2nd offered the following substitute to HR 81:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes on aquatic pleasure craft; to provide for the submission of this amendment for ratification or rejection; proposing an amendment to the Constitution so as to authorize the General Assembly to provide that the fair market value for ad valorem tax purposes of the homestead of certain residents of Georgia actually occupied by the owner as a residence and homestead shall be the lesser of the fair market value of such property or the fair market value of such property on the first day of January following the year in which the owner becomes 65 years of age or becomes totally and permanently disabled to perform the duties of his ordinary oc cupation or with .respect to persons who are 65 years of age or older or who are totally disabled on the date that this amendment is implemented by general law by the General Assembly, the fair, market value of the property on the first day of January after the date of the implementa tion of the amendment by general law; to provide that the General As sembly shall establish criteria as to which persons and which property are covered by the provisions of this amendment; 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 III of the Consti tution is hereby amended by adding a new paragraph at the end there of, to read as follows:
"The General Assembly may provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes on aquatic pleasure craft and shall be authorized to enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said aquatic pleasure craft."
Section 2. The above proposed amendment to the Constitution con tained in Section 1 of this Resolution shall be published and submitted

2354

JOURNAL OF THE SENATE,

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 au thorize the General Assembly to provide for a
( ) NO different method and time of returns, assess ments, payment and collection of ad valorem taxes on aquatic pleasure craft?"
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.
Section 3. Article VII, Section I of the Constitution of Georgia, is hereby amended by adding at the end thereof a new Paragraph VI, to read as follows:
"Paragraph VI. Fair Market Value of Real Property. Any other provision of this Constitution to the contrary notwithstanding, the General Assembly shall be authorized to provide that the fair market value for ad valorem tax purposes of any homestead of a resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, and on which the owner claims a homestead ex emption under Paragraph IV of this Section, shall be the lesser of (1) the fair market value of such property, or (2) the fair market value of such property on the first day of January following the year in which the owner becomes 65 years of age or becomes totally and permanently disabled to perform the duties of his ordinary occupation, or (3) with respect to persons who are 65 years of age or older or who are totally disabled on the date that this amendment is implemented by general law by the General Assembly, the fair market value of the property on the first day of January after the date of the implementation of the amendment by general law. The General Assembly shall provide by law for the manner of estab lishing eligibility for the valuation provided for in this Paragraph. Said eligibility shall apply to both the persons who shall be eligible and the property which shall be eligible to be covered by the pro visions of the amendment."
Section 4. The above proposed amendment to the Constitution con tained in Section 3 of this Resolution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976.

THURSDAY, MARCH 2, 1978

2355

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to au
thorize the General Assembly to provide that the
fair market value for ad valorem tax purposes of any homestead of a resident of Georgia ac tually occupied by the owner as a residence and ( ) NO homestead shall be the lesser of (1) the fair
market value of such property, or (2) the fair market value of such property on the first day of January following the year in which the owner becomes 65 years of age or becomes totally and permanently disabled to perform the duties of his ordinary occupation, or (3) with respect to persons who are 65 years of age or older who are totally disabled on the date that this amend ment is implemented by general law by the Gen eral Assembly, the fair market value of the property on the first day of January after the date of the implementation of the amendment by general law?"

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 27, nays 6, and the substi tute 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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter

Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Evans Foster Greene Hill

Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester McGill Overby

2356
Paulk Reynolds Riley Robinson Russell Scott

JOURNAL o$ $HE SENATE,

Starr Stephens Stumbaugh Summers Button Thompson

Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators :

Banks English Fincher

Gillis (presiding) Johnson Pearce

Shapard (excused conferee) Tate

On the adoption of the resolution, the yeas were 48, nays 0.

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

Senator Broun of the 46th gave notice that, at the proper time, he would move that the Senate reconsider its action today in passing the following bill of the House:
HB 1708. By Representatives Harrison of the 20th and Coleman of the 118th:
A bill to amend an Act authorizing special agents and enforcement of ficers of the Revenue Department to have certain law enforcement powers in the enforcement of liquor, wine and beer laws.

The following resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:
HR 439. By Representative Savage of the 25th: A resolution compensating Mr. Tom Suther in the amount of $112.36. Senate Sponsor: Senator Broun of the 46th.

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

The resolution, involving an appropriation, 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 Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Evans Foster Greene Hill Howard Hudgins

THURSDAY, MARCH 2, 1978

2357

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

Those not voting were Senators:

Banks English Fincher

Gillis (presiding) Holloway (excused conferee)

Pearce Tate Wessels

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 442. By Representative Hawkins of the 50th:
A resolution compensating Dr. John S. Austin, Jr., in the amount of $250.00. Senate Sponsor: Senator Broun of the 46th.

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

The resolution, involving an appropriation, 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
Coverdell

Dean of 6th Dean of 31st Doss
Duncan Eldridge Evans Foster
Greene Hill Howard
Hudgins

Hudson Johnson Kennedy
Kidd Langford Lester McGill
Overby Paulk Reynolds
Riley

2358
Robinson Russell Scott Shapard Starr

JOtfENAL OP THE SENATE,

Stephens Stumbaugh Summers Sutton Thompson

Timmons Traylor Turner Tysinger Walker

Those not voting were Senators :

Banks English Fincher

Gillis (presiding) Holloway (excused conferee)

Pearce Tate Wessels

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 456. By Representative Horton of the 43rd:
A resolution compensating Mrs. Herbert C. Millkey, Sr., in the amount of $2,871.00. Senate Sponsor: Senator Broun of the 46th.

The Senate Committee on Appropriations offered the following amendment:
Amend HR 456 by striking on Page 1, line 22, the figure "2,871", and inserting in lieu thereof, the figure "181.00".

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 adoption of the resolution as amended, was agreed to.

The resolution, involving an appropriation, 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 Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Evans Foster Greene Hill Howard Hudgins Hudson Johnson

Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds

THURSDAY, MARCH 2, 1978

2359

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh

Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker

Those not voting were Senators:

Banks English Fincher

Gillis (presiding) Holloway (excused conferee)

Pearce Tate Wessels

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 457. By Representative Adams of the 36th:
A resolution compensating Ms. Susan W. Ivey in the amount of $300.00. Senate Sponsor: Senator Broun of the 46th.

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

The resolution, involving an appropriation, 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 Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Evans Foster Greene Hill Howard Hudgins 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

2360

JOURNAL OP THE SENATE,

Those not voting were Senators:

Banks English Fincher

Gillis (presiding) Holloway (excused conferee)

Pearce Tate Wessels

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 475. By Representative Jones of the 126th:
A resolution compensating Mr. Jerry L. Fowler in the amount of $103.98. Senate Sponsor: Senator Broun of the 46th.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as folows:

Those voting in the affirmative were Senators

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

Evans Foster Greene Hill Howard Hudgins 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

Those not voting were Senators :

Banks English Fincher

Gillis (presiding) Holloway (excused conferee)

Pearce Tate Wessels

On the adoption of the resolution, the yeas were 48, nays 0.

THURSDAY, MARCH 2, 1978

2361

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

HR 481. By Representative Jones of the 126th:
A resolution compensating Ms. Pat Kleinhans in the amount of $43.00. Senate Sponsor: Senator Broun of the 46th.

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

The resolution, involving an appropriation, 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 Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Evans Foster Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds

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

Those not voting were Senators:

Banks English Fincher

Gillis (presiding) Holloway (excused conferee)

Pearce Tate Wessels

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 505. By Representative Hawkins of the 50th:
A resolution compensating Mr. Wilson A. Nantz in the amount of $250.00. Senate Sponsor: Senator Broun of the 46th.

2362

JOURNAL OP THE SENATE,

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

The resolution, involving an appropriation, 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 Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Evans Foster Greene Hill Howard Hudgins 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

Those not voting were Senators :

Banks English Fincher

Gillis (presiding) Holloway (excused conferee)

Pearce Tate Weasels

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 511. By Representative Ware of the 68th:
A resolution compensating Mr. Wesley Duffey in the amount of $300.00. Senate Sponsor: Senator Broun of the 46th.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

THURSDAY, MARCH 2, 1978

2363

Those voting in the affirmative were Senators:

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

Evans Foster Greene Hill Howard Hudgins 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

Those not voting were Senators:

Banks English Fincher

Gillis (presiding) Holloway (excused conferee)

Pearce Tate Wessels

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 565. By Representative Kilgore of the 65th:
A resolution compensating Mr. Lewis W. Thomas in the amount of $1,000.00. Senate Sponsor: Senator Broun of the 46th.

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

The resolution, involving an appropriation, 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 Coverdell Dean of 6th

Dean of 31st Doss Duncan Eldridge Evans Foster

2364
Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester

JOURNAL OF THE SENATE,

McGill Overby Paulk Reynolds Riley
Robinson Russell Scott Shapard Starr

Stephens Stumbaugh Summers Sutton Thompson
Timmons Traylor Turner Tysinger Walker

Those not voting were Senators:

Banks English Fincher

Gillis (presiding) Holloway (excused conferee)

Pearce Tate Wessels

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 582. By Representative Murray of the 116th:
A resolution compensating Mr. Tom E. Ireland in the amount of $2,000.00. Senate Sponsor: Senator Broun of the 46th.

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

The resolution, involving an appropriation, 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 Coverdell Dean of 6th Dean of 31st

Doss Duncan Eldridge Evans Foster Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd

Langford Lester McGill Overby Paulk Reynolds Riley Robinson Russell Scott Shapard Starr Stephens

THURSDAY, MARCH 2, 1978

2365

Stumbaugh Summers Sutton

Thompson Timmons Traylor

Turner Tysinger Walker

Those not voting were Senators:

Banks English Fincher

Gillis (presiding) Holloway (excused conferee)

Pearce Tate Wessels

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 588. By Representative Glanton of the 66th:
A resolution compensating Mr. Wayne Cavender in the amount of $95.16. Senate Sponsor: Senator Broun of the 46th.

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

The resolution, involving an appropriation, 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 Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Evans Foster Greene Hill Howard
Hudgins 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

Those not voting were Senators:

Banks
English Fincher

Gillis (presiding)
Holloway (excused conferee)

Pearce
Tate Wessels

2366

JOURNAL OF THE SENATE,

On the adoption of the resolution, the yeas were 48, nays 0.

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

Senator Dean of the 6th gave notice that, at the proper time, he would move
that the Senate reconsider its action today in passing the following bill of the House:

HB 1839. By Representative Greer of the 43rd:
A bill to amend an Act known as the "Development Authorities Law" 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 un employment.

The following local, uncontested resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:

HR 543. By Representatives Daniel of the 88th, Dent of the 85th, Connell of the 87th and others:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to authorize Richmond County to acquire, construct, equip, main tain and operate incinerators, garbage and refuse facilities, to prescribe and revise rates and to collect fees, tolls and charges for the use thereof, to lease all or any part thereof and to enter into contracts with other political subdivisions or public corporations, private corporations, and private persons for the use thereof, and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of acquiring, con structing, adding to, improving and equipping such incinerator, garbage and refuse facilities; 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. The Constitution is hereby amended by adding at the end of Article IX, Section VIII, Paragraph I, the following:
"Anything in this Constitution to the contrary notwithstanding, Richmond County, Georgia, is hereby authorized to acquire, con struct, add to, improve, equip, maintain and operate incinerator, garbage and refuse facilities of every kind and character and to make and to prescribe and revise rates and to collect fees, tolls and charges for the use thereof and to lease all or any part thereof and to contract with other political subdivisions or public corporations

THURSDAY, MARCH 2, 1978

2367

and private corporations and persons for the use thereof and to accomplish the foregoing is hereby authorized to issue its revenue bonds or obligations to finance, in whole or in part, the cost of acquiring, constructing, adding to, improving and equipping in cinerator, garbage and refuse facilities, including, but not limited to, all buildings, structures and equipment useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, and paying all expenses incident thereto. Any such revenue bonds authorized to be issued hereunder shall be issued and validated pursuant to the provisions of the Revenue Bond Law (Ga. Laws 1957, p. 36 et seq.), amending the law former ly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et seq.), as amended, and when so validated thereunder shall be forever incontestable and conclusive in every respect."
Section 2. This amendment is self-enacting and does not require any enabling legislation for it to become effective; provided, however, the General Assembly may by law grant further and additional powers to the county not inconsistent with the provisions of this amendment.
Section 3. 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 Richmond County to acquire, construct,
( ) NO add to, improve, equip, maintain and operate incinerator, garbage and refuse facilities and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of accomplishing the foregoing?"
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.

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

2368

JOURNAL OP THE SENATE,

Those voting in the affirmative were Senators:

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

Foster
Greene Hill Holloway Howard Hudgins 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

Those not voting were Senators:

Banks Barnes English

Gillis (presiding) Hudson

Pearce Tate

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 629. By Representatives Gammage of the 17th and Toles of the 16th:
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 Polk 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 Polk 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 personal property, when the principal sum does not exceed one

THURSDAY, MARCH 2, 1978

2369

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:

"( ) 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 Polk County have jurisdiction from two hundred dollars to one thousand dollars?"

All persons desiring1 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 Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Evans Fincher

Foster
Greene Hill Holloway Howard Hudgins 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

2370

JOURNAL OF THE SENATE,

Those not voting were Senators:

Banks Barnes English

Gillis (presiding) Hudson

Pearce Tate

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 711. By Representatives Ware of the 68th and Mullinax of the 69th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of a Downtown West Point 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. Article IX, Section VIII, Paragraph II of the Consti tution is hereby amended by adding at the end thereof the following:
"The General Assembly shall be authorized to create in and for the City of West Point the Downtown West Point Development Authority for the purpose of redevelopment of the downtown West Point area. Said Authority shall have the power to employ engineers and planners, to contract for the construction, remodeling and alter ing of buildings, and to contract with the City of West Point for the construction, reconstruction, altering and changing and closing of streets and alleys. The General Assembly shall be authorized to empower the Authority to create special tax districts within the City of West Point, and to levy and collect taxes within said dis tricts based on values of real property fixed by the Tax Digest of the City of West Point, to defray the costs of the foregoing. The Authority shall have the power to issue bonds and revenue cer tificates, and to pledge revenues and to levy and collect taxes within said districts for the retirement of said indebtedness. No taxes shall be levied by said Authority for any purpose against property used exclusively for residential purposes or property used for school or church purposes. The Authority shall have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives.
The General Assembly shall provide for all matters relating to the composition of the members of the Authority, their terms of office and related matters and the geographical limits within the

THURSDAY, MARCH 2, 1978

2371

City of West Point which shall be subject to the provisions of amend ment.
The provisions of this amendment shall become effective November 10, 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 pro vide for the establishment of a Downtown West
( ) NO Point Development Authority and to provide for the powers, duties, and responsibilities of said Authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

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

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

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

Those voting in the affirmative were Senators:

Allgood

Foster

Ballard

Greene

-

Barker

Hill

Bell

Holloway

Bond

Howard

Brantley

Hudgins

Broun of 46th

Johnson

Brown of 47th

Kennedy

Carter

Kidd

Coverdell

"

Langford

Dean of 6th

Lester

Dean of 31st

McGill

Doss

Overby

Duncan

Paulk

Eldridge

Reynolds

Evans

Riley

Pincher

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

2372

JOURNAL OP THE SENATE,

Those not voting were Senators:

Banks
Barnes English

Gillis (presiding) Hudson

Pearce Tate

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 714. By Representatives Murray of the 116th and Castleberry of the lllth:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Downtown Americus Authority; to provide for the powers, authority and duties of such Authority; to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such is suance and for the validation thereof; to authorize the Authority to contract with the City of Americus and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or polit ical subdivisions of the State of Georgia, public corporations and others; to authorize the City of Americus to contract with the Authority for the use by the City of Americus or the residents thereof of any facilities or services of the Authority; 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 IX, Section VIII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"DOWNTOWN AMERICUS AUTHORITY.
1. Creation. There is hereby created a body corporate and pol itic to be known as the Downtown Americus Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation thereof and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded and complain and defend in all courts of law and equity.
2. Purpose. The said Authority is created for the purpose of acquiring, constructing, adding to, extending, improving, equipping, maintaining and operating public projects, public buildings and other public facilities, and any and all other facilities useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real

THURSDAY, MARCH 2, 1978

2373

property and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation thereof.
3. Membership. The Authority shall consist of eleven members appointed by the Mayor and Council of Americus. All members shall be residents and qualified voters of the City of Americus. The original members of the Authority shall be appointed as fol lows: three for a term of four years; three for a term of three years; three for a term of two years; and two for a term of one year. Thereafter, all members shall be appointed for a term of four years each and until their successors are appointed and quali fied. Any member of the Authority may be appointed to succeed himself. All appointments shall be for a term commencing' on Jan uary 1 and ending on December 31 of the year of the expiration of the appointment. The members of the Authority shall enter upon their duties immediately upon taking office after such appointment. The Authority shall elect one of its members as Chairman who shall be elected for a term of one year or until his successor is elected and qualified and annually thereafter the Authority shall elect one of its member^ in the same manner for a one-year term. The Authority shall also elect a Vice Chairman and Secretary and Treasurer, which Secretary and Treasurer need not necessarily be a member of the Authority and, if not a member, he or she shall have no voting rights and said Secretary and Treasurer shall be elected to serve at the pleasure of the Authority. No member of the Authority shall hold more than one office except that of Sec retary and Treasurer. Seven members of the Authority shall con stitute a quorum. A majority of the members is empowered to exercise the rights and perform all the duties of the Authority and no vacancies on the Authority shall impair the right of the quorum to act. In the event of a vacancy on the Authority through death, resignation or otherwise, same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason in the same manner that such member originally became a member of the Authority. The members of the Authority shall serve without compensation except that they shall be reim bursed for actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event the number of the members of the Authority or the qualifications of the membership or the manner in which the members of the Au thority shall be selected shall ever be the subject of change, the same may be accomplished by an Act of the General Assembly, ex cept that the General Assembly may not alter the term of office of any duly appointed member then serving.
4. Definitions. As used herein the following words and terms shall have the following meanings:
A. The word 'Authority' shall mean the Downtown Americus Authority herein created.

B. The word 'projects' or 'project' shall be deemed to mean and include the acquisition, construction, equipping, maintenance

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JOURNAL OF THE SENATE,

and operation of any public project, public building or other public
facility, or similar undertaking and any and all other facilities useful or desirable in connection with such undertakings and ex tensions and improvements of such projects, buildings or facilities
and the acquisition of the necessary property therefor, both real and personal, all for the essential public purposes of development and promotion of civic, cultural and historical growth, public wel fare, trade, commerce, tourism, education, amusement, recreation or to alleviate traffic congestion in the City of Americus and there by better protect the lives and property of its residents and others using its streets.

C. The term 'cost of the project' shall embrace the cost of con struction, the cost of lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of pre paring the land, including the installation of storm and sanitary sewers and all utilities therefor, the cost of all machinery, equip ment and furnishings related to the operation of any project or projects, financing charges, interest prior to and during construc tion and for six months after completion of construction, cost of engineering, architectural, fiscal and legal expenses and other ex
penses necessary and incident to determine the feasibility or prac ticability of the project, administrative expenses, and such other expenses' as may be necessary or incident to the financing herein authorized and the cost of placing any project in operation. Any expenses incurred for any of the foregoing purposes shall be re garded as part of the 'cost of the project or projects' and may be paid or reimbursed out of funds of the Authority, including the
proceeds of any revenue bonds issued under provisions of this Act for such project or projects.

D. The terms 'revenue bonds' and 'bonds' shall mean any bonds
of the Authority which are hereunder authorized to be issued, in cluding refunding bonds, as though such revenue bonds had origi
nally been authorized to be issued under the provisions of the Rev enue Bond Law (Ga. Laws 1957, pp. 36, et seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761, et seq.), as amended, and in addi tion shall also mean any obligations of the Authority, the issuance
of which are hereinafter specifically provided for.

E. Any project or combination of projects shall be deemed 'selfliquidating' if, in the judgment of the Authority the revenues and earnings to be derived by the Authority therefrom, including, but not limited to, any revenues derived from the City of Americus or other political subdivision under any contracts with the Authority, will be sufficient to pay the cost of operating, repairing and main taining the project and to pay the principal and interest on the rev enue bonds which may be issued to finance, in whole or in part, the cost of such project, projects, or combination of projects.
5. Powers. The Authority shall have the powers:
A. To adopt and alter a corporate seal;

THURSDAY, MARCH 2, 1978

2375

B. To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes;

C. To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by con demnation in accordance with the provisions of any and all laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Au thority being under no obligation to accept and pay for any prop erty condemned under the provisions hereof, except from the funds provided under the authority hereof, and in any proceedings to con demn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions hereof upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the Authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey for and in behalf of the State title to such lands to the Authority upon payment to the general fund of the State of the reasonable value of such lands in accordance with the applicable laws of the State of Georgia;

D. To appoint, select and employ officers, agents and em ployees, including engineering, architectural and construction ex perts, fiscal agents and attorneys, and fix their respective com pensations;

E. To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to con tract with the City of Americus and with the State of Georgia and any departments, institutions, agencies, counties, municipalities or political subdivisions of the State of Georgia, public corporations and with others upon such terms and for such purposes as may be deemed advisable for a term not exceeding fifty years; and the City of Americus is hereby authorized to enter into contracts and related agreements for the use by the City of Americus or the residents thereof of any project, structure, building or facility or a combination of two or more projects, structures, buildings or fa cilities of the Authority for a term not exceeding fifty years;

F. To acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain and manage projects, as hereinabove de fined, the cost of any such project to be paid, in whole or in part, from the proceeds of revenue bonds of the Authority or from such

2376

JOURNAL OP THE SENATE,

proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof;

G. To accept loans and grants of money or materials or prop
erty of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require;

H. To accept loans and grants of money or materials or prop erty of any kind from the State of Georgia or any agency or instru mentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumen tality or political subdivision may require;

I. To purchase, take, receive by gift, will or otherwise, lease, or otherwise own, hold, improve, use and otherwise deal in and with, real and personal property, or any interest therein, wherever situated;

J. To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;

K. To exercise any power usually possessed by private cor porations performing similar functions, which is not in conflict with the Constitution and laws of this State; and

L. To do all things necessary or convenient to carry out the powers expressly given hereunder.

6. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Au thority in the resolution providing for the issuance of the bonds.

7. Same; Form; Denomination; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomina-

THURSDAY, MARCH 2, 1978

2377

tion or denominations of the bonds and the place or places of pay ment of the principal thereof and the interest thereon, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered forms, or both, as the Authority may determine, and provision may be made for the reg istration of any coupon bond as to principal alone and also as to both principal and interest.

8. Same; Signature; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes th same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary and Treasurer of the Authority and any coupons attached thereto shall bear the fac simile signatures of the Chairman and Secretary and Treasurer of the Authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such of fice.

9. Same; Negotiability. All revenue bonds issued under the pro visions of this Act shall have and are hereby declared to be nego tiable under the laws of the State.

10. Same; Sale; Proceeds of Bonds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.

11. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certifi cates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.

12. Same; Replacement of Lost or Mutilated Bonds. The Au thority may also provide for the replacement of an^ bonds or coupons which shall become mutilated or be destroyed or lost.

13. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the hap pening of any other conditions or things other than those proceed ings, conditions and things which are specified or required hereunder. Any resolution, providing for the issuance of revenue bonds under the provisions hereof, shall become effective immediately upon its passage and need not be published or posted, and any such

2378

JOURNAL OF THE SENATE,

resolution may be passed at any regular or special or adjourned meeting of the Authority.

14. Same; Credit not Pledged and Debt not Created. Revenue bonds issued by the Authority hereunder shall not be deemed to constitute a debt of the City of Americus, nor of the State of
Georgia or any municipality, county, authority, instrumentality or political subdivision of the State of Georgia, which may contract with such Authority. No contracts entered into by the Authority
with any such municipality, county, authority, instrumentality or political subdivision of the State of Georgia shall create a debt of the respective municipalities, counties, authorities or political sub divisions of the State of Georgia within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia, but any such municipality, county, authority or political subdivision of the State of Georgia may obligate itself to pay the payments required under such contracts from monies received from taxes and from any other source without creating a debt within the meaning of Article IX, Section VII, Paragraph I of the Con stitution of the State of Georgia.

15. Same; Trust Indentures as Security. In the discretion of
the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a .corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for
the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and rem
edies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the con struction of the project, the maintenance, operation, repair and insuring of the projcet, and the custody, safeguarding and applica tion of all monies; and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds;
and may also require that the security given by contractors and by such depositary and to furnish such indemnifying bonds or pledge monies be satisfactory to sueh purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledges such securities as may be required by the Authority. Such indenture
may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bond holders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be

THURSDAY, MARCH 2, 1978

2379

treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.

16. To Whom Proceeds Shall Be Paid; The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolutions or trust indentures may provide.

17. Sinking Fund. The revenues, fees, tolls and earnings de rived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a par ticular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Au thority to the payment of the principal of and interest on revenue bonds of the Authority, as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds, so pledged from whatever source received, which said pledge may include funds received from one or more of all sources, shall be set aside at regular intervals as may be provided in the resolu tion or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and in terest and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the
issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing
the issuance of the bonds, or in the trust indenture, any surplus monies in the sinking fund may be applied to the purchase or re demption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.

18. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons ap pertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collect-

2380

JOURNAL OF THE SENATE,

ing of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

19. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any rev enue bonds issued under the provisions of this Act and then out
standing, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturi ties and all other details thereof, the rights of the holders thereof,
and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.

20. Venue and Jurisdiction. Any action to protect or enforce
any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Sumter County, Georgia, and any action pertaining to the valida tion of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.

21. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended, or as same may be hereafter amended. The pe
tition or validation shall also make a party defendant to such action any municipality, county, authority, political subdivision or instru mentality of the State of Georgia which has contracted with the
Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and any such municipality, county, authority, political subdivisions or instrumen
tality shall be required to show cause, if any exist, why such con tract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudi cated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with re spect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and
any municipality, county, authority, political subdivision or instru mentality, if a party to the validation prooceedings, contracting with the said Authority.

22. Interest of Bondholders Protected. While any of the bonds
issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds.

23. Monies Received Considered Trust Funds. All monies re ceived pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

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24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix rents and rates and to revise same from time to time and to collect payments, fees, tolls and charges
on each project or for the services, facilities and commodities fur nished; and in anticipation of the collection of the revenues of such undertakings or projects, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construc tion, reconstruction, improvement, betterment or extension of its undertakings or projects; and to pledge to the punctual payment of said bonds, and interest thereon, all or any part of the revenues of such undertakings or projects, including the revenues of im provements, betterments or extensions thereto thereafter made.

25. Rules and Regulations for Operation of Projects. It shall
be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions hereof, including the basis on which services and fa cilities, or both, shall be furnished.

26. Governmental Function. It is hereby declared that the Authority is created for a public purpose and will be performing an essential governmental function in the exercise of the powers conferred upon it hereunder in the development and promotion of civic, cultural and historical growth, public welfare, trade, com
merce, tourism, education, amusement, recreation or to alleviate traffic congestion in the City of Americus and thereby better protect the lives and property of its residents and others using its
streets.

27. Immunity from Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negli
gence as the State of Georgia and the officers, agents and em ployees of the Authority, when in the performance of the work of the Authority, shall have the same immunity and exemption from
liability for torts and negligence as the officers, agents and em ployees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any con tractual obligations of the Authority.

28. Property Subject to Levy and Sale. The property of the
Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.

29. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, not withstanding any other provision of the Constitution to the con trary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes.

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30. Effective Date. This amendment shall be effective immedi ately upon proclamation of its ratification by the Governor.

31. General Assembly. This amendment is self-executing and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and duties of the Authority and the exercise thereof and may enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority not inconsistent with the provisions of this amendment. The Au thority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of the City of Americus, Georgia, as the
same now or may hereafter exist."

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 create the Downtown Americus Authority and to pro-
( ) NO vide for the powers, authority and duties of such Authority, and to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof, and to authorize the Author ity to contract with the City of Americus and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others and to authorize the City of Americus to contract with the Au thority?"

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

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

The Senate Committee on County and Urban Affairs offered the following substitute to HR 714:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Downtown Americus Authority; to provide for the powers, authority

THURSDAY, MARCH 2, 1978

2383

and duties of such Authority; to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issu
ance and for the validation thereof; to authorize the Authority to contract with the City of Americus and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or po litical subdivisions of the State of Georgia, public corporations and others; to authorize the City of Americus to contract with the Authority for the use by the City of Americus or the residents thereof of any facilities or services of the Authority; 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 I. Article IX, Section VIII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"DOWNTOWN AMERICUS AUTHORITY.
1. Creation. There is hereby created a body corporate and politic to be known as the Downtown Americus Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation thereof and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded and complain and defend in all courts of law and equity.

2. Purpose. The said Authority is created for the purpose of acquiring, constructing, adding to, extending, improving, equipping, maintaining and operating public projects, public buildings and
other public facilities, and any and all other facilities useful or desirable in connection therewith, acquiring the necessary property
therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation thereof.

3. Membership. The Authority shall consist of twelve members appointed by the Mayor and Council of Americus and the Mayor
of Americus who shall serve as an ex officio voting member. All members shall be citizens of the United States. The original mem bers of the Authority shall be appointed as follows: four for a term of six years; four for a term of four years; and four for a term of two years. Thereafter, all members shall be appointed for a term of six years each and until their successors are appointed and qualified. Any member of the Authority may be appointed to succeed himself after the expiration of one year following a regu lar term of office. All appointments shall be for a term commencing on January 1 and ending on December 31 of the year of the expira tion of the appointment. The members of the Authority shall enter upon their duties immediately upon taking office after such ap-

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JOURNAL OP THE SENATE,

pointment. The Authority shall meet at least once each month. The Authority shall elect one of its members as Chairman who shall be elected for a term of one year or until his successor is elected and qualified and annually thereafter the Authority shall elect one of its members as Chairman in the same manner for a one-year term. The Authority shall also elect a Vice Chairman and Secre tary and Treasurer, which Secretary and Treasurer need not nec essarily be a member of the Authority and, if not a member, he or she shall have no voting rights and said Secretary and Treas urer shall be elected to serve at the pleasure of the Authority. No member of the Authority shall hold more than one office except
that of Secretary and Treasurer. Seven members of the Authority shall constitute a quorum. A majority of the members is empow ered to exercise the rights and perform all the duties of the Authority and no vacancies on the Authority shall impair the right of the quorum to act. In the event of a vacancy on the Authority through death, resignation or otherwise, same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason in the same manner that such member originally became a member of the Authority. The members of the Authority shall serve without compensation except that they shall be reimbursed for actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event the number of the members of the Authority or the qualifications of the membership or the manner in which the members of the Authority shall be selected shall ever be the subject of change, the same may be accomplished by an Act of the General Assembly, ex cept that the General Assembly may not alter the term of office of any duly appointed member then serving.

4. Definitions. As used herein the following words and terms shall have the following meanings:

A. The word 'Authority' shall mean the Downtown Americus Authority herein created.

B. The word 'projects' or 'project' shall be deemed to mean and include the acquisition, construction, equipping, maintenance and
operation of any public project, public building or other public fa cility, or similar undertaking and any and all other facilities useful or desirable in connection with such undertakings and extensions
and improvements of such projects, buildings or facilities and the acquisition of the necessary property therefor, both real and per sonal, all for the essential public purposes of development and pro motion of civic, cultural and historical growth, public welfare, trade, commerce, tourism, education, amusement and recreation.

C. The term 'cost of the project' shall embrace the cost of con struction, the cost of lands, properties, rights, easements and fran chises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of preparing the land, including the installation of storm and sanitary sewers and all utilities therefor, the cost of all machinery, equipment and

THURSDAY, MARCH 2, 1978

2385

furnishings related to the operation of any project or projects, fi nancing charges, interest prior to and during construction and for six months after completion of construction, cost of engineering, architectural, fiscal and legal expenses and other expenses neces sary and incident to determine the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized and the cost of placing any project in operation. Any expenses in curred for any of the foregoing purposes shall be regarded as part of the 'cost of the project or projects' and may be paid or reim bursed out of funds of the Authority, including the proceeds of any revenue bonds issued under provisions of this Act for such project or projects.

D. The terms 'revenue bonds' and 'bonds' shall mean any bonds of the Authority which are hereunder authorized to be issued, in cluding refunding bonds, as though such revenue bonds had origi nally been authorized to be issued under the provisions of the Rev enue Bond Law (Ga. Laws 1957, pp. 36, et seq.), as amended, amend ing the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761, et seq.), as amended, and in addition shall also mean any obligations of the Authority, the issuance of which are hereinafter specifically provided for.

E. Any project or combination of projects shall be deemed 'self-liquidating' if, in the judgment of the Authority the revenues and earnings to be derived by the Authority therefrom, including, but not limited to, any revenues derived from the City of Americus or other political subdivision under any contracts with the Author ity, will be sufficient to pay the cost of operating, repairing and maintaining the project and to pay the principal and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project, projects, or combination of projects.
5. Powers. The Authority shall have the powers:
A. To adopt and alter a corporate seal;
B. To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes;

C. To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real prop erty, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make con tracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority; and no property shall be acquired under the provisions hereof upon which any lien or other encumbrance exists, unless at the time such prop erty is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; and

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if the Authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of
Georgia, the Governor is hereby authorized to convey for and in behalf of the State title to such lands to the Authority upon pay ment to the general fund of the State of the reasonable value of such lands in accordance with the applicable laws of the State of Georgia;

D. To appoint, select and employ officers, agents and em ployees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective com pensations;

E. To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to con tract with the City of Americus and with the State of Georgia and any departments, institutions, agencies, counties, municipalities or political subdivisions of the State of Georgia, public corporations and with the United States of America or any agency or instru mentality thereof, and with others upon such terms and for such purposes as may be deemed advisable for a term not exceeding fifty years; and the City of Americus is hereby authorized to enter into contracts and related agreements for the use by the City of Americus or the residents thereof of any project, structure, building or facility or a combination of two or more projects, struc tures, buildings or facilities of the Authority for a term not ex ceeding fifty years;
F. To acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain and manage projects, as hereinabove defined, the cost of any such project to be paid, in whole or in part, from the proceeds of revenue bonds of the Authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof;

G. To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require;
H. To accept loans and grants of money or materials or prop erty of any kind from the State of Georgia or any agency or in strumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instru mentality or political subdivision may require;

I. To purchase, take, receive by gift, will or otherwise, lease, or otherwise own, hold, improve, use and otherwise deal in and with, real and personal property, or any interest therein, whereever situated;

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2387

J. To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;

K. To exercise any power usually possessed by private cor porations performing similar functions, which is not in conflict with the Constitution and laws of this State; and

L. To do all things necessary or convenient to carry out the powers expressly given hereunder.

6. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution, for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of pay ment as to both principal and interest as may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds.

7. Same; Form; Denomination; Registration; Place of Pay ment, The Authority shall determine the form of the bonds, includ ing any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal thereof and the interest thereon, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered forms, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.

8. Same; Signature; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall ap pear on any coupon shall cease to be such officer before the deliv ery of such bonds, such signature shall nevertheless be valid and sufficent for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary and Treas urer of the Authority and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the

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actual time of the execution of such bonds shall be duly autho rized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.

9. Same; Negotiability. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to be negotiable under the laws of the State.

10. Same; Sale; Proceeds of Bonds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds de rived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.

11. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim cer tificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.

12. Same; Replacement of Lost or Mutilated Bonds. The Au thority may also provide for the replacement of any bonds or cou pons which shall become mutilated or be destroyed or lost.

13. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the hap pening of any other conditions or things other than those pro ceedings, conditions and things which are specified or required hereunder. Any resolution, providing for the issuance of revenue bonds under the provisions hereof, shall become effective immedi ately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority.

14. Same; Credit not Pledged and Debt not Created. Revenue bonds issued by the Authority hereunder shall not be deemed to constitute a debt of the City of Americus, nor of the State of Georgia or any municipality, county, authority, instrumentality or political subdivision of the State of Georgia, which may contract with such Authority. No contracts entered into by the Authority with any such municipality, county, authority, instrumentality or political subdivision of the State of Georgia shall create a debt of the respective municipalities, counties, authorities or political sub divisions of the State of Georgia within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Geor gia, but any such municipality, county, authority or political sub division of the State of Georgia may obligate itself to pay the payments required under such contracts from monies received from taxes and from any other source without creating a debt within the meaning of Article IX, Section VII, Paragraph I of the Con stitution of the State of Georgia. >

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2389

15. Same; Trust Indentures as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corpor ate trustee, which may be any trust company or bank having- the powers of a trust company within or without the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may con tain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and application of all monies; and may also provide that any project shall be constructed and paid for under the supervision and ap proval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds; and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Author ity. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.

16. To Whom Proceeds Shall Be Paid. The Authority shall, Jn the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolutions or trust indentures may provide.
17. Sinking Fund. The revenues, fees, tolls and earnings de rived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless other wise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal of and interest on rev enue bonds of the Authority, as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds, so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the

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JOURNAL OP THE SENATE,

resolution or trust indenture, into a sinking fund, which said sink ing fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paving principal and interest and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such reg ulations as may be provided in the resolution authorizing the issu ance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.

18. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons apper taining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, man damus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and col lecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
19. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstand ing, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be gov erned by the foregoing provisions of this Act insofar as the same may be applicable.
20. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Sumter County, Georgia, and any action pertaining to the valida tion of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive original jurisdiction of such actions.
21. Validation. Bonds of the Authority shall be confirmed and

THURSDAY, MARCH 2, 1978

2391

validated in accordance with the procedure of the Revenue Bond Law, as amended, or as same may be hereafter amended. The petition or validation shall also make a party defendant to such action any municipality, county, authority, political subdivision or instrumentality of the State of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and any such municipality, county, authority, political subdivisions or in strumentality shall be required to show cause, if any exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or con tracts adjudicated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and con clusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and any municipality, county, authority, political sub division or instrumentality, if a party to the validation proceed ings, contracting with the said Authority.

22. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders "of such bonds.

23. Monies Received Considered Trust Funds. All monies re ceived pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix rents and rates and to revise same from time to time and to collect payments, fees, tolls and charges on each project or for the services, facilities and commodi ties furnished; and in anticipation of the collection of the revenues of such undertakings or projects, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of its undertakings or projects; and to pledge to the punctual pay ment of said bonds, and interest thereon, all or any part of the revenues of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto thereafter made.
25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions hereof, including the basis on which services and facili ties, or both, shall be furnished.

26. Governmental Function. It is hereby declared that the

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Authority is created for a public purpose and will be performing an essential governmental function in the exercise of the powers con
ferred upon it hereunder in the development and promotion of civic, cultural and historical growth, public welfare, trade, commence, tourism, education, amusement, recreation or to alleviate traffic congestion in the City of Americus and thereby better protect the lives and property of its residents and others using its streets.

27. Immunity from Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negli gence as the State of Georgia and the officers, agents and em ployees of the Authority, when in the performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and em ployees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any contrac tual obligations of the Authority.

28. Property Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.

29. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwith standing any other provision of the Constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes.

30. Effective Date. This amendment shall be effective immedi ately upon proclamation of its ratification by the Governor.

31. General Assembly. This amendment is self-executing and does not require any enabling legislation for it to become effective. However, the General Assembly may, by local Act, further define and prescribe the powers and duties of the Authority and the exer cise thereof and may enlarge and restrict the same and may, like wise, further regulate the management and conduct of the Author ity not inconsistent with the provisions of this amendment. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of the City of Americus, Georgia, as the same now or may hereafter exist."

THURSDAY, MARCH 2, 1978

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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 197S.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to cre ate the Downtown Americus Authority and to
( ) NO provide for the powers, authority and duties of such Authority, and to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof, and to authorize the Au thority to contract with the City of Americus and with the State of Georgia and any depart ments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others and to authorize the City of Americus to contract with
the 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.

On the adoption of the substitute, the yeas were 49, nays 0, and the substi tute was adopted.

The report of the committee, which was favorable to the adoption of the res olution, 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 Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter

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

Greene Hill Holloway Howard Hudgins Johnson Kennedy Kidd Langford

2394
Lester McGill Overby Paulk Reynolds Riley Robinson Russell

JOURNAL OF THE SENATE,

Scott Shapard Starr Stephens Stumbaugh Summers Sutton

Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Banks Barnes English

Gillis (presiding)

Tate

Hudson

Pearce

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.

HR 716. By Representative Dixon of the 151st:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase juris diction of civil cases over which the Justices of the Peace of Charlton County shall have jurisdiction; to repeal Resolution Act Number 80, found in Georgia Laws 1977, page 1616, which proposed an amendment to the Constitution increasing jurisdiction of civil cases over which the Justices of the Peace of Charlton County shall have jurisdiction; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section VII, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following para graph:
"Provided, however, that in Charlton County, the justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of per sonal property, when the principal sum does not exceed one thou sand five hundred dollars, and shall sit monthly at fixed times and places, but in all cases there may be an appeal to a jury in said court, or an appeal to the superior court under such regulations as may be prescribed by law."
Section 2. The above proposed amendment to the Constitution shall

THURSDAY, MARCH 2, 1978

2395

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 in( ) NO crease the jurisdiction of civil cases over which the Justices of the Peace of Charlton County shall have jurisdiction?"

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.

Section 3. Resolution Act Number 80, found in Georgia Laws 1977, page 1616, proposing an amendment to the Constitution so as to increase jurisdiction of civil cases over which the Justices of the Peace of Charl ton County shall have jurisdiction, is hereby repealed in its entirety.

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

Foster
Greene Hill Holloway Howard Hudgins 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

2396

JOURNAL OP THE SENATE,

Those not voting were Senators:

Banks Barnes
English

Gillis (presiding)

Tate

Hudson

Pearce

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 719. By Representatives Rainey of the 135th and Sizemore of the 136th:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the membership of the Crisp County-Cordele Industrial Development Au thority; 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. The Constitution, as amended, is hereby amended by striking from subparagraph B. of a paragraph added to Article V, Sec tion IX of the Constitution of 1945 (Ga. Laws 1968, p. 1757, ratified November 5, 1968) and continued as a part of the Constitution of 1976, the following:
"The Authority shall be composed of five members, one of whom shall be the Chairman of the Commissioners of Roads and Revenues of Crisp County, one of whom shall be the Chairman of the City Commissioners of Cordele, and one of whom shall be the president of the Cordele-Crisp County Chamber of Commerce. The Commissioners of Roads and Revenues of Crisp County shall ap point one member who shall be a resident of Crisp County within or without the city limits of Cordele and shall serve for a term of three years and until his successor is duly appointed and quali fied. Thereafter, successors to the initial member appointed by the Commissioners of Roads and Revenues of Crisp County shall serve for three years and until their successors are duly elected and qualified. The City Commissioners of Cordele shall appoint one member who shall be a resident of Crisp County within or without the city limits of Cordele and shall serve for a term of two years and until their successors are duly appointed and qual ified. Thereafter, successors to the initial member appointed by the City Commissioners shall serve for three years and until their successors are duly elected and qualified. Provided, however, under no circumstances shall the Commissioners of Roads and Revenues of Crisp County or the City Commissioners of Cordele appoint a member of either Commission.",

THURSDAY, MARCH 2, 1978

2397

and inserting in lieu thereof the following:

"The Authority shall be composed of seven members, one of
whom shall be the Chairman of Crisp County Board of Commis
sioners, one of whom shall be the Chairman of the City Com
missioners of Cordele, and one of whom shall be the President of
the Cordele-Crisp County Chamber of Commerce. The Crisp County Board of Commissioners shall appoint two members, each of whom
shall be a resident of Crisp County, within or without the city
limits of Cordele and each of whom shall serve for a term of three years and until his successor is duly appointed and qualified.
Thereafter, each successor appointed by the Crisp County Board of Commissioners shall serve for three years and until his successor is duly elected and qualified. The City Commissioners of Cordele shall
appoint two members, each of whom shall be residents of Crisp County within or without the city limits of Cordele and each of whom shall serve for a term of two years and until his successor is duly
appointed and qualified. Thereafter, successors to the initial mem
bers appointed by the City Commissioners of Cordele shall serve for three years and until their successors are duly elected and qualified. Provided, however, under no circumstances shall the Crisp County Board of Commissioners or the City Commissioners of Cordele
appoint a member of either Commision. No vacancy shall impair the power of the Authority to act, provided that five (5) members are in accord with such action.",

so that when amended, subparagraph B. shall read as follows:
"B. The Authority shall be composed of seven members, one of whom shall be the Chairman of Crisp County Board of Com missioners, one of whom shall be the Chairman of the City Commis sioners of Cordele, and one of whom shall be the President of the Cordele-Crisp County Chamber of Commerce. The Crisp County Board of Commissioners shall appoint two members, each of whom shall be a resident of Crisp County, within or without the city limits of Cordele and each of whom shall serve for a term of three years and until his successor is duly appointed and qualified. Thereafter, each successor appointed by the Crisp County Board of Commis sioners shall serve for three years and until his successor is duly elected and qualified. The City Commissioners of Cordele shall ap point two members, each of whom shall be residents of Crisp County within or without the city limits of Cordele and each of whom shall serve for a term of two years and until his successor is duly appointed and qualified. Thereafter, successors to the initial members appointed by the City Commissioners of Cordele shall serve for three years and until their successors are duly elected and qualified. Provided, however, under no circumstances shall the Crisp County Board of Commissioners or the City Commissioners of Cordele appoint a member of either Commission. No vacancy shall impair the power of the Authority to act, provided that five (5) members are in accord with such action. In the event a vacancy occurs on the Authority for any reason, the appointing authority shall appoint a member to serve the unexpired term. The Authority is hereby empowered to elect its own Chairman, Vice-Chairman, and

2398

JOURNAL OF THE SENATE,

Secretary from its members. The members of the Authority shall receive no compensation for their services on the Authority."

Section 2. The Constitution, as amended, is hereby amended by striking subparagraph E. thereof, as added by said amendment as set forth in Ga. Laws 1968, p. 1757, which reads as follows:

"Any three (3) members shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three (3) affirmative votes.",

in its entirety, and inserting in lieu thereof a new subparagraph E. to read as follows:

"E. Any five (5) members shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than five (5) affirmative votes, subject, how ever, in the event of a vacancy, to the provisions of subparagraph B. hereof."

Section 3. 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 the increase in membership of the
( ) NO Crisp County-Cordele Industrial Development 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 res olution, was agreed to.

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

THURSDAY, MARCH 2, 1978

2399

Those voting in the affirmative were Senators:

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

Foster Greene Hill
Holloway Howard Hudgins 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

Those not voting were Senators:

Banks Barnes English

Gillis (presiding) Hudson

Pearce Tate

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 720. By Representatives Anderson, Looper and Harris of the 8th:
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 Cherokee 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 Constitution is hereby amended by providing at the end thereof the following para graph:
"Provided, however, that in Cherokee County the justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of per sonal property, when the principal sum does not exceed five hun-

2400

JOURNAL OF THE SENATE,

dred 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 ap peal to the superior court under such regulations as may be pre scribed 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:

"( ) YES Shall the Constitution be amended so as to in
crease the dollar amount of civil cases over ( ) NO which the Justices of the Peace in Cherokee Coun
ty shall have jurisdiction from two hundred dol lars to five hundred dollars?

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against 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 Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Evans
Fincher

Foster Greene Hill Holloway Howard Hudgins 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

THURSDAY, MARCH 2, 1978

2401

Those not voting were Senators:

Banks
Barnes English

Gillis (presiding) Hudson

Pearce Tate

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 735. By Representative Irvin of the 10th:
A RESOLUTION
Proposing an amendment to an amendment to the Constitution known as the Toccoa-Stephens County Building and Parks Authority (Ga. L. 19&4, pp. 948-964), ratified in the general election held Novem ber 3, 1964, so as to change the provisions relating to the requirement of a referendum for approval of leases and other contracts between said Authority and the City of Toccoa and County of Stephens; to change the provisions relating to the maximum amount of interest payable on bonds issued by said Authority; 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 IX, Section IV, Paragraph I of the Constitution, as amended particularly by resolution (Ga. L. 1964, p. 948) ratified.No vember 3, 1964, is hereby amended by striking the following:
"(5) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and the City of Toccoa and Stephens County and any divisions, department, in stitutions or agencies of the State are hereby authorized to enter into contracts, leases or agreement with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically grant ed to the said City and County and any division, department, insti tution or agency of the State to enter into lease contracts and related agreements for the use of any structure, building or fa cility or a combination of any two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years and any division, department, institution or agency of the State may obligate itself to pay an agreed sum for the use of such prop erty and the City of Toccoa and Stephens County may enter into lease contracts and related agreements for the use of any struc-

2402

JOURNAL OF THE SENATE,

ture, building or facility or a combination of two or more struc tures, buildings or facilities of the Authority for a term not exceeding- fifty years upon a majority vote of the respective gov
erning body charged with the duty of managing its fiscal affairs and may obligate itself as a part of the undertaking to pay the cost of maintaining, repairing and operating the property fur
nished by and leased from the Authority; the substantive terms and conditions of such contracts and related agreements as relates to the City of Toccoa and Stephens County shall be approved by the assent of a majority of the qualified voters of said City and
County, respectively, voting in an election for that purpose to be held as prescribed by law.",

and inserting in lieu thereof the following:

"(5) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and the City of Toccoa and Stephens County and any division, department, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically
granted to the said City and County and any division, department, institution or agency of the State to enter into lease contracts and related agreements for the use of any structure, building or fa cility or a combination of any two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years and any division, department, institution or agency of the State may obligate itself to pay an agreed sum for the use of such property and the City of Toccoa and Stephens County may enter into lease contracts and related agreements for the use of any structure, building or facility or a combination of two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years upon a majority vote of the respective governing body charged with the duty of managing its fiscal affairs and may obligate itself as a part of the undertaking to pay the cost of maintaining, repairing and operating the property furnished by
and leased from the Authority."

Section 2. Article IX, Section IV, Paragraph I of the Constitution, as amended particularly by resolution (Ga. L. 1964, p. 948) ratified November 3, 1964, is further amended by striking the following:

"D. Revenue Bonds. The Authority or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds in a sum riot to exceed Ten Million ($10,000,000.00) Dollars outstanding at any one time of the Authority for the purpose of paying all or any part of the costs as herein defined of any one or combination of projects. The principal and interest of such rev-

THURSDAY, MARCH 2, 1978

2403

enue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding1 five (5%) per centum per annum, payable in' such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and con ditions as may be fixed by the Authority in the resolution pro viding for the issuance of the bonds.",

and inserting in lieu thereof the following:
"D. Revenue Bonds. The Authority or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, in a sum not to exceed Ten Million ($10,000,000.00) Dollars outstanding at any one time of the Authority for the purpose of paying all or any part of the costs as herein defined of any one or combination of projects. The principal and interest of such rev enue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding market rates of interest, payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and con ditions as may be fixed by the Authority in the resolution provid ing for the issuance of the bonds."

Section 3. Article IX, Section IV, Paragraph I of the Constitution, as amended particularly by resolution (Ga. L. 1964, p. 948) ratified November 3, 1964, is further amended by striking the following:

"H. Same; sale; price. The Authority may sell such bonds in such manner and for such price as it may determine for the best interests of the Authority, but no such sale shall be made at a price as low as to require the payment of interest on the money received therefore at more than five (5%) per centum per annum computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values excluding, however, from such computation the amount of any premium to be paid on. redemption of any bond prior to maturity.",

and inserting in lieu thereof the following:
"H. Same; sale; price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority."

Section 4. 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.

2404

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 change the provisions relative to referendum
( ) NO approval of contracts between the Toccoa-Stephens County Building and Parks Authority and the City of Toccoa or Stephens County and the maximum interest rate payable on revenue bonds issued by said 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 Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Evans
Fincher

Foster Greene Hill Holloway Howard Hudgins 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

Those not voting were Senators:

Banks Barnes English

Gillis (presiding) Hudson

Pearce Tate

THURSDAY, MARCH 2, 1978

2405

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional major ity, was adopted.

HR 744. By Representative Kilgore of the 65th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that residents of the City of Douglasville who are 65 years of age or older and whose annual income does not exceed $6,000.00 shall be granted a homestead exemption of $4,000.00 from ad valorem taxation by the City of Douglasville; 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:
"Notwithstanding any other provisions of this Constitution to the contrary, the homestead of each resident of the City of Doug lasville actually occupied by the owner as a residence and home stead, and only so long as actually occupied by the owner primarily as such, is hereby exempted in the amount of $4,000.00 from all ad valorem taxation by the City of Douglasville, provided that said resident is 65 years of age or over and provided that his income, together with the income of his spouse who also occupies and re sides at such homestead, from all sources does not exceed $6,000.00 per annum. The value of the homestead in excess of the above ex empted amount shall remain subject to ad valorem taxation by the City of Douglasville. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the governing authority of the City of Douglas ville, or with a person designated by the governing authority of the City of Douglasville, giving his age and such additional informa tion relative to receiving the benefit of such exemption as will enable the governing authority of the City of Douglas ville, or the person designated by the governing authority of the City of Douglasville, to make a determination as to whether such owner is entitled to such exemption. After any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided for herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the governing authority of the City of Douglasville, or the person designated by the governing authority of the City of Douglasville, in the event he becomes ineligible for the exemption provided in this paragraph. The governing authority of the City of Douglas-

2406

JOURNAL OF THE SENATE,

ville, or the person designated by said governing authority, shall provide for the proper administration of this exemption. The ex emption provided herein shall apply to all taxable years beginning after December 81, 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 pro vide that residents of the City of Douglasville
( ) NO who are 65 years of age or older and whose annual income does not exceed $6,000.00 shall be granted a homestead exemption of $4,000.00 from ad valorem taxation by the City of Doug lasville?"

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

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

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

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

Those voting in the affirmative were Senators:

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

Eldridge Evans Fincher Foster
Greene Hill
Holloway Howard Hudgins
Johnson Kennedy Kidd Langford Lester

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

THURSDAY, MARCH 2, 1978

2407

Thompson Timmons Traylor

Turner Tysinger

Walker Wessels

Those not voting were Senators:

Banks Barnes English

Gillis (presiding) Hudson

Pearce Tate

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 bills and resolutions of the House were read the first time and referred to committees:

HB 2023. By Representative Adams of the 79th:
A bill to levy and impose a sales and use tax of one percent, in addition to all other taxes of every kind now imposed by law, on all items, uses, and transactions subject to the provisions of the Georgia Retailers' and Consumers' Sales and Use Tax Act that occur in the County of Upson. Referred to Committee on County and Urban Affairs.

HB 2069. By Representatives Tuten of the 153rd and Auten of the 154th:
A bill to amend an Act amending the charter of the City of Brunswick so as to change the residency requirements of the recorder of the police court. Referred to Committee on County and Urban Affairs.

HB 2070. By Representative Kemp of the 139th:
A bill to create commissioner districts in certain counties of this State for the election of county commissioners. Referred to Committee on County and Urban Affairs.

HB 2071. By Representatives Taggart of the 125th, Scott of the 123rd, Jones of the 126th and others:
A bill to abolish the office of Associate Judge of the Municipal Court of Savannah; to abolish the Municipal Court of Savannah; to abolish the office of Senior Judge of the Municipal Court of Savannah; to trans fer certain processes, cases, suits, books, papers, records, materials, indexes, property and personnel of the Municipal Court of Savannah to the State Court of Chatham County.
Referred to Committee on County and Urban Affairs.

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JOURNAL OP THE SENATE,

HB 2072. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act creating a new charter for the City of Young Harris so as to change the date of elections in said City. Referred to Committee on County and Urban Affairs.

HE 776. By Representative Adams of the 79th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to impose a sales and use tax of one percent on all items, uses and transactions now subject to the provisions of the Georgia Retailers' and Consumers' Sales and Use Tax Act that occur in the County of Upson.
Referred to Committee on County and Urban Affairs.

HR 800. By Representatives Butler, Tolbert and Johnston of the 56th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that residents of DeKalb County shall be granted an additional homestead exemption from all ad valorem taxation by that county. Referred to Committee on County and Urban Affairs.

Senator Riley of the 1st moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 4:55 o'clock P.M., Senator Gillis of the 20th, who was presiding at the direction of the President, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

FRIDAY, MARCH 3, 1978

2409

Senate Chamber, Atlanta, Georgia Friday, March 3, 1978

The Senate met pursuant to adjournment at 9:30 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.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the Senate:

SB 526. By Senator Hudgins of the 15th:
A bill to amend Code Section 27-101; relating to rewards offered by the Governor for the arrest of felons, as amended, so as to increase the reward which may be offered by the Governor in capital felonies; to to provide an effective date.

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

SR 237. 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 Department of Agriculture, with property owners adjacent to the State Farmers Market in Dillard, Georgia.

SR 290. By Senator Broun of the 46th:
A resolution requiring the creation of a plan for the development of services to troubled children and their families and creation of an interagency task force to coordinate and maximize services to such children.

SR 336. By Senators Holloway of the 12th and Overby of the 49th:
A resolution proposing an amendment to the Constitution, so as to provide that a special commission shall be authorized to incorporate amendments into the Constitution; to provide for the submission of this amendment for ratification or rejection.

2410

JOURNAL OF THE SENATE,

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

SR 233. By Senators Kidd of the 25th and Broun of the 46th:
A resolution proposing an amendment to the Constitution, so as to require write-in candidates in special elections to file a notice of inten tion of candidacy in the same manner as such candidates are required to file notices of intention of candidacy in general elections; to provide for submission of this amendment for ratification or rejection.

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

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.

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

SB 522. By Senator Howard of the 42nd:
A bill to amend Code Chapter 88-2, relating to county boards of health, so as to permit county boards of health and health districts to contract with certain agencies, institutions and political subdivisions; to provide for the appointment of directors of health districts; to authorize con tracts for multicounty services; to provide for severability; to provide an effective date.

SB 591. By Senator Kennedy of the 4th:
A bill to amend Code Title 50, relating to habeas corpus, as amended, so as to provide for a habeas corpus clerk in certain judicial circuits of this State; to provide for supplies and equipment; to provide for re imbursement to counties for certain expenses incurred for writs of habeas corpus sued out in the superior courts of said counties.

The House has disagreed to the Senate substitutes to the following bills of the House:

HB 1907. By Representative Connell of the 87th:
A bill to amend an Act to provide and fix the compensation of certain elected officials in certain counties of this State so as to change the salaries of certain elected officials in said counties.

FRIDAY, MARCH 3:, 1978

2411

HB 1232. By Representatives Toles of the 16th, Murphy of the 18th, Oldham of the 14th and others:
A bill to amend an Act known as the "Disabled Persons License Plates Act", approved April 13, 1973, so as to provide that certain deaf persons shall qualify for such license plates; to provide for other matters relative to the foregoing.

HB 1286. By Representative Johnson of the 74th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to change certain provisions relative to refund of tax paid with respect to solar energy machines or equipment; to provide an effective date.

HB 1304. By Representative Taggart of the 125th:
A bill to provide that the Commissioner of Revenue shall have au thority to license and regulate the sale of all alcoholic beverages in bona fide private clubs in this State; to define the term "Club" for licensing purposes; to provide license fees equal to those required of public licensed places of business.

The House has agreed to the Senate amendment to the following bill of the House:
HB 1664. By Representatives Jones of the 126th and Colwell of the 4th:
A bill to amend an Act creating the "Georgia Ports Authority" so as to change the provisions relating to the compensation of the members of the Authority; to provide an effective date.

The House has agreed to the Senate substitutes to the following bills of the House:

HB 1366. By Representatives Harrison, Isakson and Nix of the 20th and others:
A bill to amend Code Chapter 32-9, relating to county boards of education, so as to authorize county boards of education to expend educational funds for the purpose of providing uniforms for school maintenance or custodial personnel; to provide an effective date.

HB 1576. By Representatives Irvin of the 10th, Colwell and Twiggs of the 4th and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act" so as to change the provisions relative to exemptions from certification.

HB 1693. By Representatives Knight of the 67th, Ross of the 76th, Pelton of the 22nd and Sizemore of the 136th:
A bill to amend an Act known as the "Adequate Program for Education

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JOURNAL OP THE SENATE,

in Georgia Act" so as to change the provisions relative to the allocation of special education leadership units.

The House has adopted the report of the Second Committee of Conference on the following bill of the House:

HB 1046. By Representative Taggart of the 125th:
A bill to amend an Act entitled the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", as amended, so as to authorize the State Revenue Commissioner to issue refunds or credits for distilled spirits excise tax stamps purchased by manufacturers, distillers, or wholesalers under certain conditions.

The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 1246. By Representatives Baugh of the 108th, Parham of the 109th, Rowland of the 119th and Savage of the 25th: A bill to amend Code Section 38-418, relating to confidential com munications, so as to provide that communications between a physician and a patient shall be privileged.
The Speaker has appointed on the part of the House the following members thereof:
Representatives Baugh of the 108th, Parham of the 109th and Richard son of the 52nd.
The House insists on its position in amending the following bills of the Senate:

SB 555. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act," as amended, so as to provide for the employment of classroom aides and paraprofessionals; to provide for the authority of "in loco parentis" for such classroom aides and paraprofessionals under certain conditions.
SB 574. By Senators Lester of the 23rd, Starr of the 44th and Duncan of the 30th:
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, as amended, so as to provide that the Governor may designate the State Advisory Council for Mental Health and Mental Retardation as the State Alcoholism Advisory Council to satisfy the provisions of this Act in lieu of creating a distinct Alcoholism Advisory Council.

FRIDAY, MARCH 3, 1978

2413

Senator Broun of the 46th moved that the Senate reconsider its action of March 2 in passing the following bill of the House:

HB 1708. By Representatives Harrison of the 20th and Coleman of the 118th:
A bill to amend an Act authorizing special agents and enforcement officers of the Revenue Department to have certain law enforcement powers in the enforcement of liquor, wine and beer laws.

On the motion to reconsider, Senator Holloway of the 12th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Broun of 46th Carter Eldridge

Holloway McGill Starr

Timmons Turner Wessels

Those voting in the negative were Senators:

Banks Barker Barnes Bond Dean of 6th Doss English Evans Poster

Gillis Hill Howard Kennedy Kidd Langford Overby Pearce Reynolds

Robinson Shapard Stephens Stumbaugh Summers Sutton Thompson Traylor Walker

Those not voting were Senators:

Allgood Bell Brantley Brown of 47th Coverdell Dean of 31st (excused
conferee)

Duncan (excused conferee) Fincher Greene Hudgins Hudson (excused conferee) Johnson

Lester (excused conferee) Paulk Riley (excused conferee) Russell Scott Tate Tysinger

On the motion, the yeas were 10, nays 27; the motion was lost, and HB 1708 was not reconsidered.

Senator Barker of the 18th moved that the Senate reconsider its action of March 2 in adopting the following resolution of the House:

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JOURNAL OP THE SENATE,

HE 586, By Representatives Beck of the 148th, Adams of the 79th and Patten of the 146th:
A resolution proposing an amendment to the Constitution so as to provide for the publication of a summary of each proposed general amendment to the Constitution.

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 Bond Broun of 46th Carter Dean of 6th Doss Eldridge English Foster

Gillis Greene Hill Holloway Hudson Kennedy Kidd Langford McGill Overby Pearce Reynolds

Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Walker

Those not voting were Senators:

Barnes (excused conferee) Bell Brantley Brown of 47th Coverdell Dean of 31st (excused conferee) Duncan (excused conferee)

Evans Fincher Howard Hudgins Johnson Lester (excused conferee) Paulk

Riley (excused conferee) Russell Scott Tate Tysinger Wessels

On the motion, the yeas were 36, nays 0; the motion prevailed, and HR 586 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 resolutions of the Senate were introduced, read the first time and referred to committees:

SR 387. By Senator McGill of the 24th:
A resolution urging the Congress to appropriate certain funds in sup port of the Southeastern Cooperative Wildlife Disease Study. Referred to Committee on Natural Resources and Environmental Quality.

FRIDAY, MARCH 3, 1978

2415

SR 389. By Senators Robinson of the 27th, Allgood of the 22nd and Johnson of the 34th:
A resolution creating the Committee to Study the Retention and Selec tion of Federal Judges. Referred to Committee on Judiciary.

The following reports of standing committees were read by the Secretary:
Mr. President:
Your Committee on Banking, Finance and Insurance has had under considera tion the following bills and resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tions :
HB 785. Do pass by substitute. HB 876. Do pass HB 1014. Do pass. HB 1485. Do pass by substitute. HB 1498. Do pass. HB 1952. Do pass. HR 482. Do pass.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

Mr. President:
Your Committee on County and Urban Affairs has had under consideration th 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 1599. Do pass by substitute. HB 1600. Do pass by substitute. HB 1601. Do pass. HB 1602. Do pass. HB 1603. Do pass by substitute. HB 1606. Do pass by substitute. HB 1607. Do pass by substitute. HB 1608. Do pass by substitute. HB 1609. Do pass by substitute. HB 1610. Do pass.

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JOURNAL OF THE SENATE,

HB 1880. Do pass. HR 566. Do pass by substitute. HR 567. Do pass. HR 568. Do pass. HR 569. Do pass. HR 570. Do pass. HR 571. Do pass by substitute. HR 572. Do pass. HR 573. Do pass by substitute. HR 574. Do pass.

Respectfully submitted, Senator Sutton of the 9th District, Chairman

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 1143. Do pass. HB 1701. Do pass. HB 1766. Do pass. HB 1872. Do pass. HB 1897. Do pass. HB 1899. Do pass. HB 1900. Do pass. HB 1901. Do pass. HB 1902. Do pass. HB 1908. Do pass. HB 1909. Do pass. HB 1922. Do pass. HB 1951. Do pass.
HB 1969. Do pass. HB 1970. Do pass. HB 1972. Do pass as amended.
HB 1995. Do pass.

FRIDAY, MARCH 3, 1978

2417

HB 1996. Do pass. HB 1997. Do pass. HB 2000. Do pass. HB 2014. Do pass. HB 2015. Do pass. HB 2021. Do pass. HB 2028, Do pass. HB 2029. Do pass. HB 2031. Do pass. HB 2032. Do pass. HB 2033. Do pass. HB 2034. Do pass. HB 2035. Do pass. HB 2036. Do pass. HB 2040. Do pass. HB 2041. Do pass. HB 2043. Do pass. HB 2048. Do pass. HB 2049. Do pass. HB 2050. Do pass. HB 2051. Do pass. HB 2052. Do pass. HB 2053. Do pass. HB 2054. Do pass. HB 2055. Do pass. HB 2059. Do pass. HB 2060. Do pass as amended. HB 2061. Do pass as amended. HB 2062. Do pass. HB 2063. Do pass. HB 2064. Do pass. HB 2065. Do pass as amended.
HR 528. Do pass.
HR 550. Do pass.

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JOURNAL OF THE SENATE,

HR 587. Do pass HR 715. Do pass by substitute. HB 1975. Do pass.
Respectfully submitted, Senator Sutton of the 9th District, Chairman

Mr. President:

Your Committee on Governmental Operations 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 1575. Do pass.
HB 1764. Do pass by substitute.

Respectfully submitted, Senator Kidd of the 25th District, Chairman

Mr. President:

Your Committee on Higher Education 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 1333. Do pass.
HB 1665. Do pass.

Respectfully submitted, Senator Doss of the 52nd District, Chairman

Mr. President:

Your Committee on Human Resources 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 39. Do pass by substitute.

Respectfully submitted, Senator Howard of the 42nd District, Chairman

Mr. President:

Your Committee on Human Resources has had under consideration the following bills and resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1282. Do pass.

FRIDAY, MARCH 3, 1978

2419

HB 1625. Do not pass HB 1807. Do pass. HB 1905. Do pass. HR 227. Do pass.
Respectfully submitted, Senator Howard of the 42nd District, Chairman

Mr. President:

Your Committee on Industry, Labor & 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 1358. Do not pass.
Respectfully submitted,
Senator Ballard of the 45th District, Chairman

Mr. President:

Your Committee on Judiciary has had under consideration the following bills and resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 279. Do pass. HB 795. Do pass. HB 1048. Do pass. HB 1328. Do pass. HB 1427. Do pass. HB 1432. Do pass by substitute. HB 1591. Do pass. HB 1683. Do pass. HB 1738. Do not pass. HR 479. Do pass.
Respectfully submitted, Senator Overby of the 49th District, Chairman

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

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 definitions; to

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JOURNAL OF THE SENATE,
make certain acts relating to the sale or lease of housing accommoda tions unlawful.

HB 785. By Representatives Williams and Foster of the 6th, Ramsey of the 3rd and Walker of the 115th:
A bill to amend Code Title 67, relating to mortgages, conveyances to secure debt, and liens, as amended, by striking in its entirety Code Chapter 67-19, relating to laundrymen's liens, and inserting in lieu thereof a new Code Chapter 67-19.

HB 795. By Representatives Coleman of the 118th, Foster of the 152nd, Tuten of the 153rd and Ramsey of the 3rd:
A bill to amend Code Chapter 44-3, relating to arrest within this State of certain fugitives from justice and proceedings connected therewith, so as to authorize an officer of another state in fresh pursuit of a person believed to have committed a felony in such other state to enter this State for the purpose of arresting such person.

HB 876. By Representatives Foster and Williams of the 6th and Walker of the 115th:
A bill to amend Code Title 67, relating to mortgages, conveyances to secure debt, and liens, as amended, by striking in its entirety Code Chapter 67-24, relating to liens on personal property, and providing in lieu thereof a new Code Chapter 67-24, so as to provide judicial supervision, notice and hearing prior to certain foreclosures.

HB 1014. By Representative Greer of the 43rd:
A bill to amend Code Chapter 56-10, relating to investment provisions of the Georgia Insurance Code, as amended, so as to authorize the sale of variable life insurance to; provide definitions; to provide conditions; to provide limitations.

HB 1048. By Representatives Coleman of the 118th and Veazey of the 146th:
A bill to amend an Act establishing the qualifications for agents of the Ga. Bureau of Investigation, as amended, so as to change the term "special contract investigators" to "narcotics agents"; to provide an effective date.

HB 1282. By Representative Dixon of the 151st:
A bill to amend Code Chapter 88-3, relating to enforcement of the Georgia Health Code and administrative procedure, as amended, so as to require the giving of certain notices in cases in which an ap plication for an individual sewage disposal system permit is denied; to provide for use of certain findings in the determination of fair market value for ad valorem tax purposes; to provide for practices and procedures; to provide for definitions.

FRIDAY, MARCH 3, 1978

2421

HB 1328. By Representative Irvin of the 23rd:
A bill to amend Code Chapter 46-3, relating to property and persons subject to garnishment, so as to change the amount of exemption allowed for garnishments based on judgments for alimony or for the support of a dependent; to provide an effective date.

HB 1333. By Representative Pinkston of the 100th:
A bill to create the Georgia Educational Facilities Authority; to au thorize the Authority to acquire, construct and equip self-liquidating Projects consisting of educational facilities for lease or sale to private institutions of higher education; to confer powers and impose duties on the Authority; to provide for the appointment of members of the Authority.

HB 1427. By Representatives Hawkins of the 50th, Horton of the 43rd and Taggart of the 125th:
A bill to amend the Code of Georgia of 1933 so as to provide for an arbitration title; to provide for a short title ("Georgia Arbitration Code") ; to provide for the effect of agreements to submit to arbitration controversies, existing or thereafter arising; to provide for applications to the court, venue, and service of papers.

HB 1432. By Representatives Coleman of the 118th, McDonald of the 12th, Hanner of the 130th and others:
A bill to amend Code Chaper 38-1, relating to the general principles and rules governing the admission of testimony, so as to create a new Code Section 38-124, relating to presumptions as to the cause and origins of fires.

HB 1485. By Representatives Mostiler of the 71st, Adams of the 79th, Daniel of the 88th and others:
A bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act" so as to provide certain conditions upon the authority of a municipality to levy or collect proceeds from the local option sales tax.

HB 1498. By Representative Jones of the 78th:
A bill to amend Code Section 92-6201, relating to time for making tax returns, so as to specify the time for making tax returns in all counties of the State having a population of not less than 10,450 and not more than 10,650, according to the United States Decennial Census of 1970 or any future such census.

HB 1575. By Representatives Jones of the 78th and Tucker of the 73rd:
A bill to amend Code Section 47-101, relating to the apportionment of the House of Representatives, so as to change the composition of certain Representative Districts.

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JOURNAL OF THE SENATE,

HB 1591. By Representative Hatcher of the 131st:
A bill to amend an Act known as the Georgia Motor Vehicle Accident Reparations Act so as to provide that certain courts shall have jurisdiction to try persons charged with operating a motor vehicle without insurance.

HB 1665. By Representatives Murphy of the 18th, Vaughn of the 57th, Connell of the 87th and others:
A bill to amend an Act authorizing tuition grants under certain condi tions to students in the State-supported military college so as to increase the amount of tuition grants; to provide an effective date.

HB 1683. By Representatives Butler, Tolbert and Johnston of the 56th and others:
A bill to amend Code Section 26-1312, relating to the crime of inter ference with custody, so as to include within the crime the act of knowingly bringing into this State a person committed to the custody of another person; to provide a penalty; to provide for editorial re vision.

HB 1764. By Representatives Home of the 104th, Pinkston of the 100th, Lucas of the 102nd and others:
A bill to amend Code Title 34, also known as the "Georgia Election Code", so as to provide for substituted nominations by special primaries in the event of vacancies occurring in any party nomination (filled by primary) for a federal, State or county office filled by the vote of electors within a single county, by reason of the death, disqualification or withdrawal of any candidate therefor, occurring after nomination.

HB 1807. By Representatives Lambert of the 112th, Carlisle of the 71st, Murphy of the 18th and others:
A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977" so as to permit the Department of Medical Assistance to seek reimbursement for medical assistance rendered to a person as a result of sickness.

HB 1905. By Representative Adams of the 36th:
A bill to amend Code Section 88-3111, relating to exemptions from certain provisions regulating ambulance services, so as to exempt cer tain emergency vehicles.

HB 1952. By Representatives Murphy of the 18th and Pinkston of the 100th:
A bill to amend an Act known as the "Georgia State Financing and Investment Commission Act" so as to change definitions; to change references to the Constitution; to delete references to the "State Trea-

FRIDAY, MARCH 3, 1978

2423

surer" and replace such references with the "Director, Fiscal Division, Department of Administrative Services."

HR 479. By Representatives Murphy of the 18th, Connell of the 87th and Snow of the 1st:
A resolution proposing an amendment to the Constitution so as to pro vide for the effective date of amendments to the Constitution.

HR 482. By Representatives Adams of the 36th, Harrison, Isakson and Nix of the 20th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to exempt from taxation certain prop erty owned by a nonprofit corporation organized for the primary pur pose of encouraging cooperation between parents and teachers to pro mote the education and welfare of children and youth.

HB 1599. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A bill to create a 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 Decennial Census of 1970 or any future United States Decennial Census, and to define its powers and duties.

HB 1600. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A bill to require the Tax Commissioner of Fulton County to receive tax returns for all taxable property of each of the municipalities lying wholly or partially within Fulton County; to provide for the use of consolidated tax return forms; to require the preparation of digests from such returns.

HB 1601. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A bill to amend Georgia Code Title 34A, the Georgia Municipal Elec tion Code, relating to the authority of any municipality lying wholly or partially within certain counties to authorize the county to conduct any election.

HB 1602. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb so as to change the qualification pro visions relative to Council Members, President of the Council, and Mayor holding or seeking any other elective office or holding a posi tion of full-time employment.

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JOURNAL OF THE SENATE,

HB 1603. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31th and others:
A bill to provide the procedures for the preparation and annual up dating by the Fulton County governing authority of a countywide framework plan for all of incorporated and unincorporated Fulton County.

HB 1606. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A bill to provide the procedures for the County operation, maintenance, and funding of all public garbage disposal systems located within un incorporated Fulton County or within any municipality located wholly or partially within Fulton County.

HB 1607. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A bill to create the Unified Atlanta-Fulton County Water and Sewer System; to provide a short title for this Act ("Unified Atlanta-Fulton County Water and Sewer System Act"); to provide for the definition of terms used in this Act; to provide for the powers and property of such system; to provide for the acquisition and transfer of property to such system.

HB 1608. By Representatives Marcus of the 2.6th, Adams of the 36th, Hamilton of the 31st and others:
A bill to provide the procedures for the establishment of the Countywide Library System in Fulton County; to provide for the transfer of all existing library services and facilities located within unincor porated Fulton County and within any municipality located wholly or partially within Fulton County.

HB 1609. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A bill to provide for the financing of services in any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census.

HB 1610. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A bill to amend Section 2 of an Act known as "The Municipal Home Rule Act of 1965" so as to prohibit the General Assembly from enacting a local act to annex an area larger than forty acres or having more than 50 residents according to the latest United States Census.

HB 1880. By Representatives Smith of the 42nd, and Horton and Carnes of the 43rd:
A bill to amend an Act establishing a Charter for the City of Fairburn

FRIDAY, MARCH 3, 1978

2425

so as to provide for a change in the penalties upon conviction of the violation of any municipal ordinance in the Recorder's Court of the City of Fairburn.

HR 566. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A resolution proposing an amendment to Article IX, Section I, Para graph VI of the Constitution so as to authorize the General Assembly to require the Tax Receiver, Tax Collector, or Tax Commissioner of Fulton County to receive tax returns and collect taxes due to any or all municipalities located wholly or partially within Fulton County, at no charge to said municipalities.

HR 567. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A resolution proposing an amendment to the Constitution so as to provide for the preparation and annual updating, by the Fulton County governing authority, of a Countywide framework plan for all incor porated and unincorporated Fulton County.

HR 568. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A resolution proposing an amendment to the Constitution so as to pro vide for a seven-member Fulton County Planning Commission; to pro vide for their appointment by the Fulton County Board of Commis-

HR 569. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A resolution proposing an amendment to the Constitution so as to pro vide for the transfer of all existing municipally owned or operated sanitary landfills or garbage disposal systems located within unincor porated Fulton County or within any municipality located wholly or partially within Fulton County.
HR 570. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create a unified Atlanta-Fulton County Water and Sewer System; to provide for the City of Atlanta to own, finance, operate and manage the Atlanta-Fulton County Water and Sewer System on a unified basis throughout Fulton County and in such other areas as may be desirable.
HR 571. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A resolution proposing an amendment to the Constitution so as to pro-

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vide for the transfer of all existing library facilities and services lo cated within unincorporated Fulton County and within any munici pality located wholly or partially within Fulton County, together with the property, debts, assets and employees thereof, to the County-wide Library Service.

HR 572. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A resolution proposing an amendment to the Constitution so as to es tablish a method for providing prompt traffic engineering services, to be performed by the City of Atlanta at cost, in Fulton County and municipalities located wholly or in part within Fulton County.

HR 573. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly shall be authorized by law to provide requirements relative to the financing of services in counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1&70 or any future such census.

HR 574. By Representatives Adams of the 36th and Games of the 43rd:
A resolution proposing an amendment to the Constitution so as to pro vide that in Fulton County branch offices may be established by the governing authority of the county for the conduct of county business.

HB 1143. By Representative Dixon of the 151st:
A bill to amend an Act creating a Board of Commissioners of Ware County, as amended, so as to change the salary of the chairman of the board of commissioners; to authorize the board of commissioners to increase the salary of the chairman of the board after a certain date.

HB 1701. By Representatives Buck of the 95th, Cason of the 96th, Bishop of the 94th and others:
A bill to amend an Act establishing the State Court of Muscogee County so as to change the compensation of the Solicitor and the As sistant Solicitor of the State Court of Muscogee County.

HB 1766. By Representatives Burruss and Housley of the 21st, Cooper of the 19th and others:
A bill to amend an Act creating a Board of Commissioners for Paulding County so as to change the provisions relating to the recall of the chairman or commissioners.

FRIDAY, MARCH 3, 1978

2427

HB 1872. By Representative Kemp of the 139th:
A bill to amend an Act supplementing the fees of the Judge of the Probate 'Court of Liberty County so as to change the compensation of clerk of the judge of the probate court.

HB 1897. By Representatives Kemp of the 139th and Rush of the 121st:
A bill to amend an Act establishing the Board of Commissioners of Long County so as to authorize the board of commissioners to fix the compensation of the clerk of the board within a certain salary range.

HB '1899. By Representatives Rush of the 121st and Kemp of the 139th:
A bill to amend an Act placing the Judge of the Probate Court of Long County on an annual salary so as to authorize the board of commis sioners to fix the salary of the clerk of the judge of the probate court within a certain salary range.

HB 1900. By Representatives Rush of the 121st and Kemp of the 139th:
A bill to amend an Act placing the Sheriff of Long County on an annual salary in lieu of the fee system of compensation so as to authorize the board of commissioners to fix the compensation of deputy sheriffs within a certain salary range; to change the number of deputy sheriffs.

HB 1901. By Representatives Rush of the 121st and Kemp of the 139th:
A bill to amend an Act placing the Clerk of the Superior Court of Long County on an annual salary so as to authorize the board of com missioners to fix the salary of the deputy clerk of the superior court within a certain salary range.

HB 1902. By Representatives Rush of the 121st and Kemp of the 139th:
A bill to amend an Act creating the State Court of Long County so as to authorize the board of commissioners to fix the compensation of the solicitor of said court within a certain salary range.

HB 1908. By Representative Connell of the 87th:
A bill to amend an Act establishing a charter for the City of Augusta and incorporating the City Council of Augusta so as to provide that the rules for qualification, promotional policy and selection policy of the fire department shall be controlled by rules established by the City Council of the City of Augusta.

HB 1909. By Representative Connell of the 87th:
A bill to amend an Act creating the Augusta-Savannah River Parking and Urban Redevelopment Authority so as to change the name of said

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Authority; to provide that work and propects done outside of the city limits of the City of Augusta by or through the Authority shall first be approved by the City Council of Augusta.

HB 1922. By Representatives Taggart of the 125th, Battle of the 124th and Hill of the 127th:
A bill to provide for the compensation of certain county officers and officials of Chatham County; to provide for cost-of-living increases.

HB 1951. By Representatives Benefield, Johnson, Wood of the 72nd and others:
A bill to amend an Act abolishing the fee system of compensation for the Clerk of Superior Court of Payette County and providing an annual salary in lieu thereof so as to change the compensation of the clerk of superior court.

HB 1969. 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 so as to authorize the sheriff to appoint three deputies; to provide that Bacon County shall furnish not less than four automobiles to the sheriff and his deputies.

HB 1970. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act creating the Small Claims Court in Bacon County so as to change the provisions relative to the cost of filing claims; to change the provisions relative to jurisdiction.

HB 1972. By Representative Adams of the 79th:
A bill to amend an Act incorporating the City of Molena so as to change the terms of the mayor and aldermen and provide for staggered terms.

HB 1975. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to amend an Act providing for the merger of the independent school system of the Mayor and Council of the City of Athens and the school district of Clarke County so as to provide that taxes levied thereunder for support and maintenance of the school system shall not be levied or used for the purpose of acquiring real estate or purchasing or constructing buildings or to accumulate funds for future use.

HB 1995. By Representatives Jones of the 78th and Adams of the 79th:
A bill to amend an Act fixing the salary for the chairman and members of the Board of Commissioners of Pike County so as to change the compensation of the chairman and members of the board.

FRIDAY, MARCH 3, 1978

2429

HB 1996. By Representatives Russell of the 64th and McDonald of the 12th:
A bill to amend an Act to re-create and establish a Board of Com missioners of Barrow County so as to change certain provisions relating to limitation on business dealings with the county by certain persons, firms, and corporations; to change the compensation of the chairman of the Board of Commissioners.

HB 1997. By Representatives Russell of the 64th and McDonald of the 12th: A bill to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Barrow County into the office of Tax Commissioner of Barrow County so as to change the compensation of the tax commissioner.
HB 2000. By Representative Culpepper of the 98th: A bill to amend an Act creating a Small Claims Court for Crawford County so as to change the provisions relating to the jurisdiction of said court; to change the provisions relating to court costs; to change the provisions relating to bailiffs; to change the provisions relating to fees.
HB 2014. By Representatives Tuten of the 153rd and Auten of the 154th: A bill to amend an Act abolishing the fee system mode of compensating the Clerk of the Superior Court and the Judge of the Probate Court of Glynn County and placing said officers on an annual salary so as to change the provisions relating to the compensation of the deputies of the judge of the probate court.
HB 2015. By Representatives Tuten of the 153rd and Auten of the 154th: A bill to amend an Act creating the State Court of Glynn County so as to change the provisions relating to the compensation of the clerk and deputy clerks; to change the number of deputy clerks authorized.
HB 2021. 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 change the compensation provisions relating to the sheriff.
HB 2028. By Representative Ross of the 76th: A bill to amend an Act creating a new charter for the City of Lincolnton so as to change the provisions relating to temporary loans.
HB 2029. By Representative Ross of the 76th: A bill to amend an Act creating a Board of Commissioners of Roads

2430

JOURNAL OP THE SENATE,

and Revenues of Lincoln County so as to change the compensation of the chairman and members of the board of commissioners.

HB 2031. By Representative Ross of the 76th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Lincoln County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements.

HB 2032. By Representative Ross of the 76th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Lincoln County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees and emoluments; to provide for periodic statements.

HB 2033. 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 so as to change the compensation of the tax com missioner; to provide for payment by the county of certain expenses of the office of tax commissioner.

HB 2034. By Representative Ross of the 76th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lincoln County and providing in lieu thereof an annual salary so as to change the compensation of the said sheriff.

HB 2035. By Representative Ross of the 76th:
A bill to amend an Act providing compensation for the Treasurer of Lincoln County so as to change the compensation of said treasurer.

HB 2036. By Representative Jones of the 78th:
A bill to amend an Act to provide minimum salaries for probate judges of the various counties within the State of Georgia so as to change the minimum salary of the probate judge in all counties having a certain population.

HB 2040. By Representative Murphy of the 18th:
A bill to amend an Act providing an annual salary for the Treasurer of Haralson County so as to change the compensation of the Treasurer of Haralson County.

FRIDAY, MARCH 3, 1978

2431

HB 2041. By Representatives Mann, Milford and Clark of the 13th:
A bill to create and establish a Small 'Claims Court in and for Franklin County.

HB 2043. By Representatives Tuten of the 153rd and Auten of the 154th:
A bill to amend an Act placing the Sheriff of Glynn County upon an annual salary so as to authorize the employment and compensation of certain additional personnel by the sheriff; to change the provisions relating to the compensation of certain persons employed by the sheriff.

HB 2048. By Representative Culpepper of the 98th:
A bill to amend an Act creating and establishing a new charter for the City of Byron so as to repeal the provisions relating to the mayor's court and to create a recorder's court for said city; to provide for the appointment of a judge.

HB 2049. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act creating a county commissioner of Gilmer County and an advisory board of Gilmer County so as to change the provisions relative to the compensation of the commissioner, the clerk of the commissioner and members of the advisory board.

HB 2050. By Representatives Colwell and Twiggs of the 4th.:
A bill to amend an Act abolishing the fee system of compensation for the Clerk of the Superior Court of Gilmer County and providing a salary for said officer so as to change the provisions relative to the com pensation of the deputy clerk.

HB 2051. By Representative Chance of the 129th:
A bill to amend an Act creating a charter for the City of Bloomingdale in the County of Chatham so as to change the corporate powers; to provide for issuance of bonds; to provide for a referendum.

HB 2052. By Representative Chance of the 129th:
A bill to amend an Act creating a charter for the City of Bloomingdale in the County of Chatham so as to redefine the corporate limits.

HB 2053. By Representative Chance of the 129th:
A bill to amend an Act creating a charter for the City of Bloomingdale in the County of Chatham so as to change the jurisdiction of the City Police Court.

HB 2054. By Representatives Wood, Jackson and Whitmire of the 9th:
A bill to amend an Act entitled "An Act to amend the charter of the City of Gainesville, to change the corporate name of said City, to

2432

JOURNAL OF THE SENATE,

abolish the office of Mayor and Councilmen and certain other offices of said City created by Legislative enactment, to provide for a Commission Manager form of government for said City".

HB 2055. By Representatives Wood, Jackson and Whitmire of the 9th: A bill to create the Gainesville Redevelopment Authority.

HB 2059. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act placing the Probate Court Judge of Laurens Court on an annual salary in lieu of fees so as to change the compensation of the probate court judge.

HB 2060. By Representatives Greene and Stone of the 138th:
A bill to amend an Act creating the Board of Commissioners of Appling County so as to change the compensation of the Commissioners of Appling County.

HB 2061. By Representatives Greene and Stone of the 138th:
A bill to amend an Act placing certain of the county officers of Appling County upon an annual salary so as to change the compensation of the Sheriff and the Clerk of the Superior Court of Appling County.

HB 2062. By Representatives Greene and Stone of the 138th:
A bill to amend an Act placing certain of the county officers of Appling County upon an annual salary so as to change the compensation of the Sheriff of Appling County.

HB 2063. By Representatives Stone and Greene of the 138th:
A bill to provide that the Board of Commissioners of Appling County shall forego the collection and remittance of the commission on the collection of school taxes in Appling County.

HB 2064. By Representatives Greene and Stone of the 138th:
A bill to amend an Act placing the Judge of the Probate Court of Appling County on a salary so as to change the compensation of the judge.

HB 2065. By Representatives Greene and Stone of the 138th:
A bill to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Appling County into the office of the Tax Commissioner of Appling County so as to change the compensation of the tax commissioner.

FRIDAY, MARCH 3, 1978

2433

HR 528. By Representative Jones of the 78th:
A resolution proposing an amendment to the Constitution so as to exempt certain homestead property in Butts County from ad valorem taxes levied for school purposes.

HR 550. By Representative Jones of the 78th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Pike County to require that returns for ad valorem taxation in the county be made to the county board of tax assessors.

HR 587. By Representative Irvin of the 23rd:
A resolution proposing an amendment to the Constitution so as to provide that the residents of the City of Roswell who are 65 years of age or over shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said city.

HR 715. By Representatives Childs of the 51st, Noble of the 48th, Clark of the 55th and others:
A resolution proposing an amendment to the Constitution so as to provide that municipalities lying wholly within DeKalb County and the DeKalb County portion of any municipality lying wholly or partially within DeKalb County shall constitute special services tax districts.

HR 39. By Representatives Greer of the 43rd and Marcus of the 26th:
A resolution proposing an amendment to the Constitution so as to prohibit mandatory retirement and mandatory resignation from office or employment of any official, officer or employee of the State of Georgia, Board of Education, or authority solely because of age.

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 497. By Senator Stephens of the 36th:
A bill to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county, 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.

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JOURNAL OF THE SENATE,

SB 648. By Senator Bell of the 5th:
- A bill to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, as amended, so as to change the provisions relative to school board dis tricts.

The report 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 1756. By Representatives Greene and Stone of the 138th:
A bill to abolish the present mode of compensating the coroner of Wayne County, known as the fee system; to provide in lieu thereof a salary and an expense allowance; to provide for the payment of the operating expenses of said 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 48, nays 0.

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

HB 1852. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act abolishing the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court and the Tax Commissioner of Brantley County so as to change the pro visions relating to the compensation of personnel of the Clerk of the Superior Court, the Judge of the Probate Court and the Tax Commis sioner of Brantley 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 1853. By Representatives Foster and Wheeler of the 152nd: A bill to amend an Act creating the office of commissioners of roads

FRIDAY, MARCH 3, 1978

2435

and revenues of Brantley County so as to change the compensation of the members of the Board of Commissioners of Brantley County, in cluding 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 48, nays 0.

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

HB 1871. By Representative Kemp of the 139th:
A bill to amend an Act providing for the compensation of the Sheriff and the Clerk of the Superior Court of Liberty County so as to change the annual 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 48, nays 0.

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

HB 1884. By Representative Vaughn of the 57th:
A bill to amend an Act creating the office of Tax Commissioner of Rockdale County so as to fix the fees payable to Rockdale County for the collection of education taxes by the Tax Commissioner of Rockdale 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 1886. By Representative Vaughn of the 57th:
A bill to amend an Act creating a Board of Commissioners for Rockdale County so as to change the provisions relating to audits.

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

2436

JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1898. By Representatives Kemp of the 139th and Rush of the 121st:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Long County into the office of Tax Commissioner of Long County so as to provide that the tax commissioner shall receive additional compensation on taxes collected in excess of a certain per centage of the taxes due according to the Tax Net Digest.

The report 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 1903. By Representatives Rush of the 121st and Kemp of the 139th:
A bill to amend an Act placing the Sheriff of Long County on an annual salary in lieu of the fee system of compensation so as to au thorize the board of commissioners to fix the salary of the clerk of the sheriff within a certain salary range.

The report 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 1923. 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 so as to increase the corporate limits of the City of Smyrna; to change the compensation of the Mayor and Council of the City of Smyrna.

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

On the passage of the bill, the yeas were 48, nays 0.

FRIDAY, MARCH a, 1978

2437

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

HB 1935. By Representatives Greene and Stone of the 138th:
A bill to amend an Act establishing the State Court of Wayne County so as to change the compensation of the 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 48, nays 0.

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

HB 1968. By Representatives Wood, Whitmire and Jackson of the 9th:
A bill to amend an Act creating the Board of Commissioners of Hall County so as to change the boundaries of the commissioner districts.

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

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1998. By Representatives Burton of the 47th, Williamson of the 45th, Linder of the 44th and others:
A bill to amend the charter of the City of Chamblee so as to increase the fine and imprisonment and change the penalties.

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

On the passage of the bill, the yeas were 48, nays 0.

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

HB 2005. By Representative McDonald of the 12th:
A bill to amend an Act creating a new charter for the City of Jefferson so as to provide that the mayor shall be eligible to succeed himself in office.

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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 48, nays 0.

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

HB 2011. By Representative McDonald of the 12th: A bill to create a new charter for the City of Hoschton.

The report 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 2016. By Representatives Jones of the 126th, Battle of the 124th, Gignilliat of the 122nd and others:
A bill to amend an Act providing for a board of elections in counties of this State having a population of more than 170,000 and less than 195,000 persons according to the 1970 United States Decennial Census, or any such future census, so as to change the manner of filling va cancies in the office of 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 48, nays 0.

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

HB 2022. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Warner Robins so as to change the 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.

FRIDAY, MARCH 3, 1978

2439

HB 2042. By Representative Edwards of the 110th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector in the County of Marion into the office of Tax Com missioner of Marion County so as to authorize the tax commissioner to hire a 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 48, nays 0.

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

HB 2044. By Representatives Murray of the 116th and Castleberry of the lllth:
A bill providing for the compensation of the chairman and members of the board of commissioners of each county of this State having a population of not less than 26,290 and not more than 27,280 according to the United States Decennial Census of 1970 or any future such census.

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

On the passage of the bill, the yeas were 48, nays 0.

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

SB 647. By Senator Bell of the 5th:
A bill to amend an Act establishing districts in DeKalb County from which the members of the county board of education shall be elected, as amended, so as to change the compensation of the members of the board of education.

The Senate Committee on County and Urban Affairs offered the following substitute to SB 647:

A BILL
To be entitled an Act to amend an Act establishing districts in DeKalb County from which the members of the county board of educa-

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JOURNAL OF THE SENATE,

tion shall be elected, approved April 12, 1963 (Ga. Laws 1963, p. 3424), as amended, so as to change the compensation of the members of the board of education; to provide conditions for the effectiveness of this Act and for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act establishing districts in DeKalb County from which the members of the county board of education shall be elected, approved April 12, 1963 (Ga. Laws 1963, p. 3424), as amended, is hereby amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows:

"Section 9. The chairman and members of said board of educa tion shall be paid $300.00 per month as their entire compensation for services rendered and for attendance at all regular and special meetings of said board."

Section 2. This Act shall become effective only if an amendment to the Constitution authorizing the General Assembly to provide by local law for the nonpartisan election of any or all members of the DeKalb County Board of Education and for the compensation of the members of said Board is ratified at the 1978 general election. If said amendment to the Constitution is ratified at the 1978 general election, this Act shall become effective on January 1, 1979.

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 48, 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.

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1851. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act placing the Sheriff of Brantley County upon an annual salary so as to change the provisions relating to the number of deputy sheriffs and their compensation; to change the provisions relating to automobiles.

FRIDAY, MARCH 3, 1978

2441

The Senate Committee on County and Urban Affairs offered the following amendment:

Amend HB 1851 by striking from Section 2, on lines 26 and 33 on Page 2, the following:

"four (4)",

and inserting in lieu thereof the following:

"two (2)".

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 requisite constitutional majority, was passed as amended.

HB 1887. By Representative Vaughn of the 57th: A bill to create a new charter for the City of Conyers.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1887 as follows:
By inserting on line 31 of Page 3, after the word and semicolon "severability;", the following:
"to provide for a referendum;",
by renumbering Sections 8-107 and 8-108 as Sections 8-108 and 8-109, respectively, and
by adding a new Section 8-107, to read as follows:
"Section 8-107. Not less than 30 nor more than 60 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election super intendent of the City of Conyers to issue the call for an election for the purpose of submitting this Act to the electors of the City of Conyers1 for approval or rejection. The superintendent shall set

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JOURNAL OF THE SENATE,

the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superin tendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Rockdale County. The ballot shall have written or printed thereon the words:
'( ) YES Shall the Act creating a new charter for the ( ) NO City of Conyers be approved?'
All persons desiring to vote for approval of the Act shall vote 'Yes', and those persons desiring to vote for rejection of the Act shall vote 'No'. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by the City of Conyers. 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."

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 requisite constitutional majority, was passed as amended.
HB 1986. By Representatives Cooper, Kaley and Wilson of the 19th:
A bill to amend an Act reincorporating the City of Marietta and creating a new charter for said city so as to change the compensation of the mayor and councilmen.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1986:
A BILL
To be entitled an Act to amend an Act reincorporating the City of Marietta and creating a new charter for said city, approved March 23, 1977 (Ga. Laws 1977, p. 3541), so as to change the compensation of the mayor and councilmen; to change the penalty for violations of city ordinances; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

FRIDAY, MARCH 3, 1978

2443

Section 1. An Act reincorporating the City of Marietta and creating a new charter for said city, approved March 23, 1977 (Ga. Laws 1977, p. 3541), is hereby amended by striking from Section 2.12 of said Act the following:
"$4,800.00",

and inserting in lieu thereof the following:

"$6,000.00",

and by striking from said Section the following:

"$400.00",

and inserting in lieu thereof the following:

"$500.00",

and by striking from said Section the following:

"$2,400.00",

and inserting in lieu thereof the following:

"$3,600.00",

and by striking from said Section the following:

"$200.00",

and inserting in lieu thereof the following:

"$300.00",

so that when so amended Section 2.12 shall read as follows:

"Section 2.12. Salaries; reimbursement of expenses. The salar ies of the mayor and each councilman shall be as prescribed by ordinance, subject to any limitations on the taking effect of same as prescribed by law.

The council may also provide by ordinance for the reimburse ment of expenses incurred in the performance of their official duties as mayor and councilmen.

Until changed by ordinance, the mayor shall be paid a salary of $6,000.00 per year, payable in equal monthly installments of $500.00 for attending council and committee meetings, plus $110.00 monthly, for expenses incurred for and in behalf of the city for travel within the city; until changed by ordinance, all other mem-

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JOURNAL OF THE SENATE,

bers of the council shall receive a salary of $3,600.00 per year, pay able in equal monthly installments of $300.00 for attending council and committee meetings, plus $100.00 monthly for expenses incur red for and in behalf of the city for travel within the city. All members of the council shall be entitled to reimbursement for reason able travel expenses and reasonable official business expenditures incurred outside the limits of the city for and in behalf of the city; provided, however, that reimbursement for such expenses shall not be made until an itemized voucher for such expenses has been sub mitted to and approved by the city finance officer."

Section 2. Said Act is further amended by striking paragraph (2) of Section 6.3 in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:

"(2) Upon conviction, to sentence any offender to labor upon the streets or public works in said city for a period not exceeding thirty (30) days; to impose a fine not exceeding one thousand dollars ($1,000.00) or to sentence said offender to be confined in the jail or other place of imprisonment in the county not exceeding sixty (60) days, either one or more of said penalties."

Section 3. 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 4. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted.

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

On the passage of the bill, the yeas were 48, nays 0.

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

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

Allgood Ballard Banks Barker Bell Bond Broun of 46th

Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge English

Foster Gillis Greene Hill Holloway Hudgins Hudson

Johnson Kennedy Kidd Langford McGill Overby Paulk Pearce

FRIDAY, MARCH 3, 1978

2445

Reynolds Robinson Russell Scott Shapard Starr Stephens Summers

Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker

Those not answering were Senators:

Barnes (excused conferee) Brantley Dean of 31st (excused conferee)

Duncan (excused conferee) Evans Fincher Howard

Lester (excused conferee) Riley (excused conferee) Stumbaugh
Wessels

Senator Timmons of the llth introduced the chaplain of the day, Reverend Charles Dennis, pastor of Friendship United Methodist Church, Donalsonville, Georgia, who offered prayer.

The following resolutions of the Senate and House were read and adopted:

SR 383. By Senators Robinson of the 27th, Shapard of the 28th, Greene of the 26th and others:
A resolution expressing appreciation to the Georgia Educational Tele vision Network, Mr. Bill Johnson and the members of his staff.

SR 384. By Senator Doss of the 52nd: A resolution commending Bill Lowery.

SR 385. By Senator Timmons of the llth: A resolution commending Boudleaux and Felice Bryant.

SR 386. By Senator Doss of the 52nd: A resolution commending Jerry Reed.

SR 388. By Senator Robinson of the 27th:
A resolution expressing appreciation to the members of the Georgia Student Intern Program.

HR 827. By Representatives Hawkins of the 50th, Richardson of the 52nd, Isakson of the 20th and others:
A resolution expressing appreciation to and commending Louise Davis Davison.

2446

JOURNAL OF THE SENATE,

The following bill of the House was taken up for the purpose of considering the House action thereto:

HB 1304. By Representative Taggart of the 125th:
A bill to provide that the Commissioner of Revenue shall have authority to license and regulate the sale of all alcoholic beverages in bona fide private clubs in this State; to define the term "Club" for licensing purposes; to provide license fees equal to those required of pubilc licensed places of business.

Senator Robinson of the 27th moved that the Senate insist upon the Senate substitute to HB 1304.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1304.

SENATE RULES CALENDAR
Friday, March 3, 1978
HR 724. General Assembly Appropriations Act--continue until another adopted
HB 229. Planning and Programming Bureau--per diem for certified members
HB 256. Criminal Justice Act--appropriation of State funds (SUB)
HB 304. District Attorney Emeritus Retirement Fund--survivor's benefits (AM)
HB 791. Commissioner of Administrative Services--include statutory bonds of State officials
HB 1312. Minor--unlawful for person to put to indecent, obscene exhibitions (SUB)
HB 1320. Legal Weapons for Hunting Wildlife--relative to HB 1327. Torts--redefine "homicide" HB 1459. Teachers' Retirement--creditable service certain members for
duty in armed forces HB 1503. Bonds Tax Collectors Give to State and County--increase amount
(SUB) HB 1504. County Superior Court Clerks--deposit certain funds in registry HB 1507. Joint Planning Commissions--change provisions on subdivision
regulation HB 1510. Financial Institution--may close one day in addition to Sunday HB 1585. Area Planning and Development Commissions--change member
ship provisions
HB 1598. Public School Sites--not subject to city, county zoning laws

FRIDAY, MARCH S, 1978

2447

HB 1629. Bus Passenger Safety Act^provide (SUB)
HB 1638. Records Act--means for local governments to establish records (SUB)
HB 1661. Medical College Clinical Training Program--discontinuance date
HB 1699. Chapter on Billiard Room Regulations--not apply to counties over 100,000 (SUB)
HB 1755. Liming Materials Act--change labeling provisions (AM)
HB 1775. Juvenile Court Judges--Human Resources Department inspect records.
HB 1780. Uniforms, Vehicular Color Similar to Police Agency--prohibit use (SUB)
HB 1801. Licensing and Examining Boards--determination of fees
HB 1804. Catoosa County Local Option Sales Tax--distribution of revenues
HB 1808. Hospital Insurance Policy--no benefit reduction for medical as sistance (SUB)
HB 1809. Sports Hall of Fame Board--create
HB 1811. Resource Recovery Development Authorities Law--create
HB 1818. Motor Vehicle Safety Responsibility Act--security provisions
HB 1826. Elected County Sheriffs--special auto license plates
HB 1840. Residential Finance Agency--proportions of units financed by agency
HB 1848. Superior Court Clerks--may record criminal cases on microfilm
HB 1924. Morgan County Alcoholic Beverage Sale--approve on premises (SUB)
HB 1937. Department of Community Affairs--responsible for certain services to local governments
HR 656. Death of Policeman, Fireman, Prison Guard Killed in line of Duty--funds
HR 739. Forestry Commission--long-term leasse with U.S. for tract of land in Bibb County
HR 741. Easement for Petroleum Product Pipeline, Barrow County-- conveyance by State (SUB)
HB 1365. Sales Tax--showing credit on city-county ad valorem tax bill
HR 586. Proposed Amendments to Constitution--publish summary.

Respectfully submitted,
/s/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

2448

JOURNAL OF THE SENATE,

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

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 planning and development.
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 Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Evans

Foster Gillis Greene Hill Howard Hudgins 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:

Duncan English Fincher

Holloway (excused conferee)

Russell Timmons

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

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

HB 256, By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend the "Georgia Criminal Justice Act", as amended, so as

FRIDAY, MARCH 3, 1978

2449

to provide for the appropriation and distribution of State funds; to provide for appointment of local public defender attorneys.

Senator Howard of the 42nd moved that HB 256 be postponed until 2:00 o'clock P.M.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 256 was postponed until 2:00 o'clock P.M.

HB 304. By Representative Greer of the 43rd:
A bill to amend an Act creating the office of District Attorney Emeritus and creating a retirement fund, so as to provide for survivor's benefits and for increased payments into the retirement fund.

Senator Gillis of the 20th moved that HB 304 be postponed until 11:00 o'clock A.M.

On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 304 was postponed until 11:00 o'clock A.M.

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

HB 791. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Code Section 40-1902, relating to the duties, power and authority of the Department of Administrative Services, as amended, so as to provide that fidelity bonds procured by the Commissioner shall include statutory bonds of State officials; to provide that fidelity bonds procured by the Commissioner shall satisfy any statutory bonding requirement of State officers, officials or employees.
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 Brown of 47th Carter Coverdell

Dean of 6th Dean of 31st Doss Eldridge Evans Fincher

2450
Foster Hill Holloway Hudson Johnson Kennedy Kidd Langford Lester McGill

JOURNAL OF THE SENATE,

Overby Paulk Pearce Reynolds Riley Robinson Scott Shapard Starr Stephens

Stumbaugh Summers Sutton Thompson Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Howard.

Those not voting were Senators:

Duncan
English Gillis

Greene
Hudgins Russell

Tate Timmons

On the passage of the bill, the yeas were 47, nays 1.

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

The President designated Senator Starr of the 44th to assume the Chair.

The following bill of the Senate was taken up for the purpose of considering the House action thereto:

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 House substitute to SB 36 was as follows:
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 January 1, 1973; to provide for purpose; to define certain terms; to create the Georgia State Indemnification Commission; to provide pro cedures and methods for awarding indemnification; to provide for rules and regulations; to provide limitations on indemnification; to provide for recovery from offenders; to provide for reports; to provide for

FRIDAY, MARCH 3, 1978

2451

certain penalties and liability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. The purpose of this Act is to implement the constitu tional 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. As used in this Act, the following terms shall have the following definitions unless their use in context clearly requires other wise:

(a) "Commission" shall mean the Georgia State Indemnification Commission.

(b) "Law enforcement officer" shall mean any peace officer who is employed by the State of Georgia or any political subdivision thereof who is required by the terms of his employment, whether by election or appointment, to give his full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include sheriffs and deputy sheriffs.

(c) "Fireman" shall mean any person who is employed as a pro fessional firefighter on a full-time basis of at least 40 hours per week by any municipal, county or State government fire department employ ing three or more firemen and who has the responsibility of preventing and suppressing fires, protecting life and property, and enforcing munic ipal, county and State fire prevention codes, as well as enforcing any law pertaining to the prevention and control of fires. It shall also include any individual serving as an officially recognized or designated member of a legally organized volunteer fire department.
(d) "Prison guard" shall mean any person, employed by the State of Georgia or any political subdivision thereof whose principal duties relate to the supervision and incarceration of persons accused or con victed of the violation of the criminal laws of this State or any political subdivision thereof.

Section 3. There is hereby established a program to provide for indemnification with respect to the death of any law enforcement offi cer, fireman or prison guard who is or has been killed in the line of duty subsequent to January 1, 1973. Such program shall be administered by
the Georgia State Indemnification Commission.

Section 4. There is hereby created the Georgia State Indemnifi cation Commission which shall be composed of the Governor, the Secre tary of State, the Comptroller General, the Commissioner of Public Safety, the Commissioner of Offender Rehabilitation, the President of

2452

JOURNAL OP THE SENATE,

the Peace Officers Association of Georgia and the President of the
Georgia Fireman's Association. The Governor shall be the chairman of the Commission and the Commission shall be assigned to the Department of Administrative Services for administrative purposes.

Section 5. (a) The indemnification shall be paid by the Commis sion as hereinafter provided when a law enforcement officer, fireman or prison guard, while engaged in the performance of his duties, is killed or has been killed or receives or has received bodily injury which results or has resulted in death within 12 months thereafter, if such
killing does not or did not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen or prison guards, and if such killing is not or was not the result of suicide and if such bodily injury is not or was not intentionally self-inflicted.

(b) (1) After the effective date of this Act, every law enforcement officer, fireman and prison guard shall designate his beneficiary and method of payment for the purpose of indemnification under the pro visions of this Act. The designation shall be made to the Commission in writing and on forms furnished by the Commission. The beneficiary and method of payment may be changed in the same manner, provided that a change in beneficiary or method of payment shall not be effective until received by the Commission. If a beneficiary is not designated, payment shall be made to the estate; and if the method of payment is not designated, payment shall be made in lump sum.

(2) Each law enforcement officer, fireman or prison guard shall be authorized to designate one of the following methods of payment:

(A) the payment of a total sum of $50,000.00 in equal monthly in stallments over a period of five years; or

(B) payment in lump sum; provided, however, that if the lump sum method of payment is chosen, the amount to be paid shall be equal to the total sum of $50,000.00 reduced to its present value upon the basis of interest calculated at the rate of six percent per annum.

(3) With respect to law enforcement officers, firemen or prison guards who have been killed prior to the effective date of this Act and who are entitled to indemnification under the provisions of this Act, payment shall be made in lump sum to the estate.

(c) After determining that a law enforcement officer, fireman or prison guard has been killed in the line of duty and that his beneficiary is entitled to indemnification under the provisions of this Act, the Commission, within ten days after such determination, shall forward a certified copy of the order granting such payment, which order shall include the person to whom such payment shall be made and the method of payment, to the Director, Fiscal Division, Department of Adminis trative Services, who is hereby authorized to make the appropriate pay ments from funds appropriated or otherwise made available for the purpose of carrying out the provisions of this Act.

FRIDAY, MARCH 3, 1978

2453

Section 6. The Commission is authorized to promulgate rules and regulations relative to the program of indemnification. Such rules and regulations may provide for special masters, hearings, procedures for applications for indemnification and all other matters so as to enable the Commission to carry out its duties fairly, properly and equitably. The chairman of the Commission shall be authorized to contact other State agencies for the purpose of using the personnel and resources of such agencies to assist the Commission in carrying out its duties.
Section 7. Any designated beneficiary or any other person who is eligible or believes he is eligible for indemnification under such program may make application for indemnification to the Commission. In any case in which the person entitled to make application is a minor, the application may be made on his behalf by his 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 his 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 offi cer, 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. No indemnification shall be awarded to any person other wise entitled thereto who violated or violates a penal law of this State, which violation caused or contributed to the death of the officer.
Section 9. Whenever an order for the payment of indemnification is or has been made under this Act, the State of Georgia, upon payment of the amount of the order, shall be subrogated to the cause of action of the applicant against the person or persons responsible for such death; and the 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. The Commission shall annually file a report of its activities with the General Assembly, which report shall include the amount of funds paid under the program of indemnification. It shall also include a copy of each order providing for payment or a summary of each such order giving all pertinent details.
Section 11. (a) Any person who shall knowingly give false in formation or false testimony causing, or intended to cause, the payment of indemnification which would not otherwise be justified under the provisions of this Act shall be guilty of a misdemeanor and upon con viction thereof shall be punished as for a misdemeanor.
(b) Any such person convicted under subsection (a) above shall be liable to the State for any funds paid as a result of such false information or testimony.

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JOURNAL OF THE SENATE,

Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 13. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Hudson of the 35th moved that the Senate agree to the House sub stitute to SB 36.

On the motion, 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 Fincher

Foster Gillis Hill Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley

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

Voting in the negative was Senator Holloway.

Those not voting were Senators:

Coverdell Duncan English

Evans Greene Howard

Russell Starr (presiding)

On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 36.

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

HB 1312. By Representatives Swann of the 90th, Truluck of the 86th, Burton of the 47th and others:
A bill to amend Code Chapter 54-99, relating to crimes respecting indus trial relations so as to provide that it is unlawful for any person to put

FRIDAY, MARCH 3, 1978

2455

a minor to indecent, obscene, or immoral exhibitions; to provide a penalty.
Senate Sponsor: Senator Reynolds of the 48th.

The Senate Committee on Industry, Labor and Tourism offered the following substitute to HB 1312:
A BILL
To be entitled an Act to amend Code Section 26-2020, relating to enticing a child for indecent purposes, so as to include within said offense enticing or allowing a child to participate in sexual conduct for the pur pose of producing obscene material; to provide for definitions in con nection therewith; to provide that consent by a child shall be no defense; to change the provisions relating to penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Code Section 26-2020, relating to enticing a child for indecent purposes, is hereby amended by striking from said Code Section the following:
"and upon conviction shall be punished by imprisonment for not less than one nor more than 20 years.",
and inserting in lieu thereof the following:
", including enticing or allowing any such child to participate in any sexual conduct for the purpose of producing obscene ma terial. Any parent, legal guardian, or person having custody or con trol of a minor commits enticing a child for indecent purposes when he knowingly permits such minor to engage in, or to assist any other person to engage in, child molestation or indecent acts, in cluding enticing or allowing any such child to participate in any sexual conduct for the purpose of producing obscene material. As used herein 'obscene material' means obscene material as defined by subsection (b) of Code Section 26-2101, and 'sexual conduct' means sexual conduct as defined by paragraph (3) of said subsection (b) of Code Section 26-2101. The consent by a child to participate in any act or conduct prescribed in this Section shall not be a defense. Any person convicted of enticing a child for indecent purposes shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one nor more than 10 years or by a fine of not more than $10,000, or by both.",
so that when so amended Code Section 26-2020 shall read as follows:
"26-2020. Enticing a Child for Indecent Purposes. A person commits enticing a child for indecent purposes when he solicits; entices, or takes any child under the age of 14 to any place what-

2456

JOURNAL OF THE SENATE,

soever for the purpose of child molestation or indecent acts in cluding enticing or allowing any such child to participate in any sexual conduct for the purpose of producing obscene material. Any parent, legal guardian, or person having custody or control of a minor commits enticing a child for indecent purposes when he knowingly permits such minor to engage in, or to assist any other person to engage in, child molestation or indecent acts, including enticing or allowing any such child to participate in any sexual conduct for the purpose of producing obscene material. As used herein 'obscene material' means obscene material as defined by subsection (b) of Code Section 26-2101, and 'sexual conduct' means sexual conduct as defined by paragraph (3) of said subsection (b) of Code Section 26-2101. The consent by a child to participate in any act or conduct proscribed by this Section shall not be a defense. Any person convicted of enticing a child for indecent purpose shall be guilty of a felony and upon conviction shall be punished by im prisonment for not less than one nor more than 10 years or by a fine of not more than $10,000, or by both."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Greene of the 26th moved that the amendment offered by Senator Evans of the 37th to HB 1312 be printed.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the amendment offered by Senator Evans of the 37th to HB 1312 was ordered printed.

The President stated that action on the bill would be postponed until the amendment could be printed.
Senator Greene of the 26th moved that the following bill of the House be postponed until 3:00 o'clock P.M.:
HB 1320. By Representative Burruss of the 21st: A bill to be entitled an Act to amend Code Title 45, known as the "Game and Fish Code", so as to change the provisions relative to legal weapons for hunting wildlife.

On the motion, the yeas were 29, nays 4; the motion prevailed, and HB 1320 was postponed until 3:00 o'clock P.M.
The following bills of the House were taken up for the purpose of considering the House action thereto:
HB 1246. By Representatives Baugh of the 108th, Parham of the 109th, Rowland of the 119th and Savage of the 25th: A bill to amend Code Section 38-418, relating to confidential com munications, so as to provide that communications between a physician and a patient shall be privileged.

FRIDAY, MARCH a, 1978

2457

Senator Allgood of the 22nd moved that the Senate adhere to the Senate substitute to HB 1246 and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1246.

Senator Starr of the 44th, who was presiding at the direction of the President, appointed as a Conference Committee the following:

Senators Barnes of the 33rd, Banks of the 17th and Allgood of the 22nd.

HB 1907. By Representative Connell of the 87th:
A bill to amend an Act to provide and fix the compensation of certain elected officials in certain counties of this State so as to change the salaries of certain elected officials in said counties.

Senator Lester of the 23rd moved that the Senate insist upon the Senate substitute to HB 1907.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1907.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1327. By Representatives Pinkston of the 100th, Home of the 104th, Games of the 43rd and others: A bill to amend Code Title 105, relative to torts, so as to change the definition of the term "homicide"; to change the provisions relating to the privity necessary to support an action; to provide that manu facturers of certain personal property shall be liable in tort, irrespective of privity, in certain cases in which death or injury occurs; to provide for the applicability of this Act.
Senator Banks of the 17th moved to table HB 1327.

On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 1327 was tabled.
The following bill of the Senate was taken up for the purpose of considering the House action thereto:

2458

JOURNAL OF THE SENATE,

SB 591. By Senator Kennedy of the 4th:
A bill to amend Code Title 50, relating to habeas corpus, as amended, so as to provide for a habeas corpus clerk in certain judicial circuits of this State; to provide for supplies and equipment; to provide for reimbursement to counties for certain expenses incurred for writs of habeas corpus sued out in the superior courts of said counties.

The House amendment was as follows:
Amend SB 591 by striking from Pages 4 and 5 subsection (f) and substituting in lieu thereof a new subsection (f) to read as follows:
"(f) Except as hereinafter provided, each county of this State shall be reimbursed from State funds for court costs, both at the trial level and in any appellate court, for each writ of habeas corpus sued out in the superior court of each such county by indigent peti tioners if the granting of the writ is denied or in which the court costs are cast upon the respondent, but such reimbursement shall not exceed $10,000.00 per annum total for each county. By not later than September 1 of each calendar year, the clerk of Superior Court of each county shall send a certified list to the Director of the Fiscal Division of the Department of Administrative Services of each writ of habeas corpus sued out in the superior court of such county during the 12 month period immediately preceding July 1 of that calendar year by indigent petitioners if the granting of the writ is denied or in which the court costs are cast upon the respondent, and such list shall include the court costs, both at the trial level and in any appellate court, for each such writ of habeas corpus. By not later than December 15, of each calendar year, said director shall pay to the county, from funds appropriated or other wise made available for the operation- of the superior courts, the reimbursement as set forth in such certified list, subject to the maximum reimbursement provided for above. The list sent to said Director as provided herein shall be certified as correct by the governing authority of the county and by the judge of the superior court of the county. The Director of the Fiscal Division of the Department of Administrative Services is hereby authorized to devise and make available to the counties such forms as may be reasonably necessary to carry out the provisions of this subsection and to establish such procedures as may be reasonably necessary for such purposes. The first reimbursement provided for herein shall be made during calendar year 1979 based on those writs of habeas corpus which qualify under this subsection and are sued out in the superior courts during calendar year 1978 and the first six months of 1979. The counties comprising the judicial circuit of any judicial circuit defined by paragraph (2) of subsection (a) of this Code Section shall not be eligible for the reimbursement pro vided for in this subsection."

Senator Kennedy of the 4th moved that the Senate agree to the House amendment to SB 591.

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

FRIDAY, MARCH 3, 1978

2459

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge 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 Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Banks
(excused conferee) Barker Bond

Broun of 46th (excused conferee) Duncan

English Starr (presiding) Traylor

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 591.
The following bill of the House, having been read the third time previously today and postponed until the amendment could be printed, was put upon its passage:
HB 1312. By Representatives Swann of the 90th, Truluck of the 86th, Burton of the 47th and others: A bill to amend Code Chapter 54-99, relating to crimes respecting indus trial relations so as to provide that it is unlawful for any person to put a minor to indecent, obscene, or immoral exhibitions; to provide a penalty.
The amendment offered by Senator Evans of the 37th was as follows:
Amend HB 1312 by striking the following on line 27 of Page 1,
", except that no",
and
by inserting after the word "person" on line 27 of Page 1,

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JOURNAL OF THE SENATE,

and by striking in their entirety lines 1 through 6 on Page 2,

and by striking after the word "advertising"

on line 8 of Page 2,
t
and

substituting in lieu thereof ".",

and

by striking in its entirety line 9 of Page 2.

On the adoption of the amendment offered by Senator Evans of the 37th, the yeas were 13, nays 22, and the amendment was lost.

The substitute offered by the Senate Committee on Industry, Labor and Tourism to HB 1312 was as follows:
A BILL
To be entitled an Act to amend Code Section 26-2020, relating to enticing a child for indecent purposes, so as to include within said offense enticing or allowing a child to participate in sexual conduct for the purpose of producing obscene material; to provide for definitions in connection therewith; to provide that consent by a child shall be no defense; to change the provisions relating to penalties; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Code Section 26-2020, relating to enticing a child for in decent purposes, is hereby amended by striking from said Code Section the following:
"and upon conviction shall be punished by imprisonment for not less than one nor more than 20 years.",
and inserting in lieu thereof the following:
", including enticing or allowing any such child to participate in any sexual conduct for the purpose of producing obscene material.

FRIDAY, MARCH 3, 1978

2461

Any parent, legal guardian, or person having custody or control of a minor commits enticing a child for indecent purposes when he knowingly permits such minor to engage in, or to assist any other person to engage in, child molestation or indecent acts, including enticing or allowing any such child to participate in any sexual conduct for the purpose of producing obscene material. As used herein 'obscene material' means obscene material as defined by subsection (b) of Code Section 26-2101, and 'sexual conduct' means sexual conduct as defined by paragraph (3) of said subsection (b) of Code Section 26-2101. The consent by a child to participate in any act or conduct prescribed in this Section shall not be a defense. Any person convicted of enticing a child for indecent pur poses shall be guilty of a felony and upon conviction shall be pun ished by imprisonment for not less than one nor more than 10 years or by a fine of not more than $10,000 or by both.",

so that when so amended Code Section 26-2020 shall read as follows:

"26-2020. Enticing a Child for Indecent Purposes. A person commits enticing a child for indecent purposes when he solicits, entices, or takes any child under the age of 14 to any place what soever for the purpose of child molestation or indecent acts in
cluding enticing or allowing any such child to participate in any sexual conduct for the purpose of producing obscene material. Any parent, legal guardian, or person having custody or control of a minor commits enticing a child for indecent purposes when he knowingly permits such minor to engage in, or to assist any other person to engage in, child molestation or indecent acts, including enticing or allowing any such child to participate in any sexual conduct for the purpose of producing obscene material. As used herein 'obscene material' means obscene material as defined by subsection (b) of Code Section 26-2101, and 'sexual conduct" means sexual conduct as defined by paragraph (3) of said subsection (b) of Code Section 26-2101. The consent by a child to participate in any act or conduct proscribed by this Section shall not be a defense. Any person convicted of enticing a child for indecent purposes shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one nor more than 10 years or by a fine of not more than $10,000, or by both."

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 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:

2462

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 Doss Duncan Eldridge English

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

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

Those not voting were Senators:

Dean of 6th Dean of 31st (excused conferee) Greene

Holloway (excused conferee) Robinson

Starr (presiding) Stumbaugh Timmons

On the passage of the bill, the yeas were 48, 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 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 attorney for said circuit.

The House substitute to SB 285 was as follows:
A BILL
To be entitled an Act to provide for one additional judge of the superior courts of the Cherokee 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 prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of

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2463

Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to re quire each candidate for such judgeship to designate the place for which he is running; to provide for the manner empaneling jurors; to provide for an additional court reporter for said circuit; to authorize the gov erning authority of the counties which comprise the Cherokee Judicial Circuit to provide facilities, office space, supplies, equipment, and person nel for said judges; to declare inherent authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I of the Constitution of the State of Georgia of 1976, one additional judge of the superior courts for the Cherokee
Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of judges of the superior courts for said circuit, effective upon the appointment of said additional judge by the Governor as pro vided by this Act.

Section 2. Said additional judge shall be appointed by the Governor for a term of office beginning on the date of his appointment and con tinuing through December 31, 1978, and until his successor is elected and qualified; such judge shall take office on the date of his appointment by the Governor. His successor shall be elected in the manner provided by law for the election of judges of the superior courts of this State at the general election in November, 1978, for a term of four years begin ning on the first day of January, 1979, and until his successor shall have been elected and qualified. Future successors shall be elected at the general election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner provided by law for the election of judges of superior courts of this State.

Section 3. Every person who offers for nomination and election as one of the judges of said superior courts for the Cherokee Judicial Circuit of Georgia shall designate with the State party authority in all State primaries and with the proper authority in all general elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed, and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeships and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention
to run for the office for which there is no incumbent.

Section 4. The additional judge of the superior courts for the Cherokee Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges and immunities of the present judges of the superior courts of this State. Either of the judges of the Cherokee Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.

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Section 5. The qualifications of such additional judge and his suc cessors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense al lowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judges of the superior courts of the Cherokee Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the counties of said circuit of the salary of the judge of the superior courts of the Cherokee Judicial Circuit shall also be applicable to the additional judge provided for by this Act.

Section 6. All writs and processes in the superior courts of the Cherokee Judicial Circuit shall be returnable to the terms of said superior court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide two judges co equal in jurisdiction and authority to attend to and perform the func tions, powers and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.
Section 7. The two judges of the superior courts of the Cherokee Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities, shall share, divide and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect hereof, the de cision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The judge of the superior court of the Cherokee Judicial Circuit serving at the time this Act becomes effective shall be the first senior judge and shall continue as senior judge as long as he shall serve. Thereafter, the judge with the longest period of time of service shall be the senior judge. The chief judge shall have the right to appoint referees of the juvenile courts of the counties comprising said circuit; and, in the event a juvenile court is established in any of said counties within said circuit, as provided by law, the chief judge shall appoint the judge of said court as provided by law. The two judges of the superior courts of the Cherokee Judicial Circuit shall have, and they are hereby clothed with full power, authority, and dis cretion to determine from time to time, and term to term, the manner of calling the dockets and/or fixing the calendars and order of business in said courts. They may assign to one of said judges the hearing of trials by jury for a term, and the hearing of all other matters not re quiring a trial by a jury to the other judge, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as hereinbefore defined shall control.
Section 8. The drawing and empaneling of all jurors, whether

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grand, petit, or special, may be by either of the judges of the superior courts of said circuit, and they, or either of them, shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before either of said judges sepa rately, or before each of them at the same time.

Section 9. The two judges of the Cherokee Judicial Circuit shall be authorized and empowerd to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.

Section 10. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Cherokee Judicial Circuit may bear teste in the name of any judge of the Cherokee Judicial Circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said court may preside over any cause thereon and perform any official act as judge thereof.

Section 11. Upon request of either judge of the circuit, the gov erning authorities of the counties comprising the Cherokee Judicial Circuit are hereby authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephone, furniture,
office equipment, supplies and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized herein are hereby declared to be an expense of court and payable out of the county treasury as such.

Section 12. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.

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 Langford of the 51st moved that the Senate agree to the House sub stitute to SB 285.

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 Coverdell Dean of 6th

Dean of 31st Doss Duncan Eldridge Evans Finche'r

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Foster Gillis Greene Hill Holloway - Johnson Kennedy Kidd Langford

JOURNAL OF THE SENATE,

Lester McGill Overby Paulk Pearce Reynolds Riley Scott Shapard

Stephens Summers Sutton Tate Thompson Traylor Turner Tysinger Walker

Those not voting were Senators:

Barker English Howard Hudgins

Hudson Robinson Russell Starr (presiding)

Stumbaugh Timmons Wessels

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 285.

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

HB 1459. By Representatives Wood, Whitmire and Jackson of the 9th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia so as to provide for the granting of creditable service to certain members for service on active duty in the armed forces of the United States during certain periods. Senate Sponsor: Senator Overby of the 49th.

The following fiscal notes, as required by law, were read by the Secretary:

TEACHERS RETIREMENT SYSTEM of Georgia

February 3, 1978

MEMORANDUM

TO:

Honorable Thomas B. Buck, III

Chairman, House Retirement Committee

Members, House Retirement Committee

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer

SUBJECT: House Bill 1459

This bill provides any member who has 20 years of creditable service as of July 1, 1978 and who was on active duty in the armed forces on or before July 1, 1946 and December 31, 1948 may receive credit for such military service provided the member pays 5% member contribu-

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2467

tions, based on his first teaching salary following the military service, and applicable interest. It further provides that the total allowable mili tary service credit established by the member may not exceed five years and no credit will be granted during this period if previous credit has been established for it.

The exact actuarial cost of this bill cannot be determined in advance since it is dependent upon the number of members affected, however, it is felt that the actuarial cost will be insignificant and it will not result in an increase in the employer contribution rate.

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334
February 10, 1978

MEMORANDUM

TO:

Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

FROM:

William M. Nixon State Auditor
Clark Stevens, Director Office of Planning and Budget

SUBJECT: Fiscal Note--House Bill 1459 Teachers' Retirement System

This Bill would allow members with 20 or more years of membership service as of July 1, 1978, and who were on active duty in the armed forces of the United States on or between July 1, 1946 and December 31, 1948 to claim credit for such military service. To claim the service the member would be required to pay the regular employee contribution of five percent on the compensation first paid to the teacher following the completion of such military service, plus applicable accrued regular interest compounded annually to the date of payment. The Bill also provides that no more than five years of total allowable military service credit may be established by the member and no credit would be granted for service performed during the period addressed in this Bill if credit has already been established for this service.

The actuary for the System cannot determine the exact actuarial cost of this Bill in advance as it is dependent upon the number of mem bers who will apply for credit under its provisions, however, the execu tors of the System feel that the cost will be insignificant and will not cause an increase in the employer contribution rate.

/s/ William M. Nixon State Auditor .
/s/ C. T. Stevens, Director Office of Planning and Budget

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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 Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge Fincher

Foster Gillis Greene Hill Holloway Howard Hudson Kennedy Kidd Langford Lester McGill Overby Paulk

Pearce Reynolds Riley Shapard Stumbaugh Summers Sutton Tate Thompson Traylor Turner Walker Wessels

Those voting in the negative were Senators:

Bell Coverdell

Johnson Scott

Tysinger

Those not voting were Senators:

Bond Duncan English Evans

Hudgins Robinson Russell

Starr (presiding) Stephens Timmons

On the passage of the bill, the yeas were 41, nays 5.

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

The President resumed the Chair.

HB 1503. By Representatives Whitmire, Jackson and Wood of the 9th:
A bill to amend Code Section 92-4801, relating to the amount and condi tions of bonds that tax collectors and tax commissioners are required to give to the State and county, so as to authorize an increase in the amount of bond required to be given to the county. Senate Sponsor: Senator Overby of the 49th.

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2469

The Senate Committee on Banking, Finance and Insurance offered the fol lowing substitute to HB 1503:
A BILL
To be entitled an Act to amend Code Section 92-4801, relating to the amount and conditions of bonds that tax collectors and tax commissioners are required to give to the State and county, so as to authorize an in creases in the amount of bond required to be given to the county; to provide limitations; 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 92-4801, relating to the amount and condi tions of bonds that tax collectors and tax commissioners are required
to give to the State and county, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 92-4801 to read as follows:

"92-4801. Amount and conditions of bonds, (a) Tax collectors and tax commissioners shall give bond and security for 40 percent of the State tax supposed to be due from the county for the year for which said officer is required to give bond, the amount of bond to be filled up by the State Revenue Commissioner before being sent out to the county from the executive officer. The bond so required shall not exceed $50,000.

(b) Tax collectors and tax commissioners shall give a bond with sufficient security, payable to the county governing authority, conditioned for the faithful performance of his duties as tax col lector or tax commissioner for the collection of the county tax, in a sum to be fixed by the county governing authority. The bond re quired on behalf of the county shall not exceed $100,000."

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 30, nays 0, and the substitute was adopted.

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

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

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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 Doss Duncan Eldridge

English Evans Fincher Foster Gillis Greene Hill Holloway Howard
Hudson Johnson Kennedy Kidd Langford Lester McGill

Overby Paulk Reynolds Riley Scott Shapard Starr Stumbaugh Summers
Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Hudgins Pearce

Robinson Russell

Stephens Sutton

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

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

HB 1504. By Representatives Whitmire, Jackson and Wood of the 9th:
A bill to amend an Act authorizing superior court clerks in certain counties to invest certain funds deposited in the registry of the court so as to authorize superior court clerks in all counties to deposit certain funds in the registry of the court. 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 Barnes Bell

Brantley Broun of 46th Carter Coverdell Dean of 6th

Dean of 31st Doss Duncan Eldridge English

Evans Pincher Foster Greene Hill Holloway Howard Hudson Johnson Kennedy

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2471

Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson

Scott Shapard Stumbaugh Summers Sutton Thompson Traylor Turner Tysinger Wessels

Those not voting were Senators:

Barker Bond Brown of 47th Gillis

Hudgins Russell Starr Stephens

Tate Timmons Walker

On the passage of the bill, the yeas were 45, nays 0.

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

HB 1507. By Representatives Home of the 104th, Davis of the 99th, Birdsong of the 103rd and others:
A bill to amend an Act authorizing the governing authorities of the several municipalities and counties of this State to establish separate or joint planning commissions so as to change the provisions relating to subdivision regulation and the penalties for transferring lots in unapproved subdivisions.
Senate Sponsor: Senator Bell of the 5th.

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

Doss Eldridge English Evans Fincher Foster Gillis Greene Hill Howard Hudgins

Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

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Eiley Robinson Scott Shapard Starr Stephens

JOURNAL OF THE SENATE,

Stumbaugh Summers
Button Tate Thompson

Traylor Turner
Tysinger Walker Wessels

Those not voting were Senators:

Banks (excused conferee)
Bond Brown of 47th

Duncan Holloway (excused conferee)

Russell Timmons

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

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

The President stated that at this time the Senate would consider in open session the appointments submitted by His Excellency, Governor George Busbee, in a communication to the Senate on February 24, 1978, which is included in the Journal of February 28.
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 appointments unless any Senator designated any appointment be deleted from the list and voted on individually.

The consent was granted.

Senator Dean of the 6th requested that the confirmation of Honorable Ronald Adams as Judge of Glynn County State Court be deleted from the roll call of all
appointments.

The Senate Committee on Education submitted the following report which was read by the Secretary:
February 28, 1978
Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
The Senate Education Committee met on February 28, 1978, to consider the Governor's appointee to the State Board of Education.

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2473

The Senate Education Committee voted unanimously to recommend the confirmation of Mr. Hollis Q. Lathem of Cherokee County as a member of the State Board of Education for a term of office beginning February 21, 1978, and ending January 1, 1985.

Sincerely, Is/ Hugh Carter

The President stated that one roll call would be taken on all appointments listed in the hereinabove mentioned communication from His Excellency, Governor George Busbee, except the deletion above.

The President ordered a roll call on all appointments not objected to, 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 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 Button Tate Thompson Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Brown of 47th

Duncan Stephens

Timmons

On the confirmation of the appointees, the yeas were 51, nays 0, and all of the appointments were confirmed.

On the confirmation of Honorable Ronald Adams as Judge of Glynn County State Court, the President ordered a roll call, 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 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 Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Brown of 47th Dean of 6th

Duncan

Russell

On the confirmation of Honorable Ronald Adams, the yeas were 52, nays 0, and the appointment of Honorable Ronald Adams as Judge of Glynn County State Court was confirmed.

On the confirmation of the above appointees, the following communication was sent by the Secretary of the Senate to His Excellency, Governor George Busbee:
OFFICE OF SECRETARY OF THE SENATE 353 State Capitol
Atlanta, Georgia 30334
March 21, 1978
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 24, 1978, were

FRIDAY, MARCH 3, 1978

2475

acted upon by the Georgia State Senate in session on March 3, 1978, with the following results:

Honorable Barbara P. Payne of DeKalb County as a member of the Council on Aging, for the term of office beginning December 15, 1977, and ending December 15, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Vita R. Ostrander of DeKalb County as a member of the Council on Aging, for the term of office beginning December 15, 1977, and ending December 15, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Naomi Ernst Maddox of DeKalb County as a member of the Council on Aging, for the term of office beginning December 15, 1977, and ending December 15, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Kay H. Hind of Dougherty County as a member of the Council on Aging, for the term of office beginning December 15, 1977, .and ending December 15, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Mrs. James G. Unger of Morgan County as a member of the Coun cil on Aging, for the term of office beginning December 15, 1977, and ending December 15, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable W. John Simpkins of Muscogee County as a member of the Council on Aging, for the term of office beginning December 15, 1977, and ending December 15, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable William Huff, III of Talbot County as a member of the Council on Aging, for the term of office beginning December 15, 1977, and ending December 15, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Charles W. Smith of White County as a member of the Council on Aging, for the term of office beginning December 15, 1977, and ending December 15, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Joe Ellis of Hall County as a member of the Georgia Auctioneers Commission, for the term of office beginning September 16, 1977, and ending August 14, 1981. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Roy H. Holland of Laurens County as a member of the Georgia Auctioneers Commission, for the term of office beginning September 16, 1977, and ending August 14, 1982. The vote on this con firmation was yeas 51, nays 0, and the nominee was confirmed.

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The following named persons as members of the State Authorities Study Commission for term beginning August 23, 1977, and ending January 9, 1978: John C. Barrow of Troup County; William H. Roper of DeKalb County; Fred G. Stowers of DeKalb County; Timothy J. Sweeney of DeKalb County; John S. Thibadeau of DeKalb County. The vote on this confirmation was yeas 51, nays 0, and the nominees were confirmed.

Honorable Donald A. Wade of Bacon County as a member of the Georgia State Board of Barbers, for the term of office beginning July 25, 1977, and ending July 25, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable G. Ben Johnson, Jr., of Cobb County as a member of the Georgia State Board of Barbers, for the term of office beginning July 25, 1977, and ending July 25, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Melvin A. Clay of Floyd County as a member of the Georgia State Board of Barbers, for the term of office beginning July 25, 1977, and ending July 25, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Ted R. Ridlehuber of Clarke County as a member of the Cancer Advisory Council, for the term of office beginning October 26, 1977, and ending December 31, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Tom Navin of Clayton County as a member of the Can cer Advisory Council for the term of office beginning October 26, 1977, and ending December 31, 1977. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Abdel H. Ragab, M.D., of DeKalb County as a member of the Cancer Advisory Council, for the term of office beginning Octo ber 26, 1977, and ending December 31, 1980. The vote on this confirma tion was yeas 51, nays 0, and the nominee was confirmed.

Honorable S. Angier Wills, M.D., of DeKalb County as a member of the Cancer Advisory Council, for the term of office beginning Oc tober 26, 1977, and ending December 31, 1978. The vote on this con firmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable George A. Wischmann of DeKalb County as member of the Cancer Advisory Council, for the term of office beginning October 26, 1977, and ending December 31, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Mrs. Robert W. Huff of Floyd County as a member of the Cancer Advisory Council, for the term of office beginning October 26, 1977, and ending December 31, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

FRIDAY, MARCH 3, 1978

2477

Honorable Robert L. Brown, M.D., of Fulton County as a member of the Cancer Advisory Council, for the term of office beginning Oc tober 26, 1977, and ending December 31, 1978. The vote on this confirma tion was yeas 51, nays 0, and the nominee was confirmed.

Honorable Simpson J. Clark of Fulton County as a member of the Cancer Advisory Council for the term of office beginning October 26, 1977, and ending December 31, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Asa G. Yancey, M.D., of Fulton County as a member of the Cancer Advisory Council, for the term of office beginning October 26, 1977, and ending December 31, 1977. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable James W. Mathis, M.D., of Lowndes County as a mem ber of the Cancer Advisory Council, for the term of office beginning October 26, 1977, and ending December 31, 1980. The vote on this con firmation was yeas 51, nays 0, and the nominee was confirmed.

Mrs. Donald C. Knighton of Fulton County as a member of the Cancer Advisory Council, for the term of office beginning October 26, 1977, and ending December 31, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable John P. Wilson, M.D., of Fulton County as a member of the Cancer Advisory Council, for the term of office beginning Octo ber 26, 1977, and ending December 31, 1979. The vote on this confirma tion was yeas 51, nays 0, and the nominee was confirmed.

Honorable Ann I. Bray of Meriwether County as a member of the Cancer Advisory Council, for the term of office beginning October 26, 1977, and ending December 31, 1977. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable William A. Scoggin, M.D., of Richmond County as a member of the Cancer Advisory Council, for the term of office begin ning October 26, 1977, and ending December 31, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable M. Julian Duttera, M.D., of Troup County as a member of the Cancer Advisory Council, for the term of office beginning Octo ber 26, 1977, and ending December 31, 1980. The vote on, this confirma tion was yeas 51, nays 0, and the nominee was confirmed.

Honorable James C. Harrington, Jr., of Forsyth County as a mem ber of the State Commission on Compensation, for the term of office beginning September 19, 1977, and ending May 11, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Marian A. Sumner of Worth County as a member of the State Commission on Compensation, for the term of office beginning

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JOURNAL OP THE SENATE,

April 11, 1977, and ending May 11, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Mary C. Stinson of Spalding County as a member of the Georgia State Board of Cosmetology, for the term of office begin ning May 30, 1977, and ending May 1, 1979. The vote on this confirma tion, was yeas 51, nays 0, and the nominee was confirmed.

The following named persons as members of the Compensation to Victims of Crime Study Commission for terms beginning August 1, 1977, and ending December 1, 1977: Carol Ann Blair of DeKalb County;
William E. Baughman of Fulton County; William D. Kelley, Jr., of DeKalb County. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable L. Patricia Johnson of Fulton County as a member of the Interstate Compact on the Placement of Children, for the term of office beginning September 7, 1977, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Stanley H. Merica, D.C., of Baldwin County as a mem ber of the Georgia Board of Chiropractic Examiners, for the term of office beginning May 30, 1977, and ending August 20, 1979. The vote vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Gerald W. Holloway, D.C., of Brooks County as a mem ber of the Georgia Board of Chiropractic Examiners, for the term of office beginning May 30, 1977, and ending August 20, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was con firmed.
Honorable Donald N. Parkerson, D.C., of Dodge County as a mem ber of the Georgia Board of Chiropractic Examiners, for the term of office beginning May 30, 1977, and ending August 20, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was con firmed.

Honorable Eugene E. Sparlin, D.C., of Fulton County as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning December 9, 1977, and ending August 20, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Gerald H. Thompson of Ben Hill County as a member of the Board of Community Affairs, for the term of office beginning July 1, 1977, and ending June 30, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable L. Scott Stell, Jr., of Chatham County as a member of the Board of Community Affairs, for the term of office beginning July 1, 1977, and ending June 30, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

FRIDAY, MARCH 3, 1978

2479

Honorable Leroy H. Johnson of Coweta County as a member of the Board of Community Affairs, for the term of office beginning July 1, 1977, and ending June 30, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Hobby Stripling of Dooly County as a member of the Board of Community Affairs, for the term of office beginning July 1, 1977, and ending June 30, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable James Griffin, Jr., of Dougherty County as a member of the Board of Community Affairs, for the term of office beginning July 1, 1977, and ending June 30, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable R. Alex Grindler of Emanuel County as a member of the Board of Community Affairs, for the term of office beginning July 1, 1977, and ending June 30, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable H. Hearn Lumpkin of Fulton County as a member of the Board of Community Affairs, for the term of office beginning July 1, 1977, and ending June 30, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Lillian Webb of Gwinnett County as a member of the Board of Community Affairs, for the term of office beginning July 1, 1977, and ending June 30, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable James G. Hay of Thomas County as a member of the Board of Community Affairs, for the term of office beginning July 1, 1977, and ending June 30, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

The following named persons as members of the Curriculum Study Commission for term beginning May 30, 1977, and ending December 31, 1977: Nathan G. Knight of Coweta County; Margie Britt of DeKalb County; Alvin Curtis McDougald of Taylor County; Sue Ellen Miller of Muscogee County; Victoria Sutton of Fulton County; Peggy Neal of Clarke County; Ruth Stacey of Chatham County; Ernest Stroud, Jr., of Clayton County; Dr. John H. Lounsbury of Baldwin County. The vote on this confirmation was yeas 51, nays 0, and the nominees were con firmed.

Honorable Ernest R. Burriss, Jr., D.D.S., of Chatham County as a member of the Georgia Board of Dentistry, for the term of office be ginning September 6, 1977, and ending August 1, 1982. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Eldridge W. Perry of Marion County as a member of the Georgia Development Authority, for the term of office beginning

2480

JOURNAL OF THE SENATE,

July 28, 1977, and ending July 1, 1985. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable James L. Kelley of Muscogee County as a member of the Board of Registration for Professional Engineers and Land Sur veyors, for the term of office beginning October 3, 1977, and ending June 1, 1982. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable John W. Wilcox, Jr., of Fulton County as a member of the Board of Review Employment Security Agency, for the term of office beginning April 5, 1977, and ending November 14, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was con firmed.

Honorable Dock H. Davis of Heard County as a member of the Board of Review Employment Security Agency, for the term of office beginning December 8, 1977, and ending November 14, 1982. The vote on this confirmation was yeas 51, nays 0, and the nominee was con firmed.

Honorable Erwin A. Friedman of Chatham County as a member of The Education Commission of the States, for the term of office begin ning May 6, 1977, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Thomas K. Vann, Jr., of Thomas County as a member of The Education Commission of the States, for the term of office be ginning May 6, 1977, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable John Crawford of Fulton County as a member of the Economic Development Council, for the term of office beginning May 30, 1977, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Quinn Hudson of DeKalb County as a member of the Economic Development Council, for the term of office beginning No vember 28, 1977, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was con firmed.
Honorable W. N. Haynes of Chatham County as a member of the State Board of Registration for Foresters, for the term of office begin ning July 22, 1977, and ending March 19, 1982. The vote on this confir mation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Vaughn H. Hofeldt of Hall County as a member of the State Board of Registration for Foresters, for the term of office begin ning July 22, 1977, and ending March 19, 1981. The vote on this con firmation was yeas 51, nays 0, and the nominee was confirmed.

FRIDAY, MARCH 3, 1978

2481

Honorable P. Woodson Briscoe of Fulton County as a member of the Georgia Franchise Practices Commission, for the term of office beginning August 11, 1977, and ending May 4, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable R. E. Budd of Oconee County as a member of the Geor gia Franchise Practices Commission, for the term of office beginning August 11, 1977, and ending May 4, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable William S. Hutchings of Bibb County as a member of the Georgia State Board of Funeral Service, for the term of office be ginning May 23, 1977, and ending February 13, 1983. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable James B. Talley of Cobb County as a member of the State Board of Registration for Professional Geologists, for the term of office beginning September 7, 1977, and ending November 24, 1981.
The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable H. Lehman Franklin, Jr., of Bulloch County as a mem ber of the Charles H. Herty Foundation, for the term of office begin ning March 16, 1977, and ending February 19, 1981. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable John E. Ellington of Treutlen County as a member of the Charles H. Herty Foundation, for the term of office beginning March 16, 1977, and ending February 19, 1982. The vote on this con firmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Wells Riley, M.D., of Clayton County as a member of the Board of Human Resources, for the term of office beginning April 29, 1977, and ending April 6, 1982. The vote on this confirmation was yeas 51, 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 April 29, 1977, and ending April 6, 1982. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable John W. Acree, M.D., of Towns County as a member of the Board of Human Resources, for the term of office beginning May 30, 1977, and ending April. 6, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Mary Evelyn Walker of Cobb County as a member of the Georgia State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning September 12, 1977, and ending July 1, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

2482

JOURNAL OF THE SENATE,

Honorable Ishmael C. Childs of DeKalb County as a member of the Georgia State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning September 12, 1977, and ending July 1, 1979. The vote on this confirmation was yeas 51, nays 0, and the nom inee was confirmed.

Honorable Maxine Goldstein of Baldwin County as a member of the Georgia State Commission on Indian Affairs, for the term of office beginning May 17, 1977, and ending May 17, 1981. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Howard Atherton of Cobb County as a member of the Georgia State Commission on Indian Affairs, for the term of office beginning May 17, 1977, and ending May 17, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Henry M. Huckaby of Spalding County as a member of the Georgia State Commission on Indian Affairs, for the term of office beginning December 7, 1977, and ending May 17, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was con firmed.
Honorable F. H. Boney of Chattooga County as a member of the Board of Industry and Trade, for the term of office beginning April 8, 1977, and ending April 1, 1981. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable David A. Rankin, Jr., of Hall County as a member of the Lake Lanier Islands Development Authority, for the term of office beginning November 30, 1977, and ending May 15, 1981. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Thomas D. Moreland of DeKalb County as a member of the Joint Highway Litter Study Committee, for the term of office be ginning May 30, 1977, and ending January 9, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable J. Leonard Ledbetter of DeKalb County as a member of the Joint Highway Litter Study Committee, for the term of office be ginning May 30, 1977, and ending January 9, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Donna F. Vann of Bulloch County as a member of the Georgia State Board of Landscape Architects, for the term of office beginning May 12, 1977, and ending April 1, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable G. W. Hogan of Cobb County as a member of the Board of Medical Assistance, for the term of office beginning April 18, 1977, and ending June 30, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Edward D. Irons of Fulton County as a member of the

FRIDAY, MARCH 3, 1978

2483

Board of Medical Assistance, for the term of office beginning April 18, 1977, and ending June 30, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable James E. Barnett of Fulton County as a member of the Board of Medical Assistance, for the term of office beginning April 18, 1977, and ending June 30, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Vivian P. Hartman of Houston County as a member of the Board of Medical Assistance, for the term of office beginning April 18, 1977, and ending June 30, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable D. Jack Davis of Madison County as a member of the Board of Medical Assistance, for the term of office beginning April 18, 1977, and ending June 30, 1977. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable D. Jack Davis of Madison County as a member of the Board of Medical Assistance, for the term of office beginning June 30, 1977, and ending June 30, 1981. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable John B. O'Neal, III, M.D., of Elbert County as a mem ber of the Composite State Board of Medical Examiners, for the term of office beginning August 12, 1977, and ending September 1, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Robert R. Maughan, M.D., of Muscogee County as a member of the Composite State Board of Medical Examiners, for the term of office beginning August 12, 1977, and ending September 1, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable H. Calvin Jackson, M.D., of Meriwether County as a member of the State Medical Education Board, for the term of office beginning April 27, 1977, and ending April 1, 1981. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable David A. Wells, M.D., of Whitfield County as a member of the State Medical Education Board, for the term of office beginning April 27, 1977, and ending April 1, 1981. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

The following named persons as members of the Mental Disability Laws Study Commission for terms of office beginning August 10, 1977, and ending December 31, 1977: Ruth H. Gershon of Fulton County; Steven R. Schechter of DeKalb County; Jonathan Zimring of Fulton Coun ty. The vote on this confirmation was yeas 51, nays 0, and the nominees were confirmed.

2484

JOURNAL OF THE SENATE,

Honorable A. Brooks Cagle of Hall County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable C. 0. Templeton of Lowndes County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable H. Don Williams of Polk County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Jimmy Lester of Richmond County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was
confirmed.

Honorable Virginia Shapard of Spalding County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1979. The vote on this confirmation was yeas 51, nays 0, and the nom inee was confirmed.

Honorable Calvin M. Simpson of Baldwin County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Curtis L. Cooper, III, of Bibb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.
Honorable Albert L. Cardwell of Bibb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Othniel W. McGehee of Bibb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

FRIDAY, MARCH 3, 1978

2485

Honorable Dallas D. Cason of Bryan County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable J. Ebb Duncan of Carroll County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Ben H. Portman of Chatham County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable John R. Curtis of Clarke County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable John D. Furman, Jr., of Cobb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Donald Devis of DeKalb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1978. The vote on this confirmation was yeas 51, nays 0, and the nom inee was confirmed.

Honorable Larry D. Early of DeKalb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Allan W. Gurley of DeKalb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Michael W. Morris of DeKalb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1978. The vote on this confirmation was yeas 51, nays 0, and the nom inee was confirmed.

2486

JOURNAL OP THE SENATE,

Honorable Joe Burton of DeKalb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Eleanor Richardson of DeKalb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1979. The vote on this confirmation was yeas 51, nays 0, and the nom inee was confirmed.
Honorable James A. Mackay of DeKalb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1980. The vote on this confirmation was yeas 51, nays 0, and the nomi nee was confirmed.
Honorable Glenn A. Vergason of DeKalb County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1980. The vote on this confirmation was yeas 51, nays 0, and the nom inee was confirmed.
Honorable Carolyn B. Gregory of Dooly County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.
Honorable Allan W. Russell of Dougherty County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.
Honorable Betty P. Spence of Dougherty County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.
Honorable Yvonne Bankston of Fulton County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.
Honorable J. W. Pinkston of Fulton County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

FRIDAY, MARCH 3, 1978

2487

Honorable Deedy Bartenfeld of Fulton County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Beverly Long of Fulton County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.
Honorable Peter N. Mayfield of Fulton County as a member of the State Advisory Council for Mental Health and Mental Retardation, for the term of office beginning June 30, 1977, and ending June 30, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Alton P. Draughon of Dooly County as a member of the Board of Natural Resources, for the term of office beginning May 19, 1977, and ending January 1, 1984. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Dolan E. Brown, Jr., of Emanuel County as a member of the Board of Natural Resources, for the term of office beginning May 19, 1977, and ending January 1, 1984. The vote on this confirma tion was yeas 51, nays 0, and the nominee was confirmed.

Honorable Frances H. Evans of Bibb County as a member of the Board of Nursing, for the term of office beginning April 11, 1977, and ending September 23, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Jimmy L. Chastain of Cherokee County as a member of the Board of Nursing, for the term of office beginning April 11, 1977, and ending September 23, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Harley C. Morrison of Chatham County as a member of the Georgia State Board of Nursing Home Administrators, for the term of office beginning October 26, 1977, and ending October 26, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Selena D. Dunn of DeKalb County as a member of the Georgia State Board of Nursing Home Administrators, for the term of office beginning October 26, 1977, and ending December 29, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Sylvia F. Andrews of DeKalb County as a member of the Georgia State Board of Nursing- Home Administrators, for the term of office beginning October 26, 1977, and ending December 29, 1979.

2488

JOURNAL OF THE SENATE,

The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Harvey R. Bauguess of Fulton County as a member of the Georgia State Board of Nursing Home Administrators, for the term of office beginning October 26, 1977, and ending June 4, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was con firmed.

Honorable George F. Green, M.D., of Hancock County as a member of the Georgia State Board of Nursing Home Administrators, for the term of office beginning October 26, 1977, and ending December 29, 1979. The vote on this confirmation was yeas 51, nays 0, and the nom inee was confirmed.

Honorable C. O. Templeton of Lowndes County as a member of the Georgia State Board of Nursing Home Administrators, for the term of office beginning October 26, 1977, and ending December 29, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Paula M. Bingham of Lumpkin County as a member of the Georgia State Board of Nursing Home Administrators, for the term of office beginning October 26, 1977, and ending December 29, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable James R. Westberry of Spalding County as a member of the Georgia State Board of Nursing Home Administrators, for the term of office beginning October 26, 1977, and ending December 29, 1979. The vote on this confirmation was yeas 51, nays 0, and the nom inee was confirmed.

Honorable Solomon Nixon of Tift County as a member of the Georgia State Board of Nursing Home Administrators, for the term of office beginning October 26, 1977, and ending October 26, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Edwin S. Varner, Jr., of Houston County as a member of the Board of Offender Rehabilitation, for the term of office begin ning November 30, 1977, and ending November 27, 1981. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Lynthia W. Miller of Richmond County as a member of the Board of Offender Rehabilitation, for the term of office beginning November 30, 1977, and ending January 25, 1980. The vote on this con firmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable L. Wayne Brown, O.D., of Carroll County as a member of the Georgia State Board of Examiners in Optometry, for the term of office beginnning December 12, 1977, and ending September 9, 1980.

FRIDAY, MARCH 3, 1978

2489

The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.
Honorable I. Dell Engram, Jr., O.D., of Fulton County as a mem ber of the Georgia State Board of Examiners in Optometry, for the term of office beginning December 12, 1977, and ending September 9, 1980. The vote on this confirmation was yeas 51, nays 0, and the nomi nee was confirmed.
Honorable Stephen E. Sanford of Chatham County as a member of the State Board of Dispensing Opticians, for the term of office begin ning December 19, 1977, and ending March 16, 1981. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable John C. Eldridge of Fulton County as a member of the State Board of Dispensing Opticians, for the term of office beginning December 19, 1977, and ending March 16, 1979. The vote on this confir mation was yeas 51, nays 0, and the nominee was confirmed.

Honorable W. Jennings Murphy of Richmond County as a member of the State Board of Dispensing Opticians, for the term of office be ginning December 19, 1977, and ending March 16, 1980. The vote on this confirmation was yeas 51, 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 November 28, 1977, and ending October 14, 1982. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Joyce Ann Brown of Cobb County as a member of the Professional Standards Commission, for the term of office beginning November 28, 1977, and ending June 30, 1979. The vote on this confirma tion was yeas 51, 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 beginning November 28, 1977, and ending October 14, 1982. The vote on this con firmation was yeas 51, 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 beginning November 28, 1977, and ending October 14, 1982. The vote on this con firmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable C. H. Morse of Peach County as a member of the Pro fessional Standards Commission, for the term of office beginning November 28, 1977, and ending October 14, 1982. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable N. Arvid Vasenden, D.P.M., of Clarke County as a mem ber of the State Board of Podiatry Examiners, for the term of office beginning May 30, 1977, and ending May 5, 1978. The vote on this con firmation was yeas 51, nays 0, and the nominee was confirmed.

2490

JOURNAL OP THE SENATE,

Honorable Glenn Dowling, D.P.M., of Dougherty County as a mem
ber of the State Board of Podiatry Examiners, for the term of office beginning May 30, 1977, and ending May 5, 1979. The vote on this con firmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable A. R. Pitts, Jr., D.P.M., of Lowndes County as a member of the State Board of Podiatry Examiners, for the term of office be ginning May 30, 1977, and ending May 5, 1980. The vote on this con firmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Lawrence E. Mahany of Chatham County as a member of the Georgia Peace Officers Standards and Training Council, for the term of office beginning April 7, 1977, and ending July 1, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Louis Graham of DeKalb County as a member of the Georgia Peace Officers Standards and Training Council, for the term of office beginning April 7, 1977, and ending July 1, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Vivian Ann Underwood of DeKalb County as a member of the Georgia Peace Officers Standards and Training Council, for the term of office beginning April 7, 1977, and ending April 7, 1981. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable James Edward Bearing of Fulton County as a member of the Georgia Peace Officers Standards and Training Council, for the term of office beginning April 7, 1977, and ending April 7, 1981. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.
Honorable Charles Kent of Tift County as a member of the Georgia Peace Officers Standards and Training Council, for the term of office beginning April 7, 1977, and ending July 1, 1978. The vote on this con firmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Merrill A. Greathouse of Upson County as a member of the Georgia Peace Officers Standards and Training Council, for the term of office beginning April 7, 1977, and ending July 1, 1977. The vote on this confirmation was yeas 51, nays 0, and the nominee was
confirmed.

Honorable Edward H. Burruss of Cobb County as a member of the Board of Public Safety, for the term of office beginning April 20, 1977, and ending January 20, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Winston B. Brock of Decatur County as a member of the Georgia Ports Authority, for the term of office beginning August 11, 1977, and ending June 30, 1981. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

FRIDAY, MARCH 3, 1978

2491

Honorable H. Baxter Harcourt of Muscogee County as a member of the Georgia Ports Authority, for the term of office beginning Aug ust 11, 1977, and ending June 30, 1981. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable J. Frank Clark of DeKalb County as a member of the State Board of Examiners of Psychologists, for the term of office be ginning April 18, 1977, and ending January 7, 1981. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Charles B. Hackney of DeKalb County as a member of the Board of Physical Therapy, for the term of office beginning Novem ber 30, 1977, and ending August 30, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Eugene L. Argo of DeKalb County as a member of the Georgia State Board of Pharmacy, for the term of office beginning November 30, 1977, and ending November 1, 1982. The vote on this con firmation was yeas 51, nays 0, and the nominee was confirmed.
Honorable Jeanelle T. Edwards of Dougherty County as a member of the Board of Physical Therapy, for the term of office beginning November 30, 1977, and ending August 30, 1979. The vote on this con firmation was yeas 51, nays 0, and the nominee was confirmed.
Honorable Glory Y. Sanders of Fulton County as a member of the Board of Physical Therapy, for the term of office beginning November 30, 1977, and ending August 30, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.
Honorable Frances A. Curtiss of Fulton County as a member of the Board of Physical Therapy, for the term of office beginning November 30, 1977, and ending August 30, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.
Honorable Patricia S. Costen of Richmond County as a member of the Board of Physical Therapy, for the term of office beginning Novem ber 30, 1977, and ending August 30, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.
Honorable Mobley Howell of Early County as a member of the State Board of Pardons and Paroles, for the term of office beginning November 14, 1977, and ending January 1, 1978. The vote on this con firmation was yeas 51, nays 0, and the nominee was confirmed.
Honorable Mobley Howell of Early County as a member of the State Board of Pardons and Paroles, for the term of office beginning January 11, 1978, and ending January 1, 1985. The vote on this con firmation was yeas 51, nays 0, and the nominee was confirmed.
Honorable Boyd D. Sisson of Richmond County as a member of the State Board of Examiners of Psychologists, for the term of office be-

2492

JOURNAL OF THE SENATE,

ginning April 18, 1977, and ending March 27, 1981. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Edward J. Bartlett of Chatham County as a member of the Board of Trustees of the Subsequent Injury Trust Fund, for the term of office beginning September 6, 1977, and ending July 1, 1982. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Janis S. Murray of Clarke County as a member of the Board of Trustees of the Subsequent Injury Trust Fund, for the term of office beginning September 6, 1977, and ending July 1, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.
Honorable James C. Thompson of Coweta County as a member of the Board of Trustees of the Subsequent Injury Trust Fund, for the term of office beginning September 6, 1977, and ending July 1, 1983. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Nathan B. Nolan of DeKalb County as a member of the Board of Trustees of the Subsequent Injury Trust Fund, for the term of office beginning September 6, 1977, and ending July 1, 1981. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable James A. Neal, Sr., of Stephens County as a member of the Board of Trustees of the Subsequent Injury Trust Fund, for the term of office beginning September 6, 1977, and ending July 1, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable W. R. Neal, Jr., of Clarke County as a member of the Board of Examiners on Speech Pathology and Audiology, for the term of office beginning March 16, 1977, and ending June 24, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was con firmed.

Honorable John C. Bess of Fulton County as a member of the Board of Examiners on Speech Pathology and Audiology, for the term of office beginning December 16, 1977, and ending June 24, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Julia W. Hand of Fulton County as a member of the Board of Examiners on Speech Pathology and Audiology, for the term of office beginning December 16, 1977, and ending June 24, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was
confirmed.

Honorable LaRae Bennett of Lowndes County as a member of the Board of Examiners on Speech Pathology and Audiology, for the term

FRIDAY, MARCH 3, 1978

2493

tff office beginning March 16, 1977, and ending June 24, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was con firmed.
Honorable Paul C. Broun of Clarke County as a member of the Board of Control for Southern Regional Education, for the term of office beginning June 30, 1977, and ending June 30, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Herbert B. Henderson of Clarke County as a member of the State Board of Examiners for Registered Professional Sanitarians, for the term of office beginning November 22, 1977, and ending No vember 22, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Thomas W. McKinley of Gwinnett County as a member of the State Board of Examiners for Registered Professional Sani tarians, for the term of office beginning November 22, 1977, and ending November 22, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable John R. Rogers of Laurens County as a member of the State Board of Examiners for Registered Professional Sanitarians, for the term of office beginning November 22, 1977, and ending November 22, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Joseph W. Mclntosh of Muscogee County as a member of the State Board of Examiners for Registered Professional Sanitar ians, for the term of office beginning November 22, 1977, and ending November 22, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Walter S. Lanter of Peach County as a member of the State Board of Examiners for Registered Professional Sanitarians, for the term of office beginning November 22, 1977, and ending November 22, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable J. Lewis Tinley of Rockdale County as a member of the State Board of Examiners for Registered Professional Sanitarians, for the term of office beginning November 22, 1977, and ending November 22, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was'confirmed.

Honorable Dorman A. Collins of Muscogee County as a member of the State Board of Examiners for Registered Professional Sani tarians, for the term of office beginning November 22, 1977, and end ing November 22, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Garland Thompson of Coffee County as a member of the State Soil and Water Conservation Committee, for the term of of-

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JOURNAL OF THE SENATE,

fice beginning September 19, 1977, and ending January 1, 1982. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable H. Crawford Hewell of Fayette County as a member of the State Soil and Water Conservation Committee, for the term of office beginning September 19, 1977, and ending January 1, 1980. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Amon L. Corn of Forsyth County as a member of the State Soil and Water Conservation Committee for the term of office beginning September 19, 1977, and ending January 1, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.
Honorable Frank 0. Crawford of Polk County as a member of the State Soil and Water Conservation Committee, for the term of office beginning September 19, 1977, and ending January 1, 1978. The vote on this confirmation was yeas 51, nays 0, and the nominee was con firmed.
Honorable J. Frank Murrah of Stewart County as a member of the State Soil and Water Conservation Committee, for the term of office beginning September 19, 1977, and ending January 1, 1981. The vote on this confirmation was yeas 51, nays 0, and the nominee was con firmed.
Honorable Susan W. Anthony of Gwinnett County as a member of the Stone Mountain Memorial Association, for the term of office be ginning May 23, 1977, and ending February 24, 1979. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable June B. Barnes of Fulton County as a member of the Troubled Children Study Committee, for the term of office beginning April 18, 1977, and ending December 21, 1977. The vote on this confir mation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Victor A. Gregory of Cobb County as a member of the Troubled Children Study Committee, for the term of office beginning April 18, 1977, and ending December 31, 1977. The vote on this con firmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Cheatham E. Hodges, Jr., of Richmond County as a member of the Troubled Children Study Committee, for the term of of fice beginning April 18, 1977, and ending December 31, 1977. The vote on this confirmation was yeas 51, nays 0, and the nominee was con firmed.

Honorable Josephine F. Wilkes of Glynn County as a member of the Troubled Children Study Committee, for the term of office begin ning April 18, 1977, and ending December 31, 1977. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

FRIDAY, MARCH 3, 1978

2495

Honorable J. H. Sharman, D.V.M., of Dougherty County as a mem ber of the Board of Veterinary Medicine, for the term of office begin ning June 30, 1977, and ending September 16, 1981. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable R. D. Smith, Jr., of Stephens County as a member of the State Board of Veterans Service, for the term of office beginning April 29, 1977, and ending April 1, 1984. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable James W. Paris of Barrow County as a member of the State Board of Workmen's Compensation, for the term of office begin ning July 1, 1977, and ending May 1, 1981. The vote on this confirma tion was yeas 51, nays 0, and the nominee was confirmed.

Honorable E. Earl Mallard of Walton County as Chairman of the State Board of Workmen's Compensation, for the term of office begin ning May 12, 1977, and ending May 1, 1981. The vote on this confirma tion was yeas 51, nays 0, and the nominee was confirmed.

Honorable L. C. Harrison of Cobb County as a member of the State Board of Examiners for Certification of Water and Wastewater Treat ment Plant Operators, for the term of office beginning September 7,
1977, and ending August 17, 1979. The vote on this confirmation was yeas 51, 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 September 7, 1977, and ending August 17, 1980. The vote on this confirmation was yeas 51, 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 baginning September 7, 1977, and ending August 17, 1981. The vote on this con firmation was yeas 51, nays 0, and the nominee was confirmed.

The following named persons as members of the Commission on the Status of Women for terms beginning October 3, 1977, and serving at the pleasure of the Governor: Joyce Schafer of Bibb County; Dorris Holmes of Fulton County; Mildred Dadisman of Muscogee County; Lynthia Miller oS Richmond County. The vote on this confirmation was yeas 51, nays 0, and the nominees were confirmed.

Honorable Sam Ayoub of Fulton County as a member of the Geo. L. Smith, II World Congress Center Authority, for the term of office beginning November 30, 1977, and ending April 1, 1981. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable William E. Strickland of Fulton County as State Rev enue Commissioner, for the term of office beginning November 7, 1977,

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JOURNAL OF THE SENATE,

and serving at the pleasure of the Governor. The vote on this confirma tion was yeas 51, nays 0, and the nominee was confirmed.
Honorable Joseph M. Cheshire of DeKalb County as Assistant Ad jutant General for Air, for the term of office beginning July 14, 1977, and serving at the pleasure of the Governor. The vote on this confirma tion was yeas 51, nays 0, and the nominee was confirmed.
Honorable David Poythress of DeKalb County as Commissioner of Medical Assistance, for the term of office beginning May 20, 1977, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.
Honorable Clark Stevens of Fulton County as Director of the Of fice of Planning and Budget, for the term of office beginning April 28, 1977, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable John C. Hunsucker of Cobb County as Administrator of the Interstate Compact on Juveniles, for the term of office beginning April 8, 1977, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was con firmed.

Honorable Hollis Q. Lathem of Cherokee County as a member of the State Board of Education, for the term of office beginning Febru ary 21, 1978, and ending January 1, 1985. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable George W. Patton, Jr., of Fayette County as a member of the Board of Veterinary Medicine, for the term of office beginning February 22, 1978, and ending September 16, 1982. The vote on this con firmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable William T. Whatley of Toombs County as Judge of the State Court of Toombs County, for the term of office beginning August 18, 1977, and ending January 1, 1981. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Ronald F. Adams of Glynn County as Judge of the State Court of Glynn County, for the term of office beginning January 1, 1978, and ending January 1, 1981. The vote on this confirmation was yeas 52, nays 0, and the nominee was confirmed.

Honorable Jerry Rhea of DeKalb County as a member of the Georgia Board of Athletic Trainers, for the term of office beginning February 24, 1978, and ending January 31, 1978. The vote on this con firmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Leonidas S. Epps, Jr., of Fulton County as a member of the Board of Athletic Trainers, for the term of office beginning Feb ruary 24, 1978, and ending on January 31, 1980. The vote on this con firmation was yeas 51, nays 0, and the nominee was confirmed.

FRIDAY, MARCH 3, 1978

2497

Honorable Fred L. Allman, Jr., M.D., of Fulton County as a mem ber of the Board of Athletic Trainers, for the term of office beginning February 24, 1978, and ending January 31, 1982. The vote on this con firmation was yeas 51, nays 0, and the nominee was confirmed.

Honorable Jerry Rhea of DeKalb County as a member of the Georgia Board of Athletic Trainers, for the term of office beginning February 24, 1978, and ending January 31, 1984. The vote on this con firmation was yeas 51, nays 0, and the nominee was confirmed.

Sincerely,
/s/ Hamilton McWhorter, Jr. Secretary of the Senate

The President designated Senator Gillis of the 20th to assume the Chair.

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

HB 1510. By Representative Pinkston of the 100th:
A bill to amend Code Title 41A, known as the "Financial Institutions Code of Georgia" so as to provide that any financial institution may close one day each week in addition to Sundays and other legal holidays; to provide that any act authorized, required or permitted to be performed at or by any financial institution on a day when it is closed may be performed on the next succeeding business day.
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 Carter Coverdell Dean of 6th Dean of 31st

Doss Eldridge English Evans Fincher Foster Greene Hill Holloway Howard Hudgins Kennedy

Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Scott Shapard Starr Stephens

2498
Stumbaugh Summers Sutton Thompson

JOURNAL OF THE SENATE,

Timmons Traylor Turner

Tysinger Walker Wessels

Those not voting were Senators:

Bond Brown of 47th Duncan Gillis (presiding)

Hudson Johnson Riley

Robinson Russell Tate

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

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the Senate:
SB 544. By Senator Kidd of the 25th: A bill to amend Code Section 34-610, relating to the keeping of regis tration cards and other papers, voter registration places and office hours, as amended, so as to provide for the designation of additional registration places and the requirements connected therewith; to pro vide for an effective date.

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

SB 428. By Senators Kidd of the 25th and Broun of the 46th:
A bill to amend Code Chapter 34-11, relating to ballots in elections, as amended, so as to provide for the election of unopposed candidates in special elections.

SB 468. By Senators Evans of the 37th, Coverdell of the 40th, Doss of the 52nd and others:
A bill to amend Code Chapter 56-24, relating to the insurance contract in general, so as to provide definitions; to provide for forms; to provide for notification prior to certain actions by insurers; to provide for time of notice, delivery or mailing and retention of notice, and contents there of.

FRIDAY, MARCH 3, 1978

2499

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

SB 501. By Senators Hudgins of the 15th, Evans of the 37th, Johnson of the 34th and others:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as to change the provisions regarding creation of juvenile courts; to provide for judges; to provide for their compensation, terms of office, appointment and reappointment; to provide for seminars.

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

HB 1384. By Representative Greer of the 43rd:
A bill to amend an Act creating the Judges' and Solicitor Generals' Re tirement Fund of Fulton County so as to provide for increased benefits for service by a member after becoming eligible for retirement on full benefits.

HB 1437. By Representative Greer of the 43rd:
A bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Edu cation of Fulton County so as to change the requirements for receiving a spouse's pension under said Act.

HB 2077. By Representatives Hutchinson of the 133rd, Hatcher of the 131st, White of the 132nd and McCollum of the 134th:
A bill to amend the Charter of the City of Albany, so as to add to the corporate limits of the City of Albany.

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

HR 40. By Representative Greer of the 43rd:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Fulton County to provide, from time to time, for the increase in retirement or pension benefits of per sons who have retired or who may hereafter retire pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by or pursuant to law which is wholly or partially supported by the funds of Fulton County.

The House has disagreed to the Senate substitute to the following resolution of the House:

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JOURNAL OF THE SENATE,

HR 81. By Representatives Tolbert and Butler of the 56th, Richardson of the 52nd and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes on aquatic pleasure craft; to provide for the submission of this amendment for ratification or rejection.

The following general bill of the House, having been read the third time previously today and postponed until 11:00 o'clock A.M., was put upon its passage:

HB 304. By Representative Greer of the 43rd:
A bill to amend an Act creating the office of District Attorney Emer itus and creating a retirement fund, so as to provide for suvivor's bene fits and for increased payments into the retirement fund. Senator Sponsor: Senator English of the 21st.

The following fiscal notes, as required by law, were read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

March 1, 1978

MEMORANDUM

TO:

Thomas B. Buck, III, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark Stevens, Director, Office of
Planning and Budget

SUBJECT: Fiscal Note--House Bill 304 (Committee Substitute) District Attorney Emeritus Retirement System

This Bill, as amended would allow members to provide for spouse benefits by paying into the Sytem an amount equal to two percent of their state salary for each year of service (both prior and future years). Spouses of retired members or of members with 19 years' service would receive 50 percent of the member's retirement benefits; spouses of mem bers who die with less than 19 years' service, but more than 10 years' service, would receive reduced benefits.

The fiscal impact of this Bill could be significant. Assuming that the ten current members elect spouse benefit coverage, and assuming that each member works an average of four additional years prior to retiring, the cost to the state would be approximately $576,870 (based

FRIDAY, MARCH 3, 1978

2501

on the members' current $34,000 salary). Because eight of the ten members will be in their 19th year of service in four years (1982), this estimate assumes that all surviving spouses will receive full benefits.

It should be pointed out that the exact cost to the state will be dependent upon the method used to compute the amount members pay for previous years' service. Prior to the passage of Act No. 1013 in 1968, district attorneys were paid on a fee system and did not receive a state salary. This proposed legislation does not specify how, or if, service rendered under the fee system is to be included in computing the mem bers' required two percent contribution.

I si William M. Nixon State Auditor

I si Clark T. Stevens Office of Planning and Budget

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

January 31, 1977

MEMORANDUM

TO:

Thomas B. 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 304 District Attorney Emeritus Retirement System

This Bill provides for an early retirement with reduced benefits at age 55 and fourteen or more years of creditable service. This Bill also provides for survivors' benefits and for increased payments into the retirement fund.
There are currently 11 District Attorneys who would be affected by this legislation and the additional cost to the State would approximate $521,000.00. Please find attached letter from Mr. G. W. Hogan, Director, Fiscal Division, Department of Administrative Services, which we feel is self-explanatory, and which concurs with our own analysis.

Isl William M. Nixon, State Auditor
1st Richard B. Cobb, Deputy Director, Office of Planning and Budget

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JOURNAL OF THE SENATE,

DEPARTMENT OF ADMINISTRATIVE SERVICES Fiscal Division
P.O. Box 38198, Capitol Hill Station Atlanta, Georgia 30334

February 10, 1977

Honorable Thomas B. Buck, III, Chairman Retirement Committee, Georgia House of Representatives Room 420, State Capitol
Atlanta, Georgia 30334

Dear Representative Buck:

As you requested, we have reviewed House Bill 304 which would amend the District Attorney Emeritus Retirement System.
Due to the small number of active members, it is doubtful that any projections would be statistically sound. However, the following repre sents our best estimate of the maximum cost of the proposed changes. Since we do not have the birthdates of the members on file, we have used those provided in the Georgia Official and Statistical Register.
There are two separate provisions in H.B. 304.
The first would provide for an early retirement with reduced benefits at age 55 and fourteen or more years of creditable service. Although no contributions would be required for this benefit, the cost involved for the three members effected would be offset by the reduced dollar amounts paid them, assuming: 1) the current salary does not change and 2) they live their full life expectance.
The second would provide for spouses benefits in the amount of 50% per annum of the benefit the District Attorney was receiving, or eligible to receive, at the time of his death.
Obviously, the cost to the State for this change would be determined by the length of time, if any, that a spouse outlives a District Attorney. If, for example, all District Attorneys outlive their spouses, there would never be any cost to the State.
On the other hand if all the spouses survive the District Attorney by 7.7 years, which coincides with ages and mortality tables, the total cost to the State over a period of years could be as high as $521,000.00. Neither of these extremes is likely.
I should also point out there would not be any cost to the State until the retirement benefits are actually paid due to the way emeritus sys tems are funded.

Sincerely,
// G. W. Hogan, Director Fiscal Division

FRIDAY, MARCH 3, 1978

2503

H.B. #304

The only retirement system in the State which does not provide widows' benefits is the District Attorney Emeritus Retirement System.

Ten veteran district attorneys are under this system and this bill would simply provide that if a district attorney should die after becoming eligible for retirement, his widow could collect half of that retirement benefit. Since the maximum a district attorney can draw is 50% of his State salary, the maximum his widow could draw would be 25% of that salary (which would be $7,000).

The district attorney would have to contribute an additional 2% of salary to come under this provision.

There would be no cost to the State this year and the total cost in the future could be anywhere from no cost (if no widows survived any of the 10 district attorneys) to an outside maximum of about $500,000 if all eleven district attorneys died and all their wives outlived them by about 8 years. According to the fiscal note, this is not likely.

This bill also provides that a District Attorney can retire in less than 19 years, but if he does so he must have at least 14 years service and he will only get a pro-rata share of his retirement. He also must be at least 55 years old.

CIRCUITS
Alapaha Atlanta Blue Ridge
Brunswick Cordele Northeastern Tallapoosa Toombs Waycross Middle Houston

DISTRICT ATTORNEYS
Vickers Neugent Lewis R. Slaton C. B. Holcomb
Glenn Thomas, Jr. D. E. Turk Jeff Wayne John T. Perren Kenneth E. Goolsby Dewey Hayes H. Reginald Thompson Stephen Pace, Jr.

1/1/61 4/21/65 1/1/65
Died 1/15/78 7/1/67 1/1/55 2/7/49 1/1/67
12/14/60 1/1/57
9/20/67

The Senate Committee on Retirement offered the following amendment:
Amend HB 304 by striking from lines 7 and 8 of Page 1 the fol lowing:
"to provide for appointment as district attorney emeritus;"; and
By adding, following the word "date" on line 26 of Page 1, the following:

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JOURNAL OF THE SENATE,

"if he had 19 years of service as of the date of his death. If such district attorney had completed 10 years of actual service as a district attorney but had not completed 19 years of service as of the date of his death, his surviving spouse who is eligible for such benefits hereunder shall be entitled to receive for life or until re marriage a sum equal to the amount determined by multiplying one-half of the benefit he would have been entitled to receive upon completion of 19 years of service without change in the salary he was receiving at the time of his death times the fraction which the district attorney's actual service bears to 19 years.";
and
By striking lines 27 of Page 1 through 20 of Page 2 in their entirety;
and
By striking Section 4 on lines 9 through 16 of Page 3 in its entirety;
and
By renumbering Sections 5 and 6 as Sections 4 and 5, respectively.

Senator English of the 21st moved that HB 304 be postponed until March 6.

On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 304 was postponed until March 6.

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

HB 1585. By Representatives Phillips of the 91st, Birdsong of the 103rd, Patten of the 146th and others:
A bill to amend an Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968 so as to change the provisions relative to the membership of area planning and development commis sions. Senate Sponsor: Senator Foster of the 50th.

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

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 Greene Hill Holloway Howard Hudson Johnson

FRIDAY, MARCH 3, 1978

2505

Kennedy Kidd Langford Lester McGill Overby Reynolds Riley Robinson Scott Shapard

Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker

Voting in the negative were Senators Dean of 31st and Paulk.

Those not voting were Senators:

Brown of 47th Duncan Gillis (presiding)

Hudgins Pearce Russell

Timmons Wessels

On the passage of the bill, the yeas were 46, nays 2.

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

HB 1598. By Representative Ham of the 80th:
A bill to amend an Act authorizing and empowering county boards of education and certain independent and public school systems to condemn private property for public school purposes, approved February 16, 1956. Senate Sponsor: Senator Tate of the 38th:

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

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

Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd

2506
McGill Overby Paulk Reynolds Riley Scott

JOURNAL OP THE SENATE,

Shapard Stephens Stumbaugh Summers Button Tate

Thompson Tryalor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Brown of 47th Duncan Gillis (presiding)

Langford Lester Pearce Robinson

Russell Starr Timmons

On the passage of the bill, the yeas were 45, nays 0.

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

HB 1629. By Representatives Snow of the 1st, Hatcher of the 131st, Carnes of the 43rd and Taggart of the 125th:
A bill to provide for the safety of bus passengers; to provide for a short title ("Bus Passenger Safety Act"); to provide for definitions; to pro hibit certain acts, actions and activities; to define the offense of bus hijacking; to define the offense of assault with the intent to commit bus hijacking.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Judiciary offered the following substitute to HB 1629:
A BILL
To be entitled an Act to provide for the safety of bus passengers; to provide for a short title; to provide for definitions; to prohibit cer tain acts, actions and activities; to define the offense of bus hijacking; to prohibit the employment of certain dangerous or deadly weapons or other means capable of inflicting serious bodily injury; to prohibit the boarding of a bus with certain weapons; to provide for certain searches and seizures; to prohibit the removal of certain baggage, cargo or other items under certain circumstances; 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. This Act shall be known and may be cited as the "Bus Passenger Safety Act."

FRIDAY, MARCH 3, 1978

2507

Section 2. As used in this Act, the following terms shall have the meanings described within this Section unless the context clearly indi cates otherwise:

(a) "Bus transportation company" or "company" shall mean any person, groups of persons or corporation providing for-hire transporta tion to passengers or cargo by bus upon the highways in the State of Georgia, including passengers and cargo in interstate or intrastate travel. This term shall also include bus transportation facilities owned or oper ated by local public bodies, by municipalities, and public corporations, boards and commissions established under the laws of the State.

(b) "Terminal" shall mean a bus station, depot or any facility oper ated by a bus transportation company. "Terminal" shall include a reason able area immediately adjacent to any designated stop along the route traveled by any coach operated by a bus transportation company and parking lots or parking areas adjacent to a terminal.

(c) "Passenger" shall mean any person served by the transportation company, and, in addition to the ordinary meaning of passenger, the term shall include any person accompanying or meeting another person who is transported by such company, any person shipping or receiving cargo and any person purchasing a ticket or receiving a pass.

(d) "Bus" shall mean any passenger bus or coach or other motor vehicle having a seating capacity of not less than 15 passengers operated by a bus transportation company for the purpose of carrying passengers or cargo for hire.

(e) "Charter" shall mean a group of persons, pursuant to a com mon purpose and under a single contract, and at a fixed charge for the vehicle in accordance with a bus transportation company's tariff, who have acquired the exclusive use of a bus to travel together as a group to a specified destination.

Section 3. (a) The offense of bus hijacking is defined as the siezure or exercise of control, by force or violence or threat of force or violence, of any bus within the jurisdiction of the State of Georgia. Any person committing the offense of bus hijacking shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for life or imprison ment for not less than one nor more than twenty (20) years.

(b) Any person who boards or attempts to board a bus with a dangerous or deadly weapon concealed on or about his person or his property which is, or would be, accessible to such person while on the bus, or any person who has on or about his person, or who has placed, attempted to place, or attempted to have placed aboard such bus any bomb, or similar explosive or incendiary device, shall be guilty of a felony, and, upon conviction, shall be sentenced to imprisonment for not less than one (1) nor more than ten (10) years. The prohibition of this subsection shall not apply to any person who is exempted under Title 26, Section 2907, or commercial security personnel who are in possession of weapons used within the course and scope of their employment; nor

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shall the prohibition apply to persons who are in the possession of weapons with the consent of the owner of such bus, or his agent, or the lessee or bailee of such bus; nor shall the prohibition apply to persons transporting weapons contained in baggage which is not accessible to passengers on the bus if the presence of such weapons has been declared to the bus company.

(c) The company may employ reasonable means, including mechan ical, electronic or x-ray devices to detect concealed weapons, or ex plosives or hazardous material in baggage or upon the person of the passenger. Upon the discovery of any such item or material in the pos session of a person not specifically exempted under the provisions of subsection 3'(b), the company shall obtain possession and retain custody of such item or materials until it is transferred to the custody of law enforcement officers.

Section 4. (a) It shall be unlawful to remove any baggage, cargo or other item transported upon a bus or stored in a terminal without consent of the owner of such property or the company, or its duly authorized representative. Any person violating this Section shall be guilty of a felony and, upon conviction, shall be punished by imprison ment for not less than one nor more than five (5) years.

(b) The actual value of an item removed in violation of this Section shall not be material to the crime herein defined.

Section 5. The provision of this Act shall be cumulative and sup plemental to the provisions of any other law of this State. A conviction or acquittal under any of the criminal Sections of this Act shall not be a bar to any other civil or criminal proceeding.

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 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:

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 Fincher Foster Greene Hill Holloway Howard Hudson Johnson

FRIDAY, MARCH 3, 1978

2509

Kennedy
Kidd Langford Lester McGill Overby Paulk Reynolds Riley Robinson Scott Shapard

Starr
Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Banks (excused conferee) Coverdell Duncan

Evans Gillis (presiding) Hudgins

Pearce Russell Timmons

On the passage of the bill, the yeas were 46, nays 1.

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 468. By Senators Evans of the 37th, Coverdell of the 40th, Doss of the 52nd and others:
A bill to amend Code Chapter 56-24, relating to the insurance contract in general, so as to provide definitions; to provide for forms; to provide for notification prior to certain actions by insurers; to provide for time of notice, delivery or mailing and retention of notice, and contents thereof.
The House substitute to SB 468 was as follows:
A BILL
To be entitled an Act to amend Code Chapter 56^24, relating to the insurance contract in general, so as to require notice prior to cancella tion or nonrenewal of certain standard fire policies; to provide defi nitions; to provide for notification prior to certain actions by insurers; to provide additional authority for the Insurance Commissioner relative to cancellations and nonrenewals by insurers; to provide immunity from

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liability; to provide for all other matters relative to the foregoing; to
provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Chapter 56-24, relating to the insurance contract in general, is hereby amended by adding immediately following Code Section 56-2430.2 a new Code Section, to read as follows:
"56-2430.3. Notification of cancellation and nonrenewal.-- (a) The provisions of this Section shall apply only to policies of in surance against direct loss to residential real property, and the contents thereof, as defined and limited in standard fire policies insuring natural persons as the named insured.
(b) As used in this Section:
(1) 'Renewal' means issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer and providing no less than the coverage contained in the superseded policy, or issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term, or the extension of the term of a policy beyond its policy period or term pursuant to a provision for extending the policy by payment of a continuation premium. Any policy with a policy period or term of less than six months shall, for the purpose of this Section, be considered to have suc cessive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termination by its terms or by refusal to accept premiums shall be a cancellation subject to this Section. Provided further, that for the purposes of this Section, any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one year and any termination by an insurer effective on an anniversary date of such policy shall be deemed a failure to renew.
(2) 'Policies' means a policy insuring a natural person as named insured against direct loss to residential real property, and the contents thereof, as defined and limited in standard fire policies by the Commissioner.
(3) 'Nonrenewal' or 'nonrenewed' means failure or refusal by an insurer to renew.
(c) Cancellation by an insurer of a policy shall not be effective unless notice is provided to the insured as required by Code Section 56-2430.
(d) Nonrenewal shall not be effective unless written notice is provided to the insured stating the date the nonrenewal will be

FRIDAY, MARCH 3, 1978

2511

effective, which effective date shall be not less than thirty days after the date of notice, except with respect to policies insuring industrial and commercial concerns, in which case such effective date shall not be less than fifteen days after the date of notice, and except with respect to the nonpayment of premium for the expiring policy or the failure of the insured to pay the premium as required by the insurer for renewal, in either of which case such effective date shall not be less than ten days after the date of notice.

(e) The notice required under subsections (c) and (d) of this Section shall be delivered in person or by depositing such notice in the United States mails to be dispatched by at least first class mail to the last address of record of the insured and receiving therefor the receipt provided by the United States Postal Service.
(f) The notice referred to or required under subsections (c) and (d) of this Section shall contain a statement, mailed or delivered to the insured not more than sixty days from the effective date of the cancellation or nonrenewal. The insurer will specify the reason or reasons for such cancellation or nonrenewal, which reason shall be in language sufficiently clear and specific so that a person of aver age intelligence can identify the basis for the insurer's decision without further inquiry. Such notice may be accompanied by a tender of any unearned premium paid by the insured calculated on a pro rata basis, but if not accompanying such notice, such tender shall be made no later than 30 days after such notice is delivered in person or mailed, unless an audit or rate investigation is required, in which case such tender shall be made as soon as practicable.

(g) When a policy is cancelled, other than for nonpayment of premium, or in the event of a failure to renew or continue a policy,
the insurer shall notify the named insured of his possible eligibility for insurance through the Georgia Fair Plan. Such notice shall accompany or be included in the notice of cancellation or the notice of intent not to renew, or not to continue the policy, and shall state that such notice availability of the Georgia Fair Plan is given pur suant to this Section. Included in such notice shall be the address by which the Georgia Fair Plan might be contacted in order to
determine eligibility.

(h) There shall be no liability on the part of and no cause of action of any nature shall arise against the Comptroller General or his employees, or against any insurer, its authorized representa tives, its agents, its employees, or any firm, person or corporation furnishing to the insurer information as to reasons for cancellation
or nonrenewal, for any statement made by any of them and any written notice of cancellation or nonrenewal, or in any other com munication, oral or written specifying the reasons for cancellation
or nonrenewal, or the providing of information pertaining thereto, or for statements made or evidence submitted at any formal, or informal hearing conducted in connection therewith."

Section 2. This Act shall become effective January 1, 1979.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Evans of the 37th moved that the Senate agree to the House sub stitute to SB 468.

On the motion, 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 Coverdell Dean of 6th Eldridge English
Evans Fincher

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

Reynolds Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker

Voting in the negative were Senators Dean of 31st and Doss.

Those not voting were Senators:

Banks (excused conferee) Duncan

Gillis (presiding) Pearce Riley

Russell Timmons Wessels

On the motion, the yeas were 46, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 468.

The following resolution of the Senate was read and adopted:

SR 390. By Senator Tysinger of the 41st: A resolution congratulating and commending Miss Gaye Bell.

The President resumed the Chair.

The following local, uncontested resolutions of the Senate and House, favor ably reported by the committee, were read the third time and put upon their adoption:

SR 372. By Senator Bell of the 5th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the the nonpartisan election

FRIDAY, MARCH 3, 1978

2513

of certain members of the DeKalb County Board of Education; to pro
vide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VIII, Section V, Paragraph II, Subparagraph (b) is hereby amended by adding at the end thereof a new paragraph, to read as follows:

"Notwithstanding any other provisions .of this Constitution to the contrary, the General Assembly is hereby authorized to provide by local law for the nonpartisan election of those members of the DeKalb County Board of Education, which members are not elected from at-large districts or posts. The authority provided by this paragraph may be exercised by the General Assembly notwith standing any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph, and any local law adopted pursuant to the authority of this paragraph shall control the subject matter thereof as to the political subdivision affected, notwith standing the provisions of any conflicting general 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:

"( ) YES Shall the Constitution be amended so as to au thorize the General Assembly to provide by local
( ) NO law for the nonpartisan election of certain mem bers of the DeKalb County Board of Education?"

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

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.
The Senate Committee on County and Urban Affairs offered the following substitute to SR 372:
A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the nonpartisan election of any or all members of the DeKalb County Board of Education and to
authorize the General Assembly to provide by local law for the compen sation of the members of said Board of Education; to provide for the

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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, Subparagraph (b) is hereby amended by adding at the end thereof a new paragraph, to read as follows:
"Notwithstanding any other provisions of this Constitution to the contrary, the General Assembly is hereby authorized to provide by local law for the nonpartisan election of any or all members of the DeKalb County Board of Education. The General Assembly shall be further authorized to provide by local law for the com pensation of the members of the DeKalb County Board of Edu cation. The authority provided by this paragraph may be exer cised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph, and any local law adopted pursuant to the authority of this paragraph shall control the subject matter thereof as to the political subdivision affected, notwithstanding the provisions of any conflicting general 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:
"( ) YES Shall the Constitution be amended so as to authorize the General Assembly to provide by
( ) NO local law for the nonpartisan election of any or all members of the DeKalb county Board of Edu cation and to authorize the General Assembly to provide by local law for the compensation of the members of said Board of Education?"
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 47, 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

Ballard

Barker

FRIDAY, MARCH 3, 1978

2515

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 Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Robinson
Scott Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker

Those not voting were Senators:

Banks (excused conferee) Barnes (excused conferee) Duncan (excused conferee)

Hudson (excused conferee) Riley (excused conferee)

Russell Starr Timmons Wessels

On the adoption of the resolution, the yeas were 47, nays 0.

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

HR 49. By Representatives Tolbert 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 to real property in DeKalb County; to limit the amount and duration of such exemption; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding after the penultimate subparagraph thereof a new subparagraph to read as follows:
"The value of improvements made to buildings, structures or portions thereof in DeKalb County by the owner is hereby exempted from ad valorem property taxes levied by DeKalb County and the DeKalb County School System. Said exemption shall not exceed 40% of the fair market value of the building, structure or portion thereof, as it existed prior to the improvement, exclusive of the

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value of the land on which it is situated, and the duration of said exemption shall be two years from the date the improvement is made. Said exemption shall be in addition to all other exemptions provided 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:

"( ) YES Shall the Constitution be amended so as to ex empt from ad valorem property taxes levied by
( ) NO DeKalb County and the DeKalb County School System the value of certain improvements made to real property, subject to certain limitations?"

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

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

The Senate Committee on County and Urban Affairs offered the following substitute to HR 49:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of DeKalb County to exempt from ad valorem property taxes levied by DeKalb County and the DeKalb County School System the value of certain improvements to real property in DeKalb County; to limit the amount and duration of such exemption; 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 after the penultimate subparagraph thereof a new subparagraph to read as follows:
"The value of improvements made to buildings, structures or portions thereof in DeKalb County by the owner is hereby exempted from ad valorem property taxes levied by DeKalb County and the DeKalb County School System. Said exemption shall not exceed 40% of the fair market value of the building, structure or portion thereof, as it existed prior to the improvement, exclusive of the

FRIDAY, MARCH 3, 1978

2517

value of the land on which it is situated, and the duration of said exception shall be two years from the date the improvement is made. The term 'improvements' shall not include furniture, fixtures, equip ment or machinery. Said exemption shall be in addition to all other exemptions provided by law. Said exemption shall begin in the tax year in which any such improvement meets the county inspection requirements. The provision of this subparagraph shall be imple mented and terminated at the discretion of the governing authority of DeKalb County; however, when terminated, any such exemption which has been established shall continue until the two-year exemp tion period has expired."

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 governing authority of DeKalb County
( ) NO and the DeKalb County School System the value of certain improvements made to real property, subject to certain limitations?"

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 47, 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 Ballard Barker Bell Bond Brantley

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

Doss Eldridge English Evans Fincher Foster

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Gillis Greene Hill Holloway Howard Hudgins Johnson Kennedy Kidd Langford

Lester McGill Overby Paulk Pearce Reynolds Robinson Scott Shapard Stephens

Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker

Those not voting were Senators:

Banks (excused conferee) Barnes (excused conferee)

Duncan (excused conferee) Hudson (excused conferee)

Riley (excused conferee) Russell Starr Timmons Wessels

On the adoption of the resolution, the yeas were 47, nays 0.

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

HR 436. By Representatives Johhston of the 56th, Lenderman of the 53rd, Tolbert of the 56th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of his spouse and all other members of his family who reside at and occupy his homestead, does not exceed $8,000.00' per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence; 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 I. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following para graph:
"Any other provisions of this Constitution to the contrary not withstanding, each resident of the DeKalb County School District who is 62 years of age or over or who is disabled is hereby granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by

FRIDAY, MARCH 3, 1978

2519

him as a residence if his adjusted gross income (as defined in the
Internal Revenue Code of 1954, as now or hereafter amended), to gether with the adjusted gross income of his spouse and all other members of his family who also reside at and occupy such home stead, does not exceed $8,000.00 for the immediately preceding tax able year. Such adjusted gross income, as used herein, shall not include any Federal old-age, survivors or disability insurance bene fits or any benefits under the Federal Railroad Retirement Act. Except for said Federal old-age, survivors or disability insurance benefits and benefits under said Federal Railroad Retirement Act, adjusted gross income, as used herein, shall include benefits re ceived under a retirement or pension fund when such benefits are based on contributions made thereto by such resident or his spouse. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners, of the Code of Georgia, as now or hereafter amended, certifying that in the opinion of such physician, or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such resident of the DeKalb County School District shall not receive the benefits of the homestead exemption provided for herein unless he, or an agent acting in behalf of such resident, files an affidavit with the Tax Commissioner of DeKalb County, giving his age, or if dis abled, the certificate or certificates provided for herein, and the amount of income which he and his spouse and other members of his family occupying and residing at such homestead received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the Tax Commissioner to make a determnation as to whether such owner is entitled to such exemption. The Tax Com missioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other appli cations for homestead exemption, and the provisions of law ap plicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit and certifi cate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the DeKalb County School District who has claimed the homestead exemption provided for herein to notify the Tax Commissioner in the event he becomes ineligible for any reason to receive such homestead exemption. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased 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.

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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 pro vide that each resident of the DeKalb County
( ) NO School District who is 62 years of age or over or who is disabled and whose gross income, to gether with the gross income of his spouse and all members of his family who reside at and occupy his homestead, does not exceed $8,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

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

The Senate Committee on County and Urban Affairs offered the following substitute to HR 436:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of his spouse and all other members of his family who reside at and occupy his homestead, does not exceed $8,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence; 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 para graph :
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of the DeKalb County School District who is 62 years of age or over or who is disabled is hereby granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence if his total income from all sources, together with the total income from all sources of his spouse and all other members of his family who also reside at and occupy such home stead, does not exceed $8,000.00 for the immediately preceding taxable year. In order to qualify for the exemption provided for

FRIDAY, MARCH 3, 1978

2521

herein as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three phy sicians licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners, of the Code of Georgia, as now or hereafter amended, certifying that in the opinion of such physician, or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such resident of the DeKalb County School District shall not receive the benefits of the homestead exemption provided for herein unless he, or an agent acting in behalf of such resident, files an affidavit with the Tax Commissioner of DeKalb County, giving his age, or if disabled, the certificate or certificates provided for herein, and the amount of income which he and his spouse and other members of his family occupying and residing at such homestead received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the Tax Commissioner to make a determination as to whether such owner is entitled to such exemption. The Tax Com missioner shall provide affidavit forms for this purpose. Such ap plications shall be processed in the same manner as other applica tions for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the DeKalb County School District who has claimed the homestead exemption provided for herein to notify the Tax Commissioner in the event he becomes ineligible for any reason to receive such homestead exemption. The General Assembly may provide by law for the proper administration of this exemption, including penalties neces sary therefor. The increased 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 pro vide that each resident of the DeKalb County
( ) NO School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of his spouse and all mem bers of his family who reside at and occupy his homestead, does not exceed $8,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence?"

2522

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

On the adoption of the substitute, the yeas were 47, 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 Ballard Barker 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 Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Pearce Reynolds Robinson Scott Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker

Those not voting were Senators:

Banks
(excused conferee) Barnes (excused conferee) Duncan (excused conferee)

Hudson (excused conferee) Riley (excused conferee) Russell

Starr Timmons Wessels

On the adoption of the resolution, the yeas were 47, nays 0.

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

FRIDAY, MARCH 3, 1978

2523

HR 632. By Representatives Greene and Stone of the 138th:

A RESOLUTION

Proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Wayne County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VI, Section VII, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"Provided, however, that in Wayne County the justices of the peace shall have jurisdiction in all civil eases arising ex contractu and in cases of injury or damage to and conversion of personal property when the principal sum does not exceed $2,000.00 and shall sit monthly at fixed times and places, but in all cases there may be an appeal to a jury in said court or an appeal to the superior court under such regulations as may be prescribed by law."
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 in crease the dollar amount of civil cases over which
( ) NO the Justices of the Peace in Wayne County shall have jurisdiction from $200.00 to $2,000.00?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

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

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:

2524

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Ballard Barker 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 Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Pearce Reynolds Robinson Scott Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker

Those not voting were Senators:

Banks (excused conferee) Barnes (excused conferee) Duncan (excused conferee)

Hudson (excused conferee) Riley (excused conferee) Russell

Starr Timmons Wessels

On the adoption of the resolution, the yeas were 47, nays 0.

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

HR 672. By Representatives Gignilliat of the 122nd, Battle of the 124th, Jones of the 126th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for an exemption, from ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham, in a specified amount of the assessed value of the homestead of each resident of Chatham County who is sixty-two years of age or over and who does not have an income from all sources, including the income from all sources of all members of his family re siding within the homestead, exceeding $10,000; to provide for all matters relative thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

FRIDAY, MARCH 3, 1978

2525

Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"Each resident of Chatham County who is 62 years of age or over and who does not have an annual income from all sources, in cluding the income from all sources of all members of his family residing within the homestead, exceeding $10,000 is hereby granted an exemption, from ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham, in the amount of $12,000 of the assessed value of his homestead. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Chatham County Tax Commissioner on a form provided by the tax commissioner for that purpose which shall state the owner's age, the amount of income he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for the same period, and such other additional information as may be reasonably required by the tax commissioner. The exemption granted by this paragraph shall apply to those properties to which the legal title is vested in one or more title holders, if actually occupied as a residence by one or more such owners who possess the qualifications provided for in this paragraph. Such exemption shall also apply to those home steads to which the title is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein. The exemption provided for by this paragraph 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 ex empt from, ad valorem taxation for educational
( ) NO purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham, $12,000 of the assessed value of the homestead of each resident of Chat ham County who is sixty-two years of age or over and who does not have an income from all sources, including the income from all sources of all members of his family residing within the homestead, exceeding $10,000?"
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.

2526

JOURNAL OF THE SENATE,

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond 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 Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Pearce Reynolds Robinson Scott Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker

Those not voting were Senators:

Banks (excused conferee) Barnes (excused conferee) Duncan (excused conferee)

Hudson (excused conferee) Riley (excused conferee) Russell

Starr Timmons Wessels

On the adoption of the resolution, the yeas were 47, nays 0.

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

HR 673. By Representative Vaughn of the 57th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for the recall of elected officials of Rockdale County and of municipalities within Rockdale County; to provide for petitions; to provide for the con duct of such recall elections; to provide for practices, procedures and requirements in connection with such recall elections; to provide for the filling of vacancies; to provide for other matters relative to the fore-

FRIDAY, MARCH 3, 1978

2527

going; 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 II, Section III of the Constitution is hereby amended by adding at the end of Paragraph II a new paragraph to read as follows:
"Notwithstanding any other provisions of this Constitution, the elected public officials of Rockdale County and of each municipality within Rockdale County shall be subject to recall at any time after their election upon petition in writing. The petition for such recall election shall be signed by not less than 30 percent of the registered voters of the county, or municipality in case of municipal officers, or, if such official is elected from a district or ward, of said dis trict or ward, who are registered to vote on the date the notice required by this paragraph is given to the election superintendent of the political subdivision involved. The persons sponsoring such petition shall be electors of the particular political subdivision concerned and shall address such petition to the election super intendent of the political subdivision involved, petitioning him to call for a special election to submit the question of whether any such elected official shall be recalled. Prior to obtaining any signa tures on any such petition, a blank copy of the proposed petition shall be submitted to the election superintendent of the political subdivision involved with a notice that a petition is to be circulated seeking signatures for a special election for the recall of an elected official. Each petition shall contain sufficient space so that each elector who signs the petition shall enter immediately to the right of his signature his printed name, date and address. Each petition shall contain the affidavit of the person who has obtained the signatures on the petition to the effect that to the best of his knowl edge and belief all of the signatures appearing on the particular petition are valid signatures of electors of the political subdivision concerned. The petition shall be submitted to the election super intendent of the political subdivision involved with the required signatures within 45 days following the date on which the notice of the proposed petition is given to the election superintendent of the political subdivision involved. If such petition is not submitted within the 45-day time limit it shall be void and of no force or ef fect. Upon submission of the petition to the election superintendent of the political subdivision involved it shall be the duty of the elec tion superintendent to determine whether such petition bears the proper percentage of names and to determine the sufficiency of the petition. Such determinations shall be made by the election super intendent within 15 days following the date on which the petition is submitted to the election superintendent. In the event he deter mines that the petition is in order, it shall be the duty of the election superintendent of the political subdivision involved to issue the call for an election and such call shall be issued within 10 days following the date that he determines that the petition is in order. He shall set the date of the election for not less than 30 nor more than 45 days following the issuance of the call. It shall be his further duty to pub-

2528

JOURNAL OP THE SENATE,

lish the date and purpose of such election once a week for two weeks immediately preceding the date thereof in the official organ of the county in which the sheriff's advertisements appear. The bal lots used in such election shall state the name of the officer whose recall has been petitioned, and shall designate the office involved. The ballot shall have written or printed thereon the following:

"( ) YES shall (name of officeholder) , (name of office) ( ) NO be recalled and removed from office?"

Those persons desiring to vote in favor of recall shall vote 'Yes,' and those desiring to vote against recall shall vote 'No.' If a majority of those voting in such election vote in favor of recall, the office in question shall be vacated from the date of such recall election. If a majority of those voting vote against recall the mem ber shall remain in office. It shall be the duty of the election super intendent to hold and conduct the election and to declare and certify the results. It shall be his further duty to certify the results to the Secretary of State. If a petition is denied as not having a sufficient number of signatures or if a majority of those voting in the recall election vote against recall no new petition shall be presented to the election superintendent of the political subdivision involved within one year from the date of the submission of the previous petition. Vacancies created by recall shall be filled in the same manner as other vacancies. Any person who is recalled from office under the provisions of this Section shall be eligible to fill the vacancy created by such recall."

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 the recall of elected officials of Rockdale
( ) NO County and of municipalities within Rockdale 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.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HR 673 by striking from Section 1 the following:

FRIDAY, MARCH 3, 1978

2529

"Article II, Section III of the Constitution is hereby amended by adding at the end of Paragraph II a new paragraph to read as follows:",

and inserting in lieu thereof the following:

"Article I, Section III of the Constitution is hereby amended by adding at the end thereof the following:".

On the adoption of the amendment, the yeas were 47, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker 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 Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Pearce Reynolds Robinson Scott Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker

Those not voting were Senators:

Banks
(excused conferee) Barnes (excused conferee) Duncan (excused conferee)

Hudson (excused conferee) Riley (excused conferee) Russell

Starr Timmons Wessels

On the adoption of the resolution, the yeas were 47, nays 0.

2530

JOURNAL OF THE SENATE,

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

HR 718. By Representative McDonald of the 12th:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the civil jurisdiction of justices of the peace in Jackson 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 VI, Section VII, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:
"Notwithstanding any other provisions of this Constitution to the contrary, justices of the peace in Jackson County shall have jurisdiction in all civil cases arising ex contractu and in all cases of injury or damage to and conversion of personal property when the principal sum does not exceed $1,000.00."
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 in crease the civil jurisdiction of justices of the
( ) NO peace in Jackson County from $200.00 to $1,000.00?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against rati fying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The Senate Committee on County and Urban Affairs offered the following amendments:
Amend HR 718 by striking on line 15 and line 25 on Page 1 the following:
"$1,000.00",

FRIDAY, MARCH 3, 1978

2531

and substituting in lieu thereof the following:

"$500.00".

On the adoption of the amendment, the yeas were 47, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker 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 Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Pearce Reynolds Robinson Scott Shapard Stephens Stumbaugh Summers Button Tate Thompson Traylor Turner Tysinger Walker

Those not voting were Senators:

Banks (excused conferee) Barnes (excused conferee) Duncan (excused conferee)

Hudson (excused conferee) Riley
(excused conferee) Russell

Starr Timmons Wessels

On the adoption of the resolution, the yeas were 47, nays 0.

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

2532

JOURNAL OP THE SENATE,

HR 722. By Representatives Tolbert and Butler of the 56th, Richardson of the 52nd and others:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide re quirements relative to setting the ad valorem tax millage rates for educational and county government purposes by the Board of Education and Board of Commissioners of DeKalb County; 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 IX, Section V, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph:

"Except as hereinafter provided, the ad valorem tax millage tax rates for educational and county government purposes set, respec tively by the Board of Education and Board of Commissioners of DeKalb County for calendar year 1979 shall produce revenues for such year not exceeding the total revenues received, respectively, by each such Board for calendar year 1977 plus 8% of such 1977 total revenues. Thereafter, beginning with calendar year 1980, the Board of Education and the Board of Commissionners of DeKalb County shall each set their respective ad valorem tax millage rate for each calendar year at a rate which will produce total revenues for each such Board not exceeding the total revenues received by each such Board during the immediately preceding calendar year plus 4% of such total revenues received during such preceding cal endar year. If the Board of Education or the Board of Commis sioners desires to set their respective ad valorem tax millage rate higher than the rates authorized above, the action to set such higher rates shall be taken by a majority vote of the full mem bership of the Board of Education or the Board of Commission ers, as the case may be. Prior to the action to set any such tax millage rate higher than the rates authorized above, the Board of Education or the Board of Commissioners shall conduct at least two public hearings within DeKalb County. The Board of Education or the Board of Commissioners shall cause the date, time, place and purpose of each such public hearing to be advertised in a newspaper of general circulation in DeKalb County for at least two consecutive weeks prior to the conduct of each public hearing. The Board of Education or the Board of Commissioners shall also send a press release to other news media serving DeKalb County at least five but not more than ten days prior to the conduct of each public hear ing. Each such press release shall give the date, time, place and purpose of each such public hearing. The provisions of this para graph shall not be construed to increase the maximum ad valorem tax millage rate for educational purposes which may be set by the Board of Education of DeKalb County."

Section 2. The above proposed amendment to the Constitution shall

FRIDAY, MARCH 3, 1978

2533

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 requirements relative to setting the ad
( ) NO valorem tax millage rates for educational and county government purposes by the Board of Education and Board of Commissioners of DeKalb 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.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HR 722 by striking from line 8 of Page 2 the following:
"two",
and inserting in lieu thereof the following: "three".
By adding following the word "County" on line 9 of Page 2 the following:
", one of which shall be held at the county courthouse, one of which shall be held in the northern half of the county and one of which shall be held in the southern half of the county".

On the adoption of the amendment, the yeas were 47, nays 0, and the amend ment was adopted.

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

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

2584

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Ballard Barker 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 Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Pearce Reynolds Robinson Scott
Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker

Those not voting were Senators:

Banks (excused conferee) Barnes (excused conferee) Duncan (excused conferee)

Hudson (excused conferee) Riley (excused conferee) Russell

Starr Timmons Wessells

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted as amended.
HR 727. By Representative Vaughn of the 57th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a Downtown Conyers Development Authority for the purpose of carrying out the redevelopment of the downtown area of the City of Conyers and to pro vide for the powers, privileges, duties and immunities of said Authority and of the City of Conyers in relation to said Authority; 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 IX, Section IV, Paragraph II of the Constitution is amended by adding at the end thereof the following paragraph:

FRIDAY, MARCH 3, 1978

2535

"The General Assembly shall be authorized by law: (a) to pro vide for the creation of the Downtown Conyers Development Author ity, a public body corporate and politic and a political subdivision of the State of Georgia, for the purpose of carrying out the redevelop ment of the downtown area of the City of Conyers; (b) to provide that said Authority shall have the powers, among others, (i) to define and redefine the geographical boundaries of said downtown area, (ii) to acquire, construct, equip, improve, alter, remodel, reno vate, own, repair, maintain, lease, sell and dispose of properties with in said downtown area, (iii) to execute, deliver and perform leases and other contracts with the City of Conyers and other public and private persons in furtherance of the purpose of redeveloping said downtown area, (iv) to execute, deliver and perform trust inden tures and deeds to secure debt and to otherwise secure payment of its obligations, (v) to employ engineers and planners, (vi) to pre pare a master plan for the redevelopment of said downtown area, (vii) to issue, sell and validate revenue bonds and to pledge its rents, revenues and receipts to the payment of the principal and interest on said revenue bonds, and (viii) to have and exercise the right and power of eminent domain in carrying out its public pur pose; (c) to grant to and confer upon said Authority all or any of the powers, privileges, duties and/or immunities now or hereafter granted to and conferred upon municipalities by the Urban Redevel opment Law (Ga. Laws 1955, p. 354, et seq.) and all acts amenda tory thereof; and (d) to empower the governing body of the City of Conyers to create a special urban redevelopment tax district (or districts) within said downtown area of the City of Conyers and to levy and collect taxes within said district (or districts) based on taxable values of tangible real and personal property located within said district (or districts) established with reference to the then current tax digest of the City of Conyers, the proceeds of which taxes may be paid over to said Authority pursuant to the terms of leases or other contracts entered into between said Authority and the City of Conyers, acting in and for said tax district (or districts). The General Assembly shall provide for all matters relating to the membership composition of the Authority, terms of office and related matters, and may grant to and confer upon said Authority and the City of Conyers such additional pow ers, privileges, duties and/or immunities as it shall deem needful in order that the redevelopment of said downtown area might be carried out in an expeditious and thorough manner."

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 au thorize the General Assembly to provide by law
( ) NO for the creation of a Downtown Conyers Develop ment Authority for the purpose of carrying out the redevelopment of the downtown area of the

2536

JOURNAL OF THE SENATE,

City of Conyers, and to provide for the powers, privileges, duties and immunities of said Au thority and of the City of Conyers in relation to said 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 Senate Committee on County and Urban Affairs offered the following amendment:
Amend HR 727 by striking from line 21 of Page 2 the following:
"tangible".

On the adoption of the amendment, the yeas were 47, nays 0, and the amend ment was adopted.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HR 727 by striking from line 21 of Page 2 the following:
"and personal".

On the adoption of the amendment, the yeas were 47, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker 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 Johnson Kennedy Kidd Langford

FRIDAY, MARCH 3, 1978

2537

Lester McGill Overby Paulk
Pearce Reynolds Robinson Scott Shapard Stephens

Stumbaugh Summers Sutton Tate
Thompson Traylor Turner Tysinger Walker

Those not voting were Senators:

Banks (excused conferee) Barnes (excused conferee) Duncan (excused conferee)

Hudson (excused conferee) Riley (excused conferee) Russell

Starr Timmons Wessels

On the adoption of the resolution, the yeas were 47, nays 0.

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

HR 732. By Representative Vaughn of the 57th:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georiagia so as to create the City of Conyers Public Facilities Authority; to provide for the powers, authorities and duties of said Authority; to authorize said Authority to issue its revenue bonds, and to provide for the method and manner of such issuance and for validation thereof; to authorize said Authority to contract with the City of Conyers and with the State of Georgia and any departments, institutions, agencies, munic ipalities, counties or political subdivisions of the State of Georgia, public corporations and others; to authorize the City of Conyers to contract with said Authority for the use by said City or the residents thereof of any facilities or services of said Authority; to authorize the establish ment of such rules and regulations and procedures as are necessary to accomplish the lawful purpose of said Authority; to provide for sub mission of this amendment for ratification or rejection; to repeal con flicting laws and constitutional provisions; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV, Paragraph II of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:

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JOURNAL OF THE SENATE,

"Section 1. City of Conyers Public Facilities Authority. There
is hereby created a public body corporate and politic to be known as
the City of Conyers Public Facilities Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may
contract and be contracted with, sue and be sued (except as limited hereinafter), implead and be impleaded, complain and defend in all
courts of law and equity. The Authority is hereby granted the same exemptions and exclusions from taxation by the State of
Georgia and its political subdivisions and taxing districts as are now or hereafter granted to cities and counties of this State pur suant to the Constitution and laws of this State. The Authority shall be an instrumentality of the State of Georgia and the scope of its operation shall be limited to the territory embraced within the corporate limits of the City of Conyers, Georgia, as the same now or may hereafter exist.

Section 2. Purpose. Without limiting the generality of any of the provisions hereof the general purpose of the Authority is de clared to be that of acquiring, constructing, adding to, extending, improving, equipping, maintaining, and/or operating public proj ects, fire stations, police stations, and other public buildings and
facilities, public parking lots, garages and other public parking structures and any and all other public facilities useful, convenient, or desirable in connection therewith, including without limitation, any public facilities which the City of Conyers might be empowered to acquire, construct, own, maintain and/or operate from time to time, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such public facilities, including real property, and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation thereof.

Section 3. Membership. The Authority shall consist of five (5) members who shall be residents of the City of Conyers. The Mayor of the City of Conyers shall be a member of the Authority. The remaining four (4) members of the Authority shall be ap pointed by the Mayor of the City of Conyers, and approved by the City Council of the City of Conyers, to serve for a term of one (1) year from the date of such approval and until their suc cessors shall have been appointed and approved. Of said four (4) remaining members of the Authority, not more than two (2) of them shall be individuals who are members of the City Council of the City of Conyers. The term of office of a member of the Authority who at the time of his appointment and approval is also a member of the City Council of the City of Conyers shall terminate when his term of office as a member of such council expires or
otherwise terminates.

Any appointed member of the Authority may be reappointed as a member of the Authority. Immediately after such appoint ments or reappointments, the members of the Authority shall enter upon their duties. Any vacancy on the Authority with respect to

FRIDAY, MARCH 3, 1978

2639

an appointed member shall likewise be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy and the person so ap pointed shall serve for the remainder of the unexpired term. The Authority shall elect one of its members as Chairman and another member as Vice-Chairman and it shall also elect a Secretary and Treasurer, who does not necessarily have to be a member of the Authority and if not a member he or she shall have no voting rights. Three members of the Authority shall constitute a quorum.
No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Author
ity. The members of the Authority may be compensated as deter mined from time to time by the governing body of the City of Conyers; however, it is expressly provided that they shall be re imbursed for all actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence.

Section 4. Definitions. As used herein the following words and terms shall have the following meanings:

(a) The word 'Authority' shall mean the City of Conyers Pub lic Facilities Authority created in Section 1 hereof.

(b) The word 'Projects' or 'Project' shall be deemed to mean and include the acquisition, construction, equipping, extension, im provement, maintenance and/or operation of any public project, fire station, police station, public building or other public facility, public parking lot, garage, or other public parking structure or similar public undertaking and any and all other public facilities useful, convenient or desirable in connection with such undertak ings including, without limitation, any public facilities which the City of Conyers might be empowered to acquire, construct, own, maintain and/or operate from time to time, and the acquisition of the necessary property therefor, both real and personal, and the lease and sale of any part or all of such public facilities, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such undertakings, deemed by the Authority to be necessary, convenient or desirable.

(c) The term 'cost of the Project' shall embrace the cost of acquisition and construction, the cost of all lands, properties, rights, easements and franchises acquired and the cost of all conveyances of the Authority's title thereto and leases thereof, the cost of all machinery and equipment, financing charges, interest on its rev enue bonds accruing prior to and during acquisition and construc tion, and for one year after completion of acquisition and con struction, cost of engineering, architectural, fiscal, accounting and legal expenses, and of plans and specifications, and other expenses
necessary or incident to determining the feasibility or practicability of the Project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the acquisition and construction of any Project and the placing of the same in operation. Any obligation or expense incurred for any

2540

JOURNAL OF THE SENATE,

of the foregoing purposes shall be regarded as a part of the cost of the Project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions hereof for such project.

(d) The terms 'revenue bonds', 'bonds' and 'obligations' as used herein, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. Laws 1957, pp. 36, et seq.), as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any present or future amendments thereto and, in addition, shall also mean obligations of the Authority, the issuance of which are specifically provided for herein.

(e) Any Project shall be deemed 'self-liquidating' if, in the judgment of the Authority, the anticipated revenues to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the cost of operating, maintaining, repairing, renewing and replacing the Project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such Project.

Section 5. Powers. The Authority shall have powers:

(a) To have a seal and alter the same at pleasure;
(b) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes;

(c) To acquire by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with re spect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority; and if the Authority shall deem it expedient to acquire and/or construct any Project on any lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State, title to such lands to the Authority upon payment to the State of Georgia for the credit of the general fund of the State of an amount of money equal to the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the Chairman of the Authority; and if the Authority shall deem it expedient to construct any Project on any lands the title to which shall then be in the City of Conyers, the governing authority of said City is hereby authorized to convey title to such lands to the Authority upon payment to the credit of the general funds of said City an amount of money equal to the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority of said City and the Chairman of the Authority;

FRIDAY, MARCH 3, 1978

2541

(d) To appoint, select and employ officers, agents and em ployees, including engineering, architectural and construction ex perts, fiscal agents, accountants, and attorneys, and fix their respective compensations;

(e) To enter into contracts and leases, and to execute all in struments necessary or convenient, including contracts for the acquisition and construction of Projects and leases of Projects and contracts with respect to the use of Projects which it causes to be acquired or constructed, and to dispose by conveyance of its title in and to real and personal property of every kind and character, and any and all persons, firms and corporations, the State and any and all political subdivisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable and without limiting the gener ality of the above, authority is specifically granted to the Author ity to enter into contracts, leases and sublease agreements, with the State of Georgia, or any agencies or departments thereof rela tive to Projects, areas and facilities and relative to any property, which the State of Georgia or such department or agency has now, or may hereafter obtain, by lease from the United States Govern ment or any agency or department thereof, and the Authority is specifically authorized to convey title in and to any and all of its lands and any improvements thereon to any persons, firms, corpora tions, municipalities, the State of Georgia or the United States Government, or any agency or department thereof, subject to the rights and interests of the holders of any of the bonds or obliga tions authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided herein. The City of Conyers is authorized to levy taxes, without limitation as to rate or amount,
and to expend tax monies of the City and any other available funds and to obligate said City to make payment thereof to the Authority upon such terms as may be provided in any contract, lease or agree ment entered into by and between the Authority and the City of Conyers, in order to enable the Authority to pay the principal of and interest on any of its bonds as the same mature and to create and maintain a debt service reserve for that purpose and also to enable the Authority to pay the cost of maintaining, repairing, operating, renewing and replacing the property or facilities so furnished by the Authority;

(f) To construct, erect, acquire, own, repair, remodel, main tain, add to, extend, improve, equip, operate and/or manage Proj ects, the cost of any such Project to be paid in whole or in part from the proceeds of revenue bonds and/or other funds available
to the Authority;

(g) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality
may impose;

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JOTTRNAL OP THE SENATE,

(h) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instru mentality or political subdivision may impose;

(i) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds
pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;

(j) To exercise any power usually possessed by private cor porations performing similar functions, which is not in conflict with the Constitution and/or laws of the State of Georgia;

(k) The Authority and any trustee acting under any trust in denture delivered in connection with the issuance of bonds, are specifically authorized, from time to time, to sell, lease, grant, ex change or otherwise dispose of any surplus property, both real and personal, or interest therein, not required in the normal operation of and usable in the furtherance of the purposes for which the Authority was created, except as such right and power may be limited as provided herein;

(1) To borrow money for any of its corporate purposes from any bank, banks or other lending institutions for a period of time not to exceed forty (40) years and to execute evidences of such indebtedness and to secure the same by assigning all rights to and pledging all funds to be received by the Authority from a lease or leases entered into by the Authority as the lessor and City of Conyers as the lessee; and

(m) To do all things necessary or convenient to carry out the powers expressly granted herein.

Section 6. Revenue Bonds. The Authority, or any public author ity or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost of any one or more Projects (as herein defined). The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law as now or hereafter amended. Interest shall be payable semiannually or an nually, principal shall mature at such time or times not exceeding forty (40) years from the date or dates of such bonds, shall be payable as to both principal and interest in lawful monies of the United States of America, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority

FRIDAY, MARCH 3, 1978

2543

in the resolution providing for the issuance of the bonds. Such revenue bonds shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. Laws 1957, pp. 36, et seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761, et seq.), as amended, and all proce dures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any present or future amendments thereto.

Section 7. Same; Form; Denomination; Registration; Place of Payment. The Authority shall determine the form of the bonds, in cluding any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State of Georgia. The bonds may be issued in coupon or registered form, or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to the principal alone and also as to both the principal and interest.

Section 8. Same; Signatures; Seal. All such bonds shall be ex ecuted by the manual or facsimile signature of the Chairman or the Vice-Chairman of the Authority and attested by the manual or fac simile signature of the Secretary and Treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman or Vice-Chairman and the Secretary and Treasurer of the Authority. At least one of the signatures appearing on each bond shall be a manual signature. Any coupon may bear the signatures of such persons and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized and shall hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bond or on any coupon shall cease to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all pur poses the same as if he or she had remained in office until such delivery.

Section 9. Same; Negotiability; Exemption From Taxation. All revenue bonds issued under the provisions hereof shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under laws of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the interest payable thereon shall be exempt from all taxation within the State of Georgia.

Section 10. Same; Sale; Proceeds. The Authority may sell such bonds in such manner and for such price as it may determine to be in the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purposes provided in the proceedings authorizing the issuance of such bonds.

2544

JOUENAL OF THE SENATE,

Section 11. Same; Interim Receipts and Certificates or Tem porary Bonds. Prior to the preparation of definitive bonds, the Au thority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchange able for definitive bonds upon the issuance of the latter.

Section 12. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bond or any coupon which shall become mutilated or be destroyed or lost.

Section 13. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required hereby. Any resolution, providing for the issuance of revenue bonds under the provisions hereof, shall become effective immediately upon its pas sage and need not be published or posted, and any such resolution may be passed at any regular, special or adjourned meeting of the Authority by a majority of its members present at such meeting.

Section 14. Credit Not Pledged. Revenue bonds issued hereunder shall not be deemed to constitute a debt of the City of Conyers, nor a pledge of the faith and credit of said City, but such bonds shall be payable solely from the funds hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or con tingently obligate said City to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering sub stantially the foregoing provisions of this sentence.

Section 15. Trust Indenture as Security. In the discretion of the Authority, any issue of revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State of Georgia. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution providing for the is suance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in viola tion of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the Project, the maintenance, operation, repair and insurance of the Project, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any Project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or desig nated by the Authority, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish

FRIDAY, MARCH 3, 1978

2545

such indemnifying bonds or pledge such securities as may be re quired by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addi tion to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out any such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the Project affected by such indenture.
Section 16. To Whom Proceeds of Bonds Shall Be Paid. The Authority shall, in the resolution providing for the issuance of reve nue bonds or in such trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolution or trust indenture may provide.
Section 17. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular Project or Projects, regardless of whether or not such fees, earnings and revenues were produced by a particular Project for which bonds have been issued and any monies derived from the sale of any properties, both real and per sonal, of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal of and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust in strument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest becomes due, (2) the principal of the bonds as the same becomes due, (3) any premium upon bonds acquired by redemp tion, payment or otherwise, (4) the necessary charges of the paying agent or agents for paying principal and interest, and (5) any in vestment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without dis tinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture any surplus monies in the sinking fund may be ap plied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not be reissued, printed and delivered.

Section 18. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions hereof or any of the coupons ap-

2546

JOURNAL OF THE SENATE,

pertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel perfor mance of all duties required hereby or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

Section 19. Refunding Bonds. The Authority is authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of refunding any revenue bonds issued under the pro visions hereof and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions hereof insofar as the same may be applicable.

Section 20. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions hereof or any suit or action against such Authority shall be brought in the Superior Court of Rockdale County, Georgia, and any action pertaining to validation of any bonds issued under the provisions hereof shall likewise be brought in said court which shall have exclusive, original jurisdic tion of such actions.

Section 21. Validation. Bonds of the Authority shall be con firmed and validated in accordance with the procedure of the Reve nue Bond Law, as now or hereafter amended. The petition for valida tion shall also make party defendant to such action any municipality, county, authority, political subdivision or instrumentality of the State of Georgia or the United States Government or any depart ment or agency of the United States Government, if subject to being sued and if consenting to same, which has contracted with the Au thority for the services and facilities of any Project for which bonds are to be issued and sought to be validated and such municipality, county, authority, political subdivision or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the Court and the validity of the terms thereof be determined and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bond* and the security for the payment thereof and interest thereon and against the Authority issuing the same and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceed ings, contracting with the Authority.

FRIDAY, MARCH 3, 1978

2547

Section 22. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of the Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions hereof shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

Section 23. Moneys Received Considered Trust Funds. All moneys received pursuant to the provisions hereof, whether as pro ceeds from the sale of revenue bonds, as grants or other contri butions or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided herein and in the resolution providing for the issuance of such bonds or such trust indenture.

Section 24. Rates, Charges and Revenues; Use. The Authority is authorized to prescribe and revise from time to time rates, fees, tolls and charges, and to collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its land or facilities, and to determine the price and terms at and under which its lands or facilities may be sold and in anticipation of the collection of the revenues and income of such undertakings or Projects, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereafter made or the sale of any of its lands and facilities.

Section 25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regula tions for the operation of the Project or Projects constructed under the provisions hereof, including the basis on which Projects shall be furnished.

Section 26. Governmental Function. It is hereby declared that the Authority is created for a public purpose and will be performing an essential governmental function in the exercise of the powers conferred upon it hereunder.

Section 27. Immunity From Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia, and the officers, agents and em ployees of the Authority, when in the performance of the work of the Authority, shall have the same immunity and exemption from

2548

JOURNAL OP THE SENATE,

liability for torts and negligence as the officers, agents and em ployees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any con tractual obligations of the Authority.

Section 28. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwithstanding any other provision of the Constitution to the con trary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes.

Section 29. Powers Declared Supplemental and Additional. The foregoing provisions hereof shall be deemed to provide an additional and alternative method for the doing of the things authorized there by and shall be regarded as supplemental and additional to powers conferred elsewhere in the Constitution or by other laws, and shall not be regarded as in derogation of any powers now existing.

Section 30. Effect of Partial Invalidity Hereof. Should any sentence, clause, phrase, or part hereof be declared for any reason to be unconstitutional or invalid, the same shall not affect the re mainder hereof or any part hereof, other than the part so held to be unconstitutional or invalid, but the remaining provisions hereof shall remain in full force and effect, and it is the express intention of this amendment to enact each provision of this amendment in dependently of any other provision hereof.

Section 31. Audit. At the conclusion of each fiscal year of the Authority, the financial affairs of the Authority shall be audited by an independent certified public accounting firm. The City Council of the City of Conyers shall select the firm which shall conduct the audit.

Section 32. Repeal. This amendment does not in any way take from the City of Conyers the authority to acquire, construct, equip, own, develop, operate and maintain projects, or to issue revenue bonds as is provided by the Revenue Bond Law of Georgia (Ga. Laws 1957, pp. 36, et seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761, et seq.), as amended.

Section 33. Activation of Authority. The Authority shall be deemed to be created upon the effectiveness of this amendment. However, the Authority shall not be deemed to be activated and thereby fully empowered to pursue its public purposes as specified herein until such time as the governing authority of the City of Conyers shall, by appropriate resolution, declare the need for the Authority to be activated and to operate within the City of Conyers.

Section 34. General Assembly. This amendment is self-enacting and does not require any enabling legislation by the General As sembly of the State of Georgia for it to become effective. However,

FRIDAY, MARCH 3, 1978

2549

the General Assembly may, by law, further regulate the manage ment and conduct of the Authority not inconsistent with any other provisions of this Constitution. More specifically, the General As sembly may, by general or local legislation, alter or change the structure, organization, programs, or activities of the Authority, and may terminate the Authority, subject to the limitation that contracts of the Authority then in existence may not be impaired in violation of those provisions of the Constitution of the United States of America and of the Constitution of the State of Georgia prohibiting the same.
Section 35. Repealer. All laws and parts of laws and constitu tional provisions and parts thereof in conflict with this amendment are hereby repealed."
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 cre ate the City of Conyers Public Facilities Author-
( ) NO ity, to provide for the powers, authorities and duties of such Authority, to authorize such Au thority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof, to authorize the Au thority to contract with the City of Conyers and other public bodies, and to authorize the City of Conyers to contract with the Authority for the use by said City or its residents of any fa cilities or services of the 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 Barker

Bell Bond Brantley

Broun of 46th Brown of 47th Carter

2550
Coverdell Dean of 6th Dean of 31st Doss Eldridge English Evans Fincher Foster Gillis Greene Hill Holloway

JOURNAL OF THE SENATE,

Howard Hudgins Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Robinson

Scott Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker

Those not voting were Senators :

Banks (excused conferee) Barnes (excused conferee)

Duncan (excused
conferee) Hudson (excused conferee) Riley (excused conferee)

Russell Starr Timmons Wessels

On the adoption of the resolution, the yeas were 47, nays 0.

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

The President announced that the Senate would stand in recess from 12:30 o'clock P.M. until 1:30 o'clock P.M.

At 1:30 o'clock P.M., the President called the Senate to order.
Senator Ballard of the 45th moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow.
On the motion, 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:

Ballard Bell Brantley Carter Coverdell Dean of 6th Eldridge English

Foster Gillis Greene Holloway Hudson Kennedy Paulk Riley

Robinson Scott Starr Stephens Sutton Thompson Timmons Walker

FRIDAY, MARCH 3, 1978

2551

Those voting in the negative were Senators:

Allgood Banks Barker Barnes Bond Broun of 46th Brown of 47th Dean of 31st Doss

Duncan Hill Howard Johnson Kidd Langford Lester McGill Overby

Reynolds Shapard Stumbaugh Summers Traylor Turner Tysinger Wessels

Those not voting were Senators:

Evans Fincher

Hudgins Pearce

Russell Tate

On the motion, the yeas were 24, nays 26; the motion was lost, and the Senate did not adjourn.

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 277. By Representative Adams of the 36th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb creating a new Charter for such city and for other purposes, as amended, so as to change the provisions relating to qualifications of Council members, the President of the Council and the Mayor.

HB 1891. By Representatives Carlisle and Mostiler of the 71st:
A bill to repeal an Act to provide for the reimbursement of expenses of the members of the governing authority of each county in this State having a population of not less than 35,000 nor more than 44,000 according to the U.S. Decennial Census of 1970 or any future such census.

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

HR 733. By Representatives Childs of the 51st, Nichols of the 27th, Bolster of the 30th and others:
A resolution directing the Governor to proclaim the month of May,

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1978, as "Solar Month", and to proclaim May 3, 1978, as "Sun Day"; to call for the observance of said month and day; to direct certain cooperation and participation.

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

SB 565. By Senator Robinson of the 27th:
A bill to amend an Act providing for the regulation of professional soil classifying and creating the State Board of Registration for Pro fessional Soil Classifiers, so as to establish a termination date for the State of Registration for Professional Soil Classifiers and the date on which the aforesaid Act shall stand repealed.

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; to repeal conflicting laws.

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

SB 408. By Senators Evans of the 37th, English of the 21st, Allgood of the 22nd and others:
A bill to prohibit sexual exploitation of children; to provide definitions; to provide that it is unlawful for any persons to take certain actions related to procuring for use or using certain minors for the purpose of depicting sexually explicit conduct in any visual or print medium; to provide that it is unlawful for the parent or person having custody of a child to take certain actions respecting sexual exploitation of the child; to provide penalties.

SB 604. By Senators Robinson of the 27th, Russell of the 10th, Evans of the 37th and others:
A bill to authorize and direct the State Revenue Commissioner to issue special motor vehicle license tags to certain members of the Reserve Components of the United States; to provide the procedures connected therewith; to provide an effective date.

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

SB 622. By Senator Howard of the 42nd: A bill to amend an Act known as the "Revenue Bond Law," as amended,

FRIDAY, MARCH 3, 1978

2553

so as to change the provisions relating to the entry on bonds of a statement as to the validation of said bonds by judgment of a superior court.

SB 519. By Senator Lester of the 23rd:
A bill to amend Code Section 23-1704, relating to bonds required of contractors contracting with counties, as amended, so as to change the bond requirement.

SB 422. By Senators Kidd of the 25th, Brown of the 47th and Riley of the 1st:
A bill to amend Code Section 88-1911, relating to the refusal or re vocation of staff privileges in public hospitals, so as to change the time limitation within which applications for permission to treat pa tients in such hospitals shall be acted upon; to provide an effective date.

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

HB 1384. 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 on full benefits. Referred to Committee on County and Urban Affairs.

HB 1437. By Representative Greer of the 43rd:
A bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County so as to change the requirements for receiving a spouse's pension under said Act. Referred to Committee on County and Urban Affairs.

HB 2077. By Representatives Hutchinson of the 133rd, Hatcher of the 131st, White of the 132nd and McCollum of the 134th:
A bill to amend the Charter of the City of Albany, so as to add to the corporate limits of the City of Albany. Referred to Committee on County and Urban Affairs.

HR 40. By Representative Greer of the 43rd:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Fulton County to provide, from time to time, for the increase in retirement or pension benefits of per sons who have retired or who may hereafter retire pursuant to any retirement system, annuity and benefit fund, pension system or any

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similar system heretofore or hereafter created by or pursuant to law which is wholly or partially supported by the funds of Fulton County. Referred to Committee on County and Urban Affairs.

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

HB 1638. 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 "Georgia Records Act" so as to provide a means for local governments to establish records, management programs and retention schedules; to provide a means for courts to establish retention schedules.
Senate Sponsor: Senator Langford of the 51st.

The Senate Committee on Judiciary offered the following substitute to HB 1638:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Records Act," approved March 7, 1972 (Ga. Laws 1972, p. 1267), as amended, so as to provide for definitions; to provide a means for local governments to establish records, management programs and retention schedules; to provide a means for courts to establish retention schedules; to grant to the State Records Committee the authority to receive and approve retention schedules submitted by local governments and courts; to clarify the duties of State agencies in writing retention schedules; 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 known as the "Georgia Records Act," approved March 7, 1972 (Ga. Laws 1972, p. 1267), as amended, is hereby amended by striking Section 3, which reads as follows:
"Section 3. There is hereby created the State Records Com mittee, to be composed of the Governor, the Secretary of State, the Attorney General and the State Auditor, or their designated representatives. It shall be the duty of the committee to review, approve, disapprove, amend or modify retention schedules sub mitted by agency heads through the Department for the disposi tion of records based on administrative, legal, fiscal or historical values. Such retention schedules, once approved, shall be authorita tive, directive and have the force and effect of law. A retention schedule may be determined by three members of the committee. Retention schedules may be amended by the committee on change of program mission or legislative changes affecting the records. The Secretary of State shall serve as chairman of the committee

FRIDAY, MARCH 3, 1978

2555

and shall schedule meetings of the committee as required. Three members shall constitute a quorum. Each agency head has the right of appeal to the committee for actions taken under this Sec tion."

and inserting in lieu thereof the following:

"Section 3. (a) There is hereby created the State Records Committee, to be composed of the Governor, the Secretary of State, the Attorney General and the State Auditor, or their designated representatives. It shall be the duty of the committee to review, approve, disapprove, amend or modify retention schedules sub mitted by agency heads, school boards, county governments and municipal governments through the Department for the disposition of records based on administrative, legal, fiscal or historical values. Such retention schedules, once approved, shall be authoritative, di rective and have the force and effect of law. A retention schedule may be determined by three members of the committee. Retention schedules may be amended by the committee on change of program mission or legislative changes affecting the records. The Secretary of State shall serve as chairman of the committee and shall schedule meetings of the committee as required. Three members shall constitute a quorum. Each agency head has the right of appeal to the committee for actions taken under this Section.

(b) The Supreme Court may, by rule of the court, provide for retention schedules for court records. The State Records Committee may recommend retention schedules for court records to the Supreme Court. The destruction of court records by retention schedule shall not be construed as affecting the status of that court as a court of record."

Section 2. Said Act is further amended by striking from the first sentence of subsection (e) of Section 5 of said Act the following:

"disposition standard",

and inserting in lieu thereof the following: "retention schedule",

and by striking from said sentence the following: "standards",

and inserting in lieu thereof the following:
"schedules",
so that when so amended subsection (e) of Section 5 shall read as follows:

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"(e) Submit to the Department, in accordance with the rules and regulations of the Department, a recommended retention schedule for each record series in its custody, except that for com mon-type files may be established by the Department. No records will be scheduled for permanent retention in an office. No records will be scheduled for retention any longer than is absolutely necessary in the performance of required functions. Records re quiring retention for several years will be transferred to the records center for low-cost storage at the earliest possible date following creation."
Section 3. Said Act is further amended by striking Section 11, which reads as follows:
"Section 11. Local governments are hereby authorized by appropriate resolution or ordinance of the governing authority to adopt and utilize the State rules and regulations as a basis for establishing a records management program. Any court in this State is hereby authorized to adopt and utilize the State rules and regulations as a basis for the conduct of a records management program. No records in the custody of any court in this State shall be aliened or destroyed except in accordance with the provisions of this Act.",
and inserting in lieu thereof the following:
"Section 11. (a) County and municipal governments and school boards may:
(1) adopt and utilize State rules and regulations as a basis for establishing a records management program; or
(2) submit to the State Records Committee proposed retention schedules for their approval. Once approved these schedules have the same force and effect as if they were approved for an agency of State government."

Section 4. Such Act is further amended by adding a new para graph to Section 2 to read:

"(j) 'Court Record' means all documents, papers, letters, maps, books (except books formally organized in libraries), micro film, magnetic tape, or other material regardless of physical form or characteristics made or received pursuant to law or ordinance or in the necessary performance of any judicial function created or received by an official of the Supreme Court, Court of Appeals, and any Superior, State, Juvenile, Probate, County or Justice of the Peace Court, and includes records of the offices of the judge, clerk, prosecuting attorney, public defender, court reporter, or any employee of the court."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

FRIDAY, MARCH 3, 1978

2557

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the 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 Foster Gjllis Greene Holloway Howard Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds Robinson

Those not voting were Senators:

Duncan (excused conferee) Evans Fincher Hill

Hudgins Hudson (excused conferee) Pearce

Scott Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Turner Tysinger Walked Wessels
Riley (excused conferee) Russell Traylor

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

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

HB 1661. By Representatives Baugh of the 108th, Parham of the 109th, Marcus of the 26th and others:
A bill to amend Code Section 84-907, relating to license to practice medicine, so as to change the date on which the clinical training program developed by the Medical College of Georgia may be discontinued; to provide an effective date. 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:

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 Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Those not voting were Senators:

Allgood (excused conferee) Bond Pincher

Hill Hudgins Pearce Riley (excused conferee)

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

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

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

HB 256. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend the "Georgia Criminal Justice Act", as amended, so as to provide for the appropriation and distribution of State funds; to provide for appointment of local public defender attorneys. Senate Sponsor: Senator Howard of the 42nd.

The Senate Committee on Judiciary offered the following substitute to HB 256:
A BILL
To be entitled an Act to create the Georgia Criminal Justice Defense Council and Local Tripartite Governing Committees; to provide for a

FRIDAY, MARCH 3, 1978

2559

short title; to provide for membership of the Council and local committees, their qualifications, appointment, terms of office, succession, method of filling vacancies, meetings, officers, terms, rules for the transaction of business, compensation and expenses, duties, powers, purpose, au thority, and responsibilities; to provide for representation by counsel of eligible persons accused of a crime; to provide for the establishment of uniform guidelines; to provide for technical assistance and support services; to provide for funding of local programs; to provide for use of attorneys in private practice; to provide local defense services; to provide for budgets and reports; to provide for rules and regulations; to provide for eligibility guidelines; to provide for representation; to provide for recovery from defendants; to provide for funding and
appropriation of funds from State, local and other sources; to provide for a procedure for direct funding of local programs and alternatives; to provide for appointment of other attorneys; to provide for continua tion of existing local programs; to provide for use of certain State and local evaluation facilities; to provide for use of certain private facilities; to provide for employment of personnel and facilities; to provide for contracts; to provide for office space, equipment, supplies and other items of expense; to provide for compensation of private attorneys; to provide for expenses and costs; to provide for records and reports; to provide representation in State and federal courts; to provide that protections are not exclusive; to provide for severability; to provide for specific repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Short Title. This Act shall be known as the "Georgia Criminal Justice Defense Act".

Section 2. Declaration of Policy. It is hereby declared to be the policy of the State of Georgia to provide for the constitutional guarantees of counsel and equal access to the courts for all its citizens in criminal cases. It is recognized that the Constitution of the State of Georgia and the Constitution of the United States require the State of Georgia to provide counsel to those persons accused of crime who, by reason of their poverty, are unable to retain private counsel in all felony cases, and in those prosecutions for misdemeanors, lesser offenses and juvenile proceedings where the State wishes to preserve incarceration as a sentencing alternative in the event of a conviction. By adopting this policy, the State will provide its citizens full protection of the law and avoid costly and time-consuming litigation for the vindication of the right to counsel which would be an unnecessary burden to the State and the citizens involved. Accordingly, an effective system of providing competent counsel in criminal cases benefits the State of Georgia and all its citizens.

Section 3. Georgia Criminal Justice Defense Counsel; Creation, (a) There is hereby created as a separate agency within the judicial branch of State government the Georgia Criminal Justice Defense Council.

(b) The Council shall be composed of ten (10) members. One mem ber shall be chosen by the Governor from each of the ten Judicial Administration Districts. These ten members shall be attorneys who

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have an evidenced interest in the administration of justice. No person shall be eligible for membership on the Council while serving as a judge, district attorney, prosecuting attorney or public defender.

(c) The members appointed by the Governor from the first, third, fifth, seventh and ninth Judicial Administration Districts shall be ap pointed for an initial term of two years, and the members from the second, fourth, sixth, eighth and tenth Judicial Administration Districts shall be appointed for an initial term of four years each and until their respective successors are duly appointed and qualified. The initial members of the Council shall take office within thirty days of the effective date of this Act and shall serve until the first day of July of the year their terms of office expire. The succeeding members of the Council shall begin their terms of office on the first day of July of the year in which they are appointed. No person shall be eligible to succeed himself for a consecutive four-year term as a member of the Council.
(d) In the event a vacancy occurs on the Council, the Governor shall appoint a person with the qualifications of the member whose position has become vacant to serve for the remainder of the unexpired term. The person appointed to fill such vacancy shall take office im mediately upon appointment.

(e) The Council shall meet at least quarterly, and at such other times and places as it shall deem necessary or convenient to perform its duties. The Council shall annually elect a chairman and such other officers as it shall deem necessary and shall adopt such rules for the transaction of its business as it shall desire. The members of the Council shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the Council.

Section 4. Local Tripartite Governing Committees; Authorized, (a) Any plan submitted to the Council for direct funding shall be proposed by a tripartite local governing committee. The committee shall be composed of at least one representative of the county governing authorities affected by the plan, that representative being appointed by the county commission chairman; (or Chairmen where more than one county is involved), at least one representative of the Superior Court selected by the Chief Judge of the Judicial Circuit affected by the plan; and at least one representative selected by the president of the local bar (or circuit bar where an entire circuit is affected or there is no local bar association) of each affected county. The designated representatives shall not be judges, prosecutors or public defenders. A committee may be composed of three or more members, but the court, the local governing authority and the local bar shall have an equal number of representatives. If no local bar association exists, the Presi dent of the State Bar of Georgia shall appoint a local attorney to the committee.

(b) The committee member or members in each jurisdiction ap pointed by the Superior Court of the local jurisdiction shall be appointed for an initial term of one year, and the committee member or members appointed by the president of the local bar association shall be appointed

FRIDAY, MARCH 3, 1978

2561

for an initial term of two years. The member or members in each jurisdiction appointed by the county commission shall be appointed for an initial term of three years. Following the initial terms of office, all members shall be appointed for terms of office of three years each and until their respective successors are duly appointed and qualified. The initial members of the respective committees shall take office within thirty (30) days of the effective date of their appointments and shall serve until their respective terms of office expire. No person shall be eligible to succeed himself for a three-year term as a member of a committee.

(c) It shall be the duty of each committee to propose a plan which will provide for indigent defense in the local county or circuit and sub mit this plan to the Georgia Criminal Justice Defense Council for fund ing. It shall further be the duty of each committee to implement and manage the local program within guidelines established by the Georgia Criminal Justice Defense Council as provided herein.

(d) Each committee shall meet at least semi-annually, and at such other times and places as it shall deem necessary or convenient to per form its duties. Each committee shall annually elect a chairman and such other officers as it shall deem necessary and shall adopt such rules for transaction of its business as it shall desire. The members of the committee shall receive no compensation for their services but shall be reimbursed for their actual expense incurred in the performance of their duties as members of a committee.

(e) Purposes of the local tripartite governing committee.

The local tripartite committee shall perform the following func
tions: (1) devise a local county, circuit or multi-circuit indigent de fense plan which meets the guidelines of the Georgia Criminal Justice
Defense Council; (2) the local committee should insure that the local indigent defense plan addresses and assures the following: Independence
of counsel, reasonable early entry by defense counsel into the case, that provisions are made to determine whether or not persons seeking
assistance are eligible to receive such assistance as indigents, and that counsel engaged in representing indigent defendants be competent in
the practice of criminal law. In addition, the local indigent defense committee shall determine the rate of compensation to be paid for
indigent defense services within guidelines established by the Georgia Criminal Justice Defense Council.

Section 5. Purposes. The Georgia Criminal Justice Defense Council shall have the following purposes: (a) To provide, in criminal cases, for representation by counsel, including appeals of right in State courts, and for services and facilities in such criminal proceedings to those persons who, by reason of their poverty, are unable to retain private counsel;

(b) To establish uniform guidelines consistent with the provision of this Act to assure the effective assistance of defense counsel;

(c) To provide for technical and research assistance, planning,

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clinical and demonstration programs, training, support and other services to fulfill the purposes of this Act;

(d) To fund directly county, multi-county, circuit or multi-circuit programs consistent with the provisions of this Act;

(e) To utilize to the maximum extent feasible the services of at torneys engaged in the private practice of law within a judicial circuit, both as defense counsel and as members of local governing boards and advisory committees;

(f) to provide, to the extent available resources permit, programs for defense services where local programs have not been established and funded;

(g) To prepare budgets, reports and other information required by this Act;

(h) To provide for rules and regulations and other matters relative to the foregoing and to fulfill the purposes of this Act.

Section 6. Review by the Supreme Court of Guidelines. Guidelines developed by the Georgia Criminal Justice Defense Council shall be submitted to the Supreme Court of Georgia for review and approval prior to being promulgated. Any changes to the guidelines made by the Council subsequent to initial approval by the Supreme Court must also be submitted to the Supreme Court prior to being promulgated.

Section 7. Determination of Eligibility. The Council shall estab lish uniform eligibility guidelines to be applied in determining eligibility for services under this Act. In establishing such guidelines, the Council shall consider such factors as income, property owned, expenses, out standing obligations, and the number and age of dependents. Release on bail shall not necessarily preclude a person from being eligible, nor shall it be necessary that a person be destitute or a pauper to be eligible. The proposed eligibility guidelines shall be submitted to the Supreme Court of Georgia by the Council for review and approval by the Court. Such eligibility standards shall not preclude the trial court from appointing counsel in any case before the court where justice or the law requires assistance of counsel.

Section 8. Recovery from Defendant. The State or county may recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit under this Act:
(1) to which he was not entitled;

(2) with respect to which he was not financially eligible when he received it;

(3) with respect to a person who, on the date on which suit is brought, is financially able to reimburse the State or county but refuses to do so; or

FRIDAY, MARCH 3, 1978

2563

(4) with respect to which the court concerned ordered him to provide partial or full reimbursement for representation or other costs.

Suit must be brought within four years after the date on which the benefit was received. Any compensation paid to the attorney shall be prima facie evidence of the value of such services rendered. The court concerned may enter such an order, which shall be a part of the official record of the proceedings.

Section 9. Funding, (a) The Council shall prepare and submit budget estimates of State appropriations necessary for fulfilling the purposes of this Act. The Council is also authorized to seek, apply for, solicit and receive funds from any source, public or private, if available. At least ninety (90%) percent of all State-appropriated funds shall be expended by the Council for participating counties on a equitable basis, based on Judicial Administration District and Judicial circuit population and caseload, for the provision of defense services at the local level.

(b) In the event of funding deficiencies, the amount of awards, grants and similar funding by the State shall be reduced on an equal percentage basis, all areas of the State being reduced by an equal amount.

(c) For each fiscal year the governing authority in each county shall include in its annual budget for the operations of the courts in such county, any additional amounts necessary to finance the costs and expenses for the implementation of this Act. The county governing authorities may accept funds from any source, public or private, for the support of the purposes of this Act.

Section 10. Establishment and Funding of Local Programs, (a) Within 60 days following the effective date of this Act, the Council shall determine the total amount of state, federal and other funds available to implement indigent defense programs on a local level. The Council staff will notify the chairman of every county governing authority (county commission), each superior court judge in each judicial circuit, the president of each county or circuit bar association and the administra tive judge of every Judicial Administration District of the total amount of funding available and details of preparing an application for fund ing.
(b) Within 180 days of the effective date of this Act, each local tripartite governing committee established in Section 5 of this Act shall prepare for submission their plan for indigent defense services in their jurisdictions.

(c) Within 45 days of receipt of a plan for funding, the Council shall approve or disapprove such plan and notify the local committee chairman of their action.

(d) If the Council and a local governing committee are unable to devise an acceptable plan or are otherwise unable to reach an agree ment as to funding the plan as proposed by the local committee, an

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alternative plan proposed by the Council, and the plan devised by the local committee shall be submitted to the Supreme Court for their review. The decision of the court authorizing one of the alternative plans, or a modification thereof, shall be final.

Section 11. Continuation of Existing Local Programs. This Act is
intended to apply only to programs receiving State appropriated funds as provided herein. Nothing in this Act shall preclude a superior court or county governing authority from establishing a local defense program
or continuing a local defense program established prior to the effective date of this Act which utilizes local, private or federal funds available to the county. Under no circumstances shall this Act confer jurisdiction by the Council over any program electing not to participate in state funding provided by this Act.

Section 12. Appointment of Other Attorneys. The court having jurisdiction of a criminal matter, on its own motion or upon the ap plication of attorneys providing services under this Act, or upon the application of the accused person, may appoint counsel in cases in which a conflict of interest exists or for other cause shown where the interest of the accused or justice demands. The court shall award reasonable compensation and reimbursement for expenses necessarily incurred to the attorney, to be paid from county or other funds appropriated there for.
Section 13. Use of State Facilities. An Attorney representing an eligible person under this Act is entitled to have access to and use of the results of services provided by the State, county or municipal evalua tion facilities for the evaluation of evidence on an equal basis with the State or local prosecutor. In situations where the Council determines the use of such facilities impractical, the 'Council from its available funds, or the court from county funds, may authorize the use of private facilities. This section does not authorize the performance of duplicative or cumulative tests at State expense.

Section 14. Personnel and Facilities, (a) The Council may employ such staff, professional, administrative and otherwise, as it deems neces sary to carry out its responsibilities under this Act, and provide com pensation and expenses for said staff from funds appropriated to or otherwise available to the Council.

(b) Whenever appropriate, the Council may contract with any private, public, or other non-profit organizations or private attorneys that are equipped to provide the services covered in this Act, or to carry out any function of the Council, using funds appropriated to or otherwise available to the Council; except that state funds provided the Council may not be used to employ an attorney or attorneys to appear in court in behalf of criminal defendants in any jurisdiction unless the local tripartite committee agrees to such representation, where such a committee exists.

(c) Whenever appropriate, the Council may contract with any county or local unit of government to provide the services or to carry out any function covered in this Act, using funds appropriated to or otherwise available to the Council.

FRIDAY, MARCH 3, 1978

2565

(d) Office space, furniture, equipment, books, postage, supplies, consultant fees, salaries, normal operating costs and overhead, and such other items of expense as are necessary to carry out the purposes of this Act may be paid for from funds appropriated to or otherwise available to the Council.

(e) The Council may determine and pay a reasonable rate of com pensation for the services of private attorneys, as well as the direct ex penses necessary to such representation. Payment or reimbursement shall be made out of funds appropriated to or otherwise available to the Council.
(f) Any reasonable expense, including the cost of a transcript or other substitute for a transcript, that is directly and necessarily incurred under this Act, may be paid from funds appropriated to or otherwise available to the Council.

Section 15. Records and Reports. The Council shall prepare an annual report to the Governor, the General Assembly, and the Supreme Court showing the number of persons represented under this Act, the crimes involved, the number of cases handled, and the total expenditures by kind made in carrying out the responsibilities imposed by this Act. Included in this report shall be the information furnished to the Council by county governing authorities for any persons represented other than by the Council or its attorneys and county expenditures therefor.

Section 16. Representation in State and Federal Courts. State funds provided under this Act shall only be used to provide representation in the courts of this State, except that it does not prohibit a defending attorney from representing an eligible person in a federal court of the United States, if

(a) The matter arises out of or is related to an action pending or recently pending in a court of criminal jurisdiction of this State; or

(b) representation is under an approved plan of the United States District Court as required by the Criminal Justice Act of 1964 (18 U.S.C. 3006A), or as said Act may be amended.

Section 17. Protections Not Exclusive. The protections provided by this Act shall not exclude any protection or sanction that the law otherwise provides for accused persons.

Section 18. Competence To Provide Services To Indigent De fendants. No person may be assigned the primary responsibility of representing an indigent person unless he is authorized to practice law in this State and is otherwise competent to counsel and defend a person charged with a crime. Standards of competence shall be deter mined by the local tripartite committee and enforced by the committee. Guidelines of competence and required training shall be established by the Council. A person authorized to practice legal aid under the Law School Legal Aid Agency Act of 1967 [Sec. 9-401.1] is competent to assist an attorney who is a competent criminal law practitioner licensed in this State; but such a student is not authorized under this Act to

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JOUBNAL OF THE SENATE,

conduct a trial except under the direct supervision of, and in the presence of, a competent licensed attorney assigned primary responsibility for the trial.

Section 19. Definitions. Public Defender--a public defender, as used in this Act, is an attorney employed fulltime on a salary basis to provide indigent defense services exclusively.

Section 20. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged in valid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, 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 21. Special Repealer. The following Acts are hereby repealed in their entirety:

(a) An Act providing for the appointment of an attorney or at torneys to represent indigent defendants in criminal cases involving capital felonies and appeals from convictions thereof, approved January 5, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 478).

(b) An Act known as "The Georgia Criminal Justice Act", ap proved April 8, 1968 (Ga. Laws 1968, p. 999), as amended by an Act approved March 28, 1974 (Ga. Laws 1974, p. 1100).

Section 22. General Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Scott of the 43rd moved the previous question.

On the motion, the yeas were 28, nays 2; the motion prevailed, and the previous question was ordered.

Senator Howard of the 42nd offered the following amendment: Amend the substitute to HB 256 offered by the Senate Committee on
Judiciary by striking from Pages 8 and 9 subsection 9-c in its entirety, and
by striking from Page 11, beginning on line 18, the words, "where such a committee exists".

FRIDAY, MARCH 3, 1978

2567

On the adoption of the amendment offered by Senator Howard of the 42nd to the committee substitute, the yeas were 39, nays 0, and the amendment was adopted.

On the adoption of the committee substitute, 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 Barker Barnes Bell Bond Broun of 46th Coverdell Dean of 6th Dean of 31st Doss

Eldridge Evans Holloway Howard Hudgins Hudson Johnson Langford Lester Riley

Robinson Scott Shapard Starr Stephens Tate Thompson Traylor Tysinger Wessels

Those voting in the negative were Senators:

Ballard Brantley Brown of 47th Carter Duncan English Foster

Gillis Greene Kennedy Kidd McGill Overby Paulk

Pearce Reynolds Summers
Sutton Timmons Turner Walker

Those not voting were Senators:

Fincher Hill

Russell

Stumbaugh

On the adoption of the substitute, the yeas were 31, nays 21, 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 Coverdell

Dean of 6th Eldridge
Evans Fincher

2568
Howard Hudgins Hudson Johnson Langford Lester

JOURNAL OP THE SENATE,

Riley Robinson Scott Shapard Stair Stephens

Tate Thompson Traylor Tysinger Wessels

Those voting in the negative were Senators:

Brantley Broun of 46th Brown of 47th Carter Dean of 31st Doss Duncan English

Foster Gillis Greene Holloway Kennedy Kidd McGill Overby

Paulk Pearce Reynolds Summers Sutton Timmons Turner Walker

Those not voting were Senators:

Hill

Russell

Stumbaugh

On the passage of the bill, the yeas were 29, nays 24.

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Kidd of the 25th moved that the Senate reconsider its action in passing HB 256.
On the motion, Senator Kidd of the 25th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Brantley Broun of 46th Brown of 47th Carter
Dean of 31st Doss Duncan Eldridge
English

Fincher
Foster
Gillis Greene Hudgins
Kennedy Kidd
Langford McGill

Overby
Paulk
Pearce Reynolds Summers
Sutton Timmons
Turner Walker

Those voting in the negative were Senators:

Allgood
Banks Barker

Barnes
Bell Bond

Coverdell
Dean of 6th Evans

Holloway
Howard Hudson Johnson Lester Riley

FRIDAY, MARCH 3, 1978

2569

Robinson
Scott Shapard Starr Stephens Stumbaugh

Tate
Thompson Traylor Tysinger Wessels

Not voting were Senators Hill and Russell.
On the motion, the yeas were 28, nays 26; the motion prevailed, and HB 256 was reconsidered.

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

HB 277. By Representative Adams of the 36th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb creating a new Charter for such city and for other purposes, as amended, so as to change the provisions re lating to qualifications of Council members, the President of the Council and the Mayor. Referred to Committee on County and Urban Affairs.
HB 1891. By Representatives Carlisle and Mostiler of the 71st:
A bill to repeal an Act to provide for the reimbursement of expenses of the members of the governing authority of each county in this State having a population of not less than 35,000 nor more than 44,000 according to the U.S. Decennial Census of 1970 or any future such census. Referred to Committee on County and Urban Affairs.
The following resolutions and bills of the House and Senate were taken up for the purpose of considering the House action thereto:

HR 81. By Representatives Tolbert and Butler of the 56th, Richardson of the 52nd and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes on aquatic pleasure craft; to provide for the submission of this amendment for ratification or rejection.

Senator Wessels of the 2nd moved that the Senate insist upon the Senate substitute to HR 81.

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JOURNAL OF THE SENATE,

On the motion, the yeas were 30, nays 1; the motion prevailed, and the Senate insisted upon the Senate substitute to HR 81.

SR 233. By Senators Kidd of the 25th and Broun of the 46th:
A resolution proposing an amendment to the Constitution, so as to require write-in candidates in special elections to file a notice of intention of candidacy in the same manner as such candidates are required to file notices of intention of candidacy in general elections; to provide for submission of this amendment for ratification or re jection.

The House substitute to SR 233 was as follows:
A RESOLUTION
Proposing an amendment to the Constitution so as to require write-in candidates in special elections to file a notice of intention of candidacy in the same manner as such candidates are required to file notices of intention of candidacy in general elections; 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 GEOR GIA:
Section 1. Article II, Section III, of the Constitution is hereby amended by striking Paragraph III in its entirety and substituting in lieu thereof a new Paragraph III to read as follows:
"Paragraph III. Write-in Votes. No person elected on a write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given twenty or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election, as follows: In a State general or special election, to the Secretary of State and by publication in a paper of general circulation in the State; in a general or special election of county officers, to the Judge of the Probate Court of the county in which he is to be a candidate and by publication in the official organ of the same county; in a municipal general or special election, to the mayor or similar officer thereof and by publication in the official gazette of the municipality holding the election. The General As sembly may enact other reasonable regulations and require com pliance therewith as a condition of eligibility to hold office in this State.
In the event an amendment to the Constitution completely revising Article II is ratified at the 1978 general election, the pro visions of this Paragraph shall be repealed on June 30, 1979."
Section 2. The above proposed amendment to the Constitution shall

FRIDAY, MARCH 3, 1978

2571

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 re( ) NO quire a notice of candidacy of write-in candidates in special elections?"

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

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

Senator Kidd of the of the 25th moved that the Senate agree to the House substitute to SR 233.

On the motion, 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 Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Voting in the negative was Senator Ballard.

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

Not voting were Senators Hill and Russell.

On the motion, the yeas were 53, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SR 233.

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SB 408. By Senators Evans of the 37th, English of the 21st, Allgood of the 22nd and others:
A bill to prohibit sexual exploitation of children; to provide definitions; to provide that it is unlawful for any persons to take certain actions related to procuring for use or using certain minors for the purpose of depicting sexually explicit conduct in any visual or print medium; to provide that it is unlawful for the parent or person having custody of a child to take certain actions respecting sexual exploitation of the child; to provide penalties.

The House amendments were as follows:

Amendment No. 1:
Amend SB 408 by striking the "o" on line 27, Page 1, and by adding the following:
"except that no exhibition of nudity shall be deemed lewd if not done in conjunction with any other sexually explicit conduct and if for the purpose of producing any stage play or visual or print medium having a serious literary, artistic, educational or scientific value."

Amendment No. 2:
Amend SB 408 by striking on Page 1, line 15, "fourteen" and sub stituting the word "eighteen".

Senator Evans of the 37th moved that the Senate disagree to the House amendments to SB 408.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate disagreed to the House amendments to SB 408.

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 pro vide for procedures, requirements and other matters relative thereto; to provide for certain penalties in connection therewith.

The House substitute to SB 140 was as follows:
A BILL
To be entitled an Act to create the District Attorneys' Retirement System; to provide for a short title; to provide for definitions; to pro vide for procedures, requirements and other matters relative thereto;

FRIDAY, MARCH 3, 1978

2573

to provide for certain penalties in connection therewith; to amend an Act known as the "Trial Judges and Solicitors Retirement Fund Act",
approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended, so as to change the provisions relative to membership in said Retirement Fund and to change the provisions relative to administrative expenses; to provide for the withdrawal of funds paid into the Fund by the employee and likewise a withdrawal of funds paid into the Fund by the employer for prior service upon a member ceasing to hold a position or office covered by the Fund; to amend an Act creating the office of district attorney emeritus and creating a retirement fund, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, so as to provide for mini mum retirement benefits and salaries for certain district attorneys emeritus; to provide for other matters relative to the foregoing; to pro vide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

PART I
Section 1. Short title. This Part shall be known and may be cited as the "District Attorneys' Retirement Act".
Section 2. Definitions. As used in this Act, unless the context clearly requires otherwise, the following words or phrases shall have the meanings indicated below:
(a) "System" or "Retirement System" means the District Attorneys' Retirement System created by this Act.
(b) "Retirement Fund" or "Fund" means the District Attorneys' Retirement Fund created by Section 4 of this Act.
(c) "Board" means the Board of Trustees provided for by Section 3 of this Act.
(d) "District Attorney" means any District Attorney holding of fice on July 1, 1978, and any District Attorney taking office at any time between July 1, 1978 and January 1, 1979, who becomes a member of the Retirement System created by this Act pursuant to Section 8 of this Act and any District Attorney taking office on or after January 1, 1979, except that the term "District Attorney" shall not include any District Attorney:
(1) who is eligible to participate in the District Attorneys' Re tirement Fund created pursuant to the Act creating the office of Solicitor General (now District Attorney) emeritus and creating a retirement fund therefor, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended; and
(2) any District Attorney who is a member of any other pub licly supported retirement or pension system or fund created by any

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JOURNAL OP THE SENATE,

law of this State, if the retirement or pension benefits under such
other publicly supported retirement or pension system or fund are based wholly or partially on the compensation payable to the Dis trict Attorney from State funds. The membership of any District
Attorney who becomes a member of the Retirement System shall terminate if, at any time, he becomes a member of any other pub licly supported retirement or pension system or fund as herein de scribed.

(e) "Creditable service" means:

(1) Any service performed as a contributing member of the System on and after January 1, 1979; and

(2) Prior service as a District Attorney or as a solicitor of a State Court transferred, pursuant to Section 9 of this Act, from the "Trial Judges and Solicitors Retirement Fund Act," approved
March 11, 1968 (Ga. Laws 1968, p. 259), as amended.

(f) "Employer" means the State of Georgia.

(g) "Annual compensation" means the annual salary paid from State funds to a member of the Retirement System created by this Act.

(h) "Average annual compensation means the average annual
compensation of a member during the five years immediately preceding his retirement, and if the member has less than five years as a contri buting member, "average annual compensation" shall mean the average of the annual compensation of a member during his total service as a contributing member.

(i) "Act of external violence" means any intentional injury or death caused directly or indirectly by another person.

(j) "Official duties" means the duties and responsibilities of a Dis trict Attorney as are or may be imposed under the Constitution and laws of this State or which necessarily appertain to said office.

(k) "State Court" means any court subject to the provisions of the Act providing for the organization, jurisdiction, venue, practice and procedure of certain courts which are below the Superior Court level, approved March 24, 1970 (Ga. Laws 1970, p. 679), as amended.

Section 3. System created; Board. There is hereby created the Dis trict Attorneys' Retirement System which shall be administered by a Board of Trustees composed of the Governor, the Attorney General and the Director of the Fiscal Division of the State Department of Admin
istrative Services.

Section 4. Fund; administration of fund, (a) The Board shall have control of the funds provided for in this Act, and all funds received by the Board shall be deposited in a special account to the credit of the Dis trict Attorneys' Retirement Fund. The benefits provided for in this Act

FRIDAY, MARCH 3, 1978

2575

and all administrative expenses shall be paid from said fund. The Board shall have authority to expend the funds in accordance with the pro visions of this Act.

(b) The Board shall have full power to invest and reinvest such funds subject to all the terms, conditions, limitations and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments. Subject to said terms, conditions, limitations and restrictions, the Board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money beloging to the Fund.

(c) The Board is hereby authorized to employ an agent, or agents, including, but not limited to, banks or trust departments thereof, and enter into contracts therewith for the purpose of such agent or agents acting as investment advisors and counselors, making recommendations for investments and making investments if the Board so authorizes.

Section 5. Powers and duties of Board; actuarial investigations, (a) The Board is hereby given the following powers and duties: to con tract with proper federal authorities for Old Age, Survivors' and Dis ability Insurance coverage under the Social Security Act; to provide for the collection of all money provided for in this Act; to provide for the payment of all administrative expenses; to hear and decide all applica tions for retirement and disability benefits provided for under this Act; to adopt such tables, as provided by subsection (b) of this Section, as it shall deem desirable in connection with the proper operation of the System; to provide for the payment of all retirement and disability benefits that may be determined to be due under this Act and the rules and regulations adopted by the Board; to make and promulgate all neces sary rules and regulations not inconsistent with this Act to carry out the provisions of this Act; to determine eligibility of persons to receive re tirement benefits, and disability benefits under the provisions of this Act; to make provisions for refunds and repayment to persons who may be entitled to receive same; to keep records of all its meetings; and all other powers necessary for the proper administration of the provisions
of this Act.

(b) The Board shall designate an actuary who shall be the technical advisor of the Board on matters regarding the operation of the Retire
ment Fund created by this Act and who shall perform such duties as may be required in connection therewith. From time to time and at least once during each five-year period, the actuary shall make an actuarial investigation into the mortality, service and compensation experience of the members and the beneficiaries of the Retirement System and re commend for adoption by the Board mortality, service and other tables needed in the operation of the System. After taking into account such investigations, the Board from time to time shall adopt for the system such mortality, service and other tables as it may deem necessary for the operation of the System. The Board shall also determine from time to time the rate of regular interest for use in all calculations required in connection with the System, except for rates of interest otherwise specified in this Act. On the basis of regular interest and tables last

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adopted by the Board, the actuary shall make annual valuations of the contingent assets and liabilities of the Retirement System.

Section 6. Records. The Board shall keep permanent records of all its accounts in granting retirement and disability benefits, and shall keep proper records and books concerning the operation of the Board. The Board shall present each year at the beginning of the regular ses
sion of the General Assembly an annual financial statement of the System.

Section 7. Gifts. The Board may take by gift, grant or bequest, any money, real or personal property, or any other thing of value and hold or invest the same for the uses and purposes of said System in ac cordance with the provisions of this Act.
Section 8. Membership, (a) The membership of the Retirement System shall be as follows:
(1) Any District Attorney holding office on July 1, 1978, and any District Attorney taking office at any time between July 1, 1978, and January 1, 1979, unless any such District Attorney de clines membership pursuant to subsection (b) of this Section, and
(2) Any District Attorney taking office on or after January 1, 1979,
(b) Any District Attorney specified in paragraph (1) of sub section (a) of this Section who is a member of the retirement system created by an Act known as the "Trial Judges and Solicitors Retirement Fund Act", approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended, may decline membership in the Retirement System and con tinue his membership in the retirement system created by the aforesaid Act. Any such District Attorney intending to decline membership in the Retirement System shall notify the Board, in writing, of such intention by not later than December 31, 1978. Any such District Attorney so notifying the Board shall not become, and shall not at any time there after be eligible to become, a member of the Retirement System and shall remain a member of the retirement system created by the aforesaid Act. Any such District Attorney failing to notify the Board, within the time limitation herein provided, that he has declined membership in the Retirement System shall become a member of the Retirement System on January 1, 1979, and, as of said date, his membership in the retirement system created by the aforesaid Act shall be terminated.

(c) Any District Attorney who becomes a member of the Retire ment System created by this Act pursuant to subsections (a) and (b) of this Section:
(1) Shall not be eligible to participate in the District Attorneys' Retirement Fund created pursuant to the Act creating the office of Solicitor General (now District Attorney) emeritus, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended; and

FRIDAY, MARCH 3, 1978

2577

(2) Shall not be eligible at any time after December 31, 1978, to be a member of the retirement system created by an Act known as the "Trial Judges and Solicitors Retirement Fund Act", ap proved March 11, 1968 (Ga. Laws 1968, p. 259), as amended.

Section 9. Prior service, (a) Any District Attorney subject to the provisions of subsection (b) of Section 8 of this Act who becomes a member of the Retirement System shall receive creditable service under this Act for all service as a District Attorney rendered prior to January I, 1979, which has been credited to him under the Act known as the "Trial Judges and Solicitors Retirement Fund Act", approved March II, 1968 (Ga. Laws 1968, p. 259), as amended. The board of trustees of the retirement system created by the aforesaid Act shall certify to the Board the amount of such prior service for each such District Attorney as of December 31, 1978, and such prior service shall become creditable service under this Act as of January 1, 1979. All employer and employee contributions, plus earnings thereon, made to the Trial Judges and Solicitors Retirement Fund pursuant to the aforesaid Act by or on be half of such District Attorneys becoming members of the Retirement System are hereby transferred to the District Attorneys' Retirement Fund created by this Act as of January 1, 1979. Such employer and em ployee contributions transferred as herein provided mean only those em ployer and employee contributions made for membership service as a District Attorney under said Trial Judges and Solicitors Retirement Fund Act.
(b) Any District Attorney subject to the provisions of subsection (b) of Section 8 of this Act who becomes a member of the Retirement System may receive creditable service under this Act for service as a solicitor of a State Court which was rendered while a member of the Trial Judges and Solicitors Retirement Fund created by the Act ap proved March 11, 1968 (Ga. Laws 1968, p. 259), as amended, pursuant to the following requirements:

(1) For each two years of prior service as a solicitor of a State Court while a member of the Trial Judges and Solicitors Re tirement Fund, one year of creditable service may be obtained under this Act up to a maximum of four years of creditable service; and
(2) For each year of creditable service obtained under this Act, the employer and employee contributions, plus earnings there on, for two years which were made to the Trial Judges and Solicitors Retirement Fund for such service as a solicitor of a State Court shall be transferred to the District Attorneys' Retirement Fund created t>y this Act.

Creditable service under this Act may be obtained for any amount of prior service as a solicitor of a State Court, subject to the maximum provided in paragraph (1) above, while a member of the Trial Judges and Solicitors Retirement Fund, but for less than two years' prior service as a solicitor of a State Court or for parts of a year, the ratio of actual prior service for creditable service and the ratio of employer and employee contributions, plus earnings thereon, necessary for such

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JOURNAL OF THE SENATE,

creditable service shall be as established by paragraphs (1) and (2) above.

Any member of the Retirement System wishing to obtain creditable service under this Act pursuant to this subsection must notify the Board, in writing, within 90 days after becoming a member of the Retirement System. At the time such notification is made, the member claiming such prior service shall certify such prior service and upon verification
as the Board may require and upon the transfer of employer and em ployee contributions, plus earnings thereon, as hereinafter provided, the Board shall enter the creditable service on the member's records. Any member failing to notify the Board within the time limitation pro vided herein shall not at any time thereafter be eligible to receive creditable service pursuant to this subsection.

The board of trustees of the Trial Judges and Solicitors Retirement Fund shall transfer to the Board the employer and employee contribu tions, plus earnings thereon, required by paragraph (2) above for any creditable service obtained pursuant to this subsection.

Section 10. Contributions, (a) The basis for employee contributions to the Fund created by this Act shall be the salaries from State funds provided by law for District Attorneys. The Department of Administra tive Services is hereby authorized and directed to deduct monthly from the salary of each District Attorney who is a member of the Retire ment System seven and one-half percent of such salary to cover the employee contributions to the Fund created by this Act. The Department of Administrative Services is also authorized to make an additional deduction from such salaries to cover any employee tax for Social Security coverage that may now or hereafter be required for such cov
erage.

(b) The Department of Administrative Services is hereby autho rized and directed to pay from the funds appropriated or otherwise available for the operation of the superior courts of the State, any em ployer contribution for Social Security coverage that may now or here after be required for the members of the Retirement System. From funds appropriated or otherwise available for the operation of superior courts, the Department of Administrative Services is also authorized and directed to pay into the Retirement Fund created by this Act em ployer contributions, including contributions to fund any creditable serv ice authorized by this Act, which, together with employee contributions and the earnings of the Fund, shall be an amount sufficient to fund the service and disability retirement benefits provided for by this Act.

(c) The deductions from State salaries payable to District At torneys who are members of this Retirement System shall be made not withstanding that the salaries fixed by law for such District Attorneys shall be reduced thereby. Such District Attorneys shall be deemed to consent and agree to the deductions made, and payment of the salary, less such deductions, shall be a full and complete discharge of all claims
and demands whatsoever for the services rendered by such District At
torneys during the period covered by such payment.

FRIDAY, MARCH 3, 1978

2579

Section 11. Service retirement, (a) A member who has obtained at least ten years of creditable service and who is at least 60 years of age shall be eligible to retire and receive a monthly retirement benefit.
Said monthly retirement benefit shall be an equal monthly installment of an annual retirement benefit computed on the basis of 3 percent of the member's average annual compensation multiplied by his total number of years of creditable service, not to exceed 22 years. After ob taining at least ten years of creditable service, a member who ceases to
hold office as a District Attorney prior to reaching age 60 may begin receiving the monthly retirement benefit herein authorized upon reaching age 60, if he does not withdraw his contributions to the Retirement Fund.

(b) After obtaining 22 years of creditable service, a member shall continue to make the employee contributions to the Retirement Fund, but the maximum retirement benefit shall be based on 22 years of creditable service. In the event a member continues in service after ob
taining 22 years of creditable service, his "average annual compensation" for purposes of computing his retirement benefit shall be computed as provided in subsection (h) of Section 2 of this Act.

(c) A member may retire under this Section by making written application therefor to the Board setting forth at what time, not less than 30 nor more than 90 days subsequent to the filing of such applica tion, he desires to be retired.

(d) Any District Attorney who retires under this Act, while re ceiving retirement or disability benefits, shall not be eligible for election or appointment to any other office of this State for which compensation is paid. Any such District Attorney, while receiving a retirement or disability benefit under this Act, shall not engage in the private practice of criminal law.

Section 12. Disability retirement, (a) After obtaining a minimum of ten years of creditable service, any member, regardless of his age, who shall become totally and permanently disabled to the extent that he
is unable to perform the duties of his office shall be entitled to receive a disability retirement benefit. The monthly disability retirement benefit shall be calculated in the same manner as a service retirement benefit
under subsection (a) of Section 11 of this Act, except that such disabled member shall be entitled to receive a minimum disability retirement benefit which shall be equal to one-half of the maximum retirement benefit provided by subsection (a) of Section 11 of this Act after 22
years' creditable service.

(b) After obtaining a minimum of four years of creditable service, any member, regardless of age, who shall become totally and permanently disabled as a result of an act of external violence incurred in or as a result of the performance of the member's official duties, to the extent
that the member is unable to perform the duties of his office, shall be entitled to receive a disability retirement benefit. The monthly disability retirement benefit shall be calculated in the same manner as a service retirement benefit under subsection (a) of Section 11 of this Act, except that such disabled member shall be entitled to receive a minimum dis-

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JOURNAL OF THE SENATE,

ability retirement benefit which shall be equal to one-half of the maxi mum retirement benefit provided by subsection (a) of Section 11 of this Act after 22 years' creditable service.

(c) The disability of any member applying for disability retire ment benefits and the continuation of such disability shall be determined by the Board in the same manner and under the same procedure as dis ability of State employees is determined in accordance with the applicable provisions of the Act establishing the Employees' Retirement System of
Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as now or hereafter amended. Disability retirement benefits shall become payable within 30 days after such disability is determined by the Board as herein provided.

Section 13. Spouses' benefits, (a) Except as otherwise provided by subsection (d) of this Section, each District Attorney who is a member of the Retirement System shall pay an employee contribution, in addition to the employee contribution required by subsection (a) of Section 10 of this Act, of two and one-half percent of the State salary paid to such District Attorney for spouses' benefits as provided hereinafter. The Department of Administrative Services shall be authorized to deduct monthly the employee contributions required herein for spouses' benefits.
(b) If a member subject to this Section, who has attained a mini mum of ten years of creditable service, dies, the surviving spouse of such member shall be entitled to receive for life or until the remarriage of such surviving spouse a monthly sum equal to 50 percent of the retirement benefit which the member was receiving at the time of his death, if retired at such time, or which would have been payable to the member had he retired as of the date of his death, except as provided in subsection (c) of this Section.

(c) If a member subject to this Section who has attained a mini mum of ten years' creditable service dies as a result of an act of external violence or injuries incurred in or as a result of the performance of the member's official duties, the surviving spouse of such member shall be entitled to receive for life or until the remarriage of such surviving spouse, a monthly sum equal to 50 percent of the retirement benefit which would have been payable to the member had the member lived and retired at age 60.
(d) A member of the Retirement System shall have the right to reject the spouses' benefits provided by this Section by notifying the Board, in writing, of such rejection on a form to be supplied by the Board. Any District Attorney becoming a member of this Retirement System pursuant to subsection (b) of Section 8 of this Act who wishes to reject such benefits shall notify the Board of such rejection by not later than January 1, 1979. Any District Attorney wishing to reject such benefits who becomes a member of the Retirement System created by this Act after January 1, 1979, shall notify the Board of such rejection within 60 days after becoming a member of the Retirement System.

(e) Any member of the Retirement System who rejects spouses' benefits coverage, or who ceases such coverage pursuant to subsection

FRIDAY, MARCH 3, 1978

2581

(f) of this Section, because such member was unmarried at the time of such rejection or because such member's spouse died or because such member ceased to be married, shall have the option to elect spouses' benefits within 60 days after becoming married or remarried, as the
case may be. Any member so electing must make the necessary contri butions for spouses' benefits coverage for a total of at least ten years in order for such member's spouse to qualify for the spouses' benefits pro vided for by this Section.

(f) If the spouse of a member dies or if a member ceases to be married, then such member who has elected to obtain spouses' benefits pursuant to this Section may cease making the employee contributions for spouses' benefits required herein. Such member shall notify the Board of Trustees in writing to cease deducting such employee contri butions within 60 days after the date of the death of the spouse or after
the date the member ceases to be married, and upon such notification, no further deductions shall be made. When a member ceases to make such employee contributions as provided herein, there shall be no return of such contributions previously made by such member.

(g) Should there not be a surviving spouse of a member covered by this Section, the amount of accumulated contributions made by such member, with interest thereon at the rate of four percent per annum, shall be paid to the living person, if any, nominated by written designa tion of the member duly executed and filed with the Board of Trustees, otherwise to the member's estate.

(h) It shall be the duty of the Board to notify District Attorneys who are subject to the provisions of this Act of the requirements of this
Section.

Section 14. Withdrawal or return of contributions, (a) If a mem ber ceases to hold office as a District Attorney or if his membership in the Retirement System is terminated, he may withdraw the total sum, with interest, at the rate of four percent per annum, which he has paid into the Fund, but he shall not be eligible at any time after such with drawal to become a member of the Retirement System, unless such member shall at a later date hold office as a District Attorney and is otherwise eligible for membership in the Retirement System, in which event he shall be reinstated into the Retirement System in the same manner as if he had never before been a member of the Retirement System. Any such reinstated member shall have the privilege of re establishing any prior creditable service by making reimbursement of the amount withdrawn from the Fund plus interest at the rate of four
percent per annum.

(b) If a member not covered by spouses' benefits under Section 13 of this Act should die before retirement, the total sum, with interest at the rate of four percent per annum, which he has paid into the Fund shall be paid to his surviving spouse, if any, or to the living person, if any, nominated by written designation of the member duly executed and filed with the Board, otherwise to the member's estate.

(c) From time to time, whenever any member of this Retirement

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JOURNAL OF THE SENATE,

System terminates his membership herein prior to acquiring a vested
right to any retirement benefits, and withdraws his total contributions, plus interest, from the Fund, the following shall occur:

(1) The employer's contributions paid to the Board on behalf of such withdrawing member shall continue to be held within the
Fund and shall not be returned to the employer; and

(2) The employer's contributions paid to the Board on behalf of such withdrawing member shall be treated as actuarial gains and shall be applied toward the future decrease of employer's contri
butions, and shall not be used or applied to increase retirement bene fits to other members of the Retirement System.

Section 15. Tax exemptions. The right to a retirement benefit, to the returns of contributions, any optional benefit or any other right ac crued or accruing to any person under the provisions of this Act and the moneys in the Fund created by this Act are hereby exempt from any State, county, or municipal tax, and exempt from levy and sale, garnish ment, attachment, or any other process whatsoever, and shall be un assignable except as otherwise specifically provided in this Act.

Section 16. Legal advisor. The State Attorney General shall be the legal advisor of the Board of Trustees.

Section 17. False statements. Any person who shall knowingly make any false statements or shall falsify or permit to be falsified any record or records of the System in any attempt to defraud the System as a result of such an act shall be guilty of a misdemeanor, and upon con viction thereof by any court of competent jurisdiction, shall be punished by a fine not exceeding $500.00 or imprisonment not exceeding 12 months, or both, such fine and imprisonment to be at the discretion of the court. Should any change or error in the records result in any mem ber or beneficiary receiving from the Fund more or less than he would have been entitled to receive had the records been correct, the Board shall have the power to correct such error and to adjust as far as prac ticable the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled
shall be paid.

Section 18. Expenses. To pay the administrative expense of the Fund, upon the receipt of a request from the Board on or after July 1, 1978, and each year thereafter, the Fiscal Division of the Department of Administrative Services is hereby authorized and directed to pay from funds appropriated or otherwise available for the operation of the sup erior courts of the State, into the Fund an amount equivalent to the ac tual expenses incurred by the Board in the administration of said Fund as reflected by the State Auditor's Report for the previous fiscal year. The Board shall estimate such actual costs for the fiscal year beginning July 1, 1978, and ending June 30, 1979, and the Fiscal Division of the Department of Administrative Services shall be authorized to pay such costs for such fiscal year based on such estimate.

Section 19. Rules and regulations. The Board is hereby authorized

FRIDAY, MARCH 3, 1978

2583

and directed to adopt rules and regulations to carry out the provisions of this Act and to distribute the same to the District Attorneys of this State.

PART II
Section 20. An Act known as the "Trial Judges and Solicitors Re tirement Fund Act", approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended, is hereby amended by striking subsection (c) of Section 8 in its entirety and substituting in lieu thereof a new subsection (c) to read as followss:
" (c) Any District Attorney who is otherwise subject to mem bership in the Trial Judges and Solicitors Retirement Fund pur suant to subsections (a) and (b) of this Section shall not be a mem ber of said Fund if such District Attorney becomes a member of the District Attorneys' Retirement System pursuant to subsection (b) of Section 8 of the Act known as the "District Attorneys' Retire ment Act". The membership in the Trial Judges and Solicitors Re tirement Fund of any such District Attorney becoming a member of said District Attorneys' Retirement System as aforesaid shall terminate effective January 1, 1979. Any employee contributions to the Trial Judges and Solicitors Retirement Fund credited to the ac count of any District Attorney becoming a member of said District Attorneys' Retirement System as aforesaid, which are not trans ferred to the Fund created by said District Attorneys' Retirement Act pursuant to Section 9 thereof, may be withdrawn by such Dis trict Attorney pursuant to Section 22 of this Act as if such District Attorney had ceased to hold a position or office covered by the Trial Judges and Solicitors Retirement Fund. Any District Attorney taking office on or after January 1, 1979, shall not be a member of the Trial Judges and Solicitors Retirement Fund created by this Act."
Section 21. Said Act is further amended by striking Section 27 in its entirety and inserting in lieu thereof a new Section 27 to read as follows:
"Section 27. To pay the administrative expense of the Fund, upon the receipt annually of a request from the Board of Trustees, the Fiscal Division of the Department of Administrative Services is hereby authorized and directed to pay from funds appropriated or otherwise available for the operation of the superior courts of the State, into the Fund an amount sufficient to pay such adminis trative expenses as certified by said Board of Trustees to said Fiscal Division."
Section 22. Said Act is further amended by adding a new paragraph immediately following Section 16(c) as follows:
"Likewise, a member may withdraw the total sum with interest which has been paid into the Fund by the employer for prior service of such member."

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Section 23. Said Act is further amended by adding a new para graph at the end of Section 22 as follows:

"Likewise, a member may withdraw the total sum with interest which has been paid into the Fund by the employer for prior serv ice of such member."

PART III
Section 24. An Act creating the office of district attorney emeritus and creating a retirement fund, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, is hereby amended by adding at the end of Section 4, the following:
"Any other provision of this Section to the contrary notwith standing, the annual salary to be paid to any district attorney em eritus who assumed office as district attorney emeritus on or before January 31, 1978, on full retirement shall be $14,000.00 per anuum to be paid in equal monthly installments by the State of Georgia.",
so that when so amended Section 4 shall read as follows:
"Section 4. A district attorney emeritus shall receive from the State of Georgia an annual salary to be paid in monthly installments equal to one-half of the State salary of such district attorney for the calendar year immediately prior to his retirement as an active district attorney and immediately prior to his resignation from said office. In the event that any district attorney shall become eligible for appointment or shall have actually been appointed district at torney emeritus and while so eligible for appointment or holding such an appointment shall be elected or appointed to and shall qualify for an office of profit or trust under the Constitution of the United States or of the Constitution of Georgia, his right to appointment as district attorney emeritus or to continue to hold such an appoint ment and to draw the salary fixed therefor under said Act shall be suspended during the period of time that he shall hold such office, provided that upon ceasing to hold such office he shall then be en titled to appointment as district attorney emeritus under this Act or to reappointment to said office with all the obligations, rights and duties herein prescribed, his compensation as district attorney emeritus in such event to be the same amount received by him as dis trict attorney emeritus at the time of his election or appointment and qualifications to the office under the Constitution of the United States or of the State of Georgia, or, if not holding an appointment as district attorney emeritus then, one-half of the amount of State compensation received by him as district attorney for the calendar year immediately prior to his election or appointment to and qual ification for said office under the Constitution of the United States or the State of Georgia, the purpose of this provision being to permit any district attorney who may have been appointed district attorney emeritus under this Act or who may be eligible for appointment as district attorney emeritus to accept some other office of profit or trust under the Constitution of the United States or of the State of Georgia without affecting his then existing rights under this

FRIDAY, MARCH 3, 1978

2585

Act except to suspend the right to hold said office and receive the salary provided therefor while holding such other office. During the time that such district attorney is holding another office under the Constitution of the United States or of the State of Georgia as here in provided, he shall not be required to make any payments in and to the District Attorneys Retirement Fund of Georgia. Any other provision of this Section to the contrary notwithstanding, the annual salary to be paid to any district attorney emeritus who assumed
office as district attorney emeritus on or before January 31, 1978, on full retirement shall be $14,000.00 per annum to be paid in equal monthly installments by the State of Georgia."

PART IV

Section 25. Severability. In the event any section, subsection, sen tence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or uncon stitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 26. Effective dates, (a) Part I of this Act shall become effective for administrative purposes and for the purposes of exercising options and providing notices as provided in said Part I on July 1, 1978. Part I shall be effective for all purposes on January 1, 1979.

(b) Part II of this Act shall be effective for administrative pur poses on July 1, 1978, and for all purposes on January 1, 1979.

(c) Part III of this Act shall become effective on July 1, 1978.

(d) Any person receiving benefits under this section shall not be employed by any other governmental agency in this State.

Section 27. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Summers of the 53rd moved that the Senate disagree to the House substitute to SB 140.

On the motion, the yeas were 32, nays 1; the motion prevailed, and the Senate disagreed to the House substitute to SB 140.

SB 501. By Senators Hudgins of the 15th, Evans of the 37th, Johnson of the 34th and others:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as to change the provisions regarding creation of juvenile

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JOURNAL OF THE SENATE,

courts; to provide for judges; to provide for their compensation, terms of office, appointment and reappointment; to provide for seminars.

Amendment No. 1:
Amend SB 501 as follows:
By striking the word "same" on Page 2, line 11, and inserting in lieu thereof the words "rate of 75% of the" between the word "the" on line 11 and the word "salary" on line 12 by striking the numeral "two" on Page 2, line 23 and inserting in lieu thereof the numeral "4".
Line 29 strike the language "the Judges of the Superior Courts", starting on Page 2, line 29, and inserting in lieu thereof "full time judges of the Juvenile Courts as set forth in this Act:".
Strike all of Section 2, commencing on Page 3, all of Page 4 and ending on line 15, Page 5 and inserting in lieu of a new section as follows:
Section 2. Code Chapter 24A-2, relating to creation of juvenile courts, as amended, is hereby amended by adding at the end thereof a new Code Section 24A-202, to read as follows:
"24A-202. Terms of office, selection of judges.
(a) The terms of office of all juvenile court judges who are in office on June 30, 1979, shall end at 11:59 p.m. on June 30, 1979.
(b) On or before July 1, 1979, there shall be appointed one or more judges of the juvenile courts of the various counties of this State as provided in this Code Title. The judges so appointed shall take office on July 1, 1979, for a term of office expiring on January 1, 1983. Successors to such judges shall be elected at the general election immediately preceding the expiration of a term of office for a term of office of four years each and until their respective successors are duly elected and qualified.
(c) In the event of a vacancy in the office of judge of a juvenile court, such vacancy shall be filled by appointment of a duly qualified person to serve for the remainder of the unexpired term of office as provided in subsection (d) of this Section.
(d) Those persons to be initially appointed as juvenile court judges under the provisions of subsection (b) of this Section and any person appointed to fill a vacancy as provided in subsection (c) of this Section shall be appointed by the Governor from a list of three nominees submitted to him by the judges of the superior courts in the judicial circuit in which the juvenile court is located."
Alter caption on Page 1, line 5 by striking the word "reappoint ment" and inserting in lieu therof the word "election".

FRIDAY, MARCH 3, 1978

2587

Amendment No. 2:

Amend SB 501 by adding on Page 2, line 15, the following language to Section 1 after the words "and manner as the judges of the Superior courts" in paragraph b (2) of 24A-201:

"providing, however, that the salary, pension, retirement and insurance benefits of full-time judgeships for circuits created under this Act shall not be less than that salary currently authorized for
full time judgeships of any juvenile court currently existing within that circuit.

Amendment No. 3:
Amend SB 501 by adding a new Section "h" on Page 3,
"Each county shall have the option to provide a part time judge when said judge is compensated by that county."

Amendment No. 4:
Amend SB 501 by substituting the term "1980" for the term "1979" wherever it appears in the bill and committee amendment
and
by substituting the term "1981" for the term "1980" wherever it appears in the bill.

Senator Hudgins of the 15th moved that the Senate disagree to the House amendments to SB 501.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate disagreed to the House amendments to SB 501.

The following general bill of the House, having been read the third time previously today and postponed until 3:00 o'clock P.M., was put upon its passage:

HB 1320. By Representative Burruss of the 21st:
A bill to amend Code Title 45, known as the "Game and Fish Code", so as to change the provisions relative to legal weapons for hunting wildlife. Senate Sponsor: Senator Gillis of the 20th.

Senator Greene of the 26th moved that HB 1320 be postponed until March 6.

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JOURNAL OF THE SENATE,

On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 1320 was postponed until March 6.

The following bill of the Senate was taken up for the purpose of considering the House action thereto:

SB 555. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act," as amended, so as to provide for the employment of classroom aides and paraprofessionals; to provide for the authority of "in loco parentis" for such classroom aides and paraprofessionals under certain conditions.

Senator Starr of the 44th moved that the Senate recede from its disagreement to the House amendment to SB 555.

On the motion, 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 Eldridge English

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

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

Voting in the negative was Senator Ballard.

Those not voting were Senators:

Duncan Gillis Hill

Hudson Russell

Shapard (excused conferee) Timmons

On the motion, the yeas were 48, nays 1; the motion prevailed, and the Senate receded from its disagreement to the House amendment to SB 555.

FRIDAY, MARCH 3, 1978

2589

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

HB 1699. By Representatives Lucas of the 102nd, Hatcher of the 131st, Horton of the 43rd and others:
A bill to amend Code Chapter 84-16, relating to regulation of billiard rooms, so as to provide that the provisions of the Chapter shall riot apply in counties having a population of 100,000 or more, according to the United States Decennial Census of 1970 or any future such census. Senate Sponsor: Senator Greene of the 26th.

The Senate Committee on Judiciary offered the following substitute to HB 1699:
A BILL
To be entitled an Act to amend Code Chapter 84-16, relating to regu lation of billiard rooms, so as to remove certain references to race re garding applications and issuance of licenses and regarding who may congregate and play in certain billiard rooms; to provide that the pro visions of the Chapter shall not apply, under certain circumstances, in counties having a population of 100,000 or more, according to the United States Decennial Census of 1970 or any future such census; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 84-16, relating to regulation of billiard rooms, is hereby amended by striking from the first sentence of Section 84-1603, relating to qualification of licenses, the following:
"; nor to any person of the white or Caucasian race to operate a billiard room to be used, frequented or patronized by persons of the Negro race; nor to any person of the Negro race to operate a billiard room to be used, frequented or patronized by persons of the white or Caucasian race",
so that when so amended, Code Section 84-1603 shall read as follows:
"84-1603. Qualification of licensees; applications made to whom. No license to operate a billiard room shall be issued to any person who is not 21 years of age and a citizen of the United States, or who has been convicted of a felony. Application for license to oper ate a billiard room shall be first made to the tax collector of the county in which the applicant proposes to conduct said business in the form hereinafter provided, and no license shall be issued by any city or town to any person to engage in such business until after such person has made application to and has been granted a license by the tax collector of the county in which such city or town is located."

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JOURNAL OP THE SENATE,

Section 2. Said Code Chapter is further amended by striking from Code Section 84-1604, relating to application for license, the following:

"; and that, if a white person, he will not permit Negroes to congregate or play in his place of business; and, if a Negro, he will not permit any white person to remain or play in his place of business",

so that when so amended, Code Section 84-1604 shall read as follows:
"84-1604. Application for license; affidavit; bond; fees; for feiture. Every application for license shall be accompanied by the affidavit of the applicant, sworn to before an officer authorized by law to administer oaths, stating that the applicant is a citizen of the United States; that he has not been convicted of a felony; that he will not permit vagrants, or persons under the influence of in toxicating liquors, to enter or play in his place; that the applicant will have personal charge and management of said business; that he will not permit gambling, nor permit the above described tables to be used in any manner other than as provided by law. There shall also be filed with the application a bond in the penal sum of $500, payable to the State, and conditioned upon the faithful performance of all provisions of this Chapter, signed by the applicant as prin cipal, and either a surety company or two individuals as securities, which bond shall be approved by the tax collector and filed in his office. When said application and bond shall have been filed and approved as aforesaid, the tax collector shall issue a license for the current year or unexpired portion thereof upon the payment of the license fees provided by law. If any licensee hereunder shall volun tarily relinquish personal supervision, management and control of such billiard room he shall surrender his license to the tax col lector who may issue a new license to some other person, firm or corporation to continue said business under the provisions of this Chapter, in which event credit shall be given for the unused portion of said surrendered license, but if any licensee shall transfer or sublease such place of business to anyone, or relinquish management and control of said business without surrendering his license to the tax collector for reissuance, said license shall be deemed to be forfeited, and the tax collector must notify the sheriff of the county who shall close said place of business."

Section 3. Said Code Chapter is further amended by adding a new Section at the end thereof, to be designated Code Section 84-1617, to read as follows:

"84-1617. Chapter optional in certain counties. The provisions of this Chapter shall not apply in counties or municipalities having a population of 100,000 or more, according to the United States Decennial Census of 1970 or any future such census, if the govern ing body of any such county or municipality, by appropriate local ordinance or resolution, provides that the provisions of this Chapter shall not apply and, pursuant to its home rule authority, provides for the licensing and regulation by such county or municipality of billiard rooms located therein."

FRIDAY, MARCH 3, 1978

2591

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 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 Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge English Evans

Foster Gillis Greene 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 Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th (excused conferee) Duncan

Fincher Hill

Russell Timmons

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

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

HB 1755. By Representatives Matthews of the 145th, Long of the 142nd, Hanner of the 130th and others:
A bill to amend an Act known as the "Georgia Liming Materials Act of 1976" so as to change certain definitions and the provisions relating to definitions of terms used in said Act; to change the provisions relating to labeling; to change the provisions relating to penalties.
Senate Sponsor: Senator McGill of the 24th.

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JOURNAL OF THE SENATE,

The Senate Committee on Agriculture offered the following amendment:

Amend HB 1755 by striking from Page 2, line 28, the following:

"thirty percent (30%)",

and inserting in lieu thereof the following:

"fifty percent (50%)".

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

Fincher Foster Gillis Greene 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

Those not voting were Senators:

Duncan Evans

Hill 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.

FRIDAY, MARCH 3, 1978

2593

HB 1775. By Representatives Hatcher of the 131st and Steinberg of the 46th:
A bill to amend Code Title 24A, known as the Juvenile Court Code of Georgia, so as to authorize the Council of Juvenile Court Judges to inspect and copy records of the courts, law enforcement agencies and the Department of Human Resources upon request; to provide that the judge shall permit the Department of Human Resources and Council of Juvenile Court Judges to inspect and copy records of the court and law enforcement agencies.
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 Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge English

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

Pearce Reynolds Riley Robinson Scott Shapard Starr Stumbaugh Summers Button Thompson Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Duncan Evans Hill

Russell Stephens

Tate Timmons

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

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

HB 1780. By Representative Bolster of the 30th:
A bill to amend an Act known as the "Georgia Private Detective and Private Security Agencies Act", so as to prohibit the use of uniforms and vehicular colors and markings which are, in the judgment of the

2594

JOURNAL OF THE SENATE,

board, confusingly similar to those in use by existing police agencies of the State of Georgia or any political subdivision thereof.
Senate Sponsor: Senator Stumbaugh of the 55th.

The Senate Committee on Offender Rehabilitation offered the following substitute to HB 1780:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Pri vate Detective and Private Security Agencies Act," approved March 12, 1973 (Ga. Laws 1973, p. 40), as amended, so as to change the exemption for peace officers working for in-house agencies; 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 Private Detective and Private Security Agencies Act," approved March 12, 1973 (Ga. Laws 1973, p. 40), as amended, is hereby amended by striking from subsection (a) (5) (B) of Section 15 the following:
"this Act",
and inserting in lieu thereof the following:
"Section 5 of this Act",
so that when so amended, subsection (a) (5) (B) shall read as follows:
"(B) is on an independent contractor basis with an employer other than another peace officer or a business covered by the pro visions of Section 5 of this Act;".
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the committee substitute, the yeas were 2, nays 30, and the substitute was lost.

Senator Greene of the 26th offered the following substitute to HB 1780:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Pri vate Detective and Private Security Agencies Act", approved March 12, 1973 (Ga. Laws 1973, p. 40), as amended, so as to prohibit the use of uniforms and vehicular colors and markings which are, in the judgment

FRIDAY, MARCH 3, 1978

2595

of the board, confusingly similar to those in use by existing police
agencies of the State of Georgia or any political subdivision thereof; to change the exemption for peace officers working for in-house agen cies; 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 Private Detective and Private Security Agencies Act", approved March 12, 1973 (Ga. Laws 1973, p. 40), as amended, is hereby amended by adding a new Section 12A to read as follows:

"Section 12A. Uniforms; Vehicles.--It shall be unlawful for any person licensed under the provisions of this Act to wear uni forms and to use vehicular colors and markings which are, in the judgment of the board, confusingly similar to the uniforms and ve hicular markings of the State of Georgia or any political subdivision in which they operate, unless all uniformed police authorities of the State or unless the uniformed police authority of a political subdivision thereof in the area where said agencies will operate has given prior written approval of their use. Said written approval shall be irrevocable. The provisions of this Section shall not apply to uniforms or vehicular colors and markings in use by existing Georgia private detective or private security agencies operating in this State on or before March 1, 1978; provided, however, that the provisions of this Section shall apply to said existing agencies at the time they change their uniforms or vehicular colors or markings after the effective date of this Section except for seasonal uniform changes which have been used prior to the effective date of this
Section."

Section 2. Said Act is further amended by striking from subsection (a) (5) (B) of Section 15 the following:

"this Act",

and inserting in lieu thereof the following:

"Section 5 of this Act",

so that when so amended, subsection (a) (5) (B) shall read as follows:

"(B) is on an independent contractor basis with an employer other than another peace officer or a business covered by the pro visions of Section 5 of this Act;".

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 35, nays 2, and the substitute was adopted.

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JOURNAL OF THE SENATE,

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

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

Those voting in the affirmative were Senators:

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 Pincher Foster Gillis Greene Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

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

Voting in the negative were Senators Hudgins and Pearce.

Those not voting were Senators:

Duncan Evans Hill

Riley (excused conferee)

Russell Timmons

On the passage of the bill, the yeas were 48, nays 2.

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

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

HR 641. By Representative Oldham of the 14th: A resolution compensating Mr. James S. Payne, Jr.

FRIDAY, MARCH 3, 1978

2597

ITR 730. By Representative Connell of the 87th:
A resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly shall be authorized by law to provide requirements relative to the financing of services in Richmond County.

SR 356. By Senator Shapard of the 28th:
A resolution proposing an amendment to the Constitution, so as to authorize and empower the governing authority of Spalding County, Georgia, to enact ordinances and regulations, including, but not limited to, traffic regulations and garbage and solid waste disposal regulations for the policing and governing of the unincorporated areas of said county and the enforcement of all duties and powers now or hereafter vested in said board and to provide penalties for violations of such ordinances; to provide for the submission of this amendment for rati fication or rejection.

The House has adopted, as amended, by the requisite constitutional majority the following resolution of the Senate:

SR 326. By Senator Stumbaugh of the 55th:
A resolution proposing an amendment to the Constitution, so as to in crease the homestead exemption of each resident of DeKalb County for the purposes of all DeKalb County and DeKalb County School District ad valorem taxes by providing that said homestead exemption shall be $3,000 in 1979; $4,000 in 1980 and $5,000 for 1981 and each year there after.
The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 410. By Senators Foster of the 50th and Overby of the 49th:
A bill to amend an Act known as "The Georgia Public Assistance Act of 1965," as amended, so as to provide for certain fraudulent offenses rela tive to food stamps and to provide for penalties in connection therewith.

SB 629. By Senator Johnson of the 34th:
A bill to amend Code Section 68A-706, relative to overtaking and passing a school bus, as amended, so as to change the speed limit of school buses on a public road which is a part of a National System of Interstate and Defense Highways; to provide an effective date.

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

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JOURNAL OF THE SENATE,

SB 414. By Senator Reynolds of the 48th:
A bill to amend an Act providing for the use of radar speed detection devices by counties and municipalities, as amended, so as to change certain provisions relating to inadmissibility into evidence of evidence obtained by law enforcement officers using speed detection devices.

The House insists on its position in disagreeing to the Senate substitutes,
and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bills of the House:

HB 1304. By Representative Taggart of the 125th:
A bill to provide that the Commissioner of Revenue shall have authority to license and regulate the sale of all alcoholic beverages in bona fide private clubs in this State; to define the term "Club" for licensing pur poses; to provide license fees equal to those required of public licensed places of business.
The Speaker has appointed on the part of the House the following members thereof: Representatives Roland of the 119th, Karrh of the 106th and Taggart of the 125th.
HB 1907. By Representative Connell of the 87th:
A bill to amend an Act to provide and fix the compensation of certain elected officials in certain counties of this State so as to change the salaries of certain elected officials in said counties.

The Speaker has appointed on the part of the House the following members thereof: Representatives Truluck of the 86th, Swann of the 90th and Daniel of the 88th.
The House has disagreed to the Senate substitute to the following bill of the House:

HB 1312. By Representatives Swann of the 90th, Truluck of the 86th, Burton of the 47th and others:
A bill to amend Code Chapter 54-99, relating to crimes respecting indus trial relations so as to provide that it is unlawful for any person to put a minor to indecent, obscene, or immoral exhibitions; to provide a penalty.

The House has discharged its First Committee of Conference and has appointed a Second Committee of Conference on the following bill of the Senate:

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

FRIDAY, MARCH 3, 1978

2599

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 rela tive to the operation and management of the George L. Smith II Georgia World Congress Center.

The Speaker has appointed on the part of the House the following members thereof: Representatives Ham of the 80th, Triplett of the 128th and McDonald of the 12th.

The House has agreed to the Senate substitutes to the following bills and resolution of the House:

HB 1986. By Representatives Cooper, Kaley and Wilson of the 19th and others:
A bill to amend an Act reincorporating the City of Marietta and creating a new charter for said city so as to change the compensation of the mayor and councilmen.
HB 1368. By Representatives Robinson of the 58th, Evans of the 84th, Harrison of the 20th and others:
A bill to amend Code Chapter 79A-8, the Georgia Controlled Substances Act, so as to prohibit certain transactions in objects intended primarily for use with narcotic drugs or marijuana; to provide under what cir cumstances objects may be deemed to be intended primarily for such use; to provide penalties; to provide an effective date.
HB 1503. By Representatives Whitmire, Jackson and Wood of the 9th:
A bill to amend Code Section 92-4801, relating to the amount and condi tions of bonds that tax collectors and tax commissioners are required to give to the State and county, so as to authorize an increase in the amount of bond required to be given to the county.
HB 1530. By Representatives Dover of the llth, Clark of the 13th, Phillips of the 91st and others: A bill to amend an Act creating the Georgia State Commission of Indian Affairs so as to strike the provision providing for repeal of the Act; to provide an effective date.
HR 714. By Representatives Murray of the 116th and Castleberry of the lllth:
A resolution proposing an amendment to the Constitution so as to create the Downtown Americus Authority; to provide for the powers, authority and duties of such Authority; to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof.

2600

JOURNAL OP THE SENATE,

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

HB 1953. By Representative Phillips of the 91st:
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 exempt from the reporting requirements certain nonprofit corporations who have previously contracted with the State.

HB 997. By Representative Burruss of the 21st:
A bill to amend an Act known as the "Structural Pest Control Act", as amended, so as to provide that licenses issued pursuant to said Act shall be valid throughout the State with certain exceptions; to provide an effective date.
HB 1967. 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" so as to authorize the approval of county or private projects for which loans or grants under any Federal Act are made; to provide updated citations to the federal law relating to the construction grants program.

HB 1636. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend an Act providing for physician's assistants and known as the "Physician's Assistants Act" so as to exempt certain physician's assistants from certain examination requirements.

HB 1836. By Representative Kemp of the 139th:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to change certain provisions relating to abroga tion.

HB 1887. By Representative Vaughn of the 57th: A bill to create a new charter for the City of Conyers.

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

HB 1801. By Representatives Harris of the 8th, Collins of the 144th, Vaughn of the 57th, Connell of the 87th, and Wilson of the 19th:
A bill to provide a uniform method for the determination of fees to be charged by State licensing and examining boards. Senate Sponsor: Senator Broun of the 46th.

FRIDAY, MARCH 3, 1978

2601

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

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

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

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

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Duncan Evans Hill Howard

Pearce Riley (excused conferee)

Russell Stumbaugh Timmons

On the passage of the bill, the yeas were 46, nays 1.

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 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.

The House substitute to SB 21 was as follows:
A BILL
To be entitled an Act to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel, approved

2602

JOURNAL OF THE SENATE,

March 10, 1959 (Ga. Laws 1959, p. 152), as amended by an Act approved March 28, 1961 (Ga. Laws 1961, p. 230), an Act approved March 11, 1964 (Ga. Laws 1964, p. 459), an Act approved March 24, 1965 (Ga. Laws 1965, p. 270), an Act approved March 18, 1966 (Ga. Laws 1966, p. 586), an Act approved April 2, 1969 (Ga. Laws 1969, p. 232), an Act approved April 24, 1969 (Ga. Laws 1969, p. 635), an Act approved March 11, 1971 (Ga. Laws 1971, p. 67), and an Act approved February 3, 1976 (Ga. Laws 1976, p. 176), so as to change the membership of the Committee; to provide an effective date; to repeal conflicting laws; and
for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Legislative Services Committee and the Office of Legislative Counsel, approved March 10, 1959 (Ga. Laws 1959, p. 152), as amended by an Act approved March 28, 1961 (Ga. Laws 1961, p. 230), an Act approved March 11, 1964 (Ga. Laws 1964, p. 459), an Act approved March 24, 1965 (Ga. Laws 1965, p. 270), an Act ap proved March 18, 1966 (Ga. Laws 1966, p. 586), an Act approved April 2, 1969 (Ga. Laws 1969, p. 232), an Act approved April 24, 1969 (Ga. Laws 1969, p. 635), an Act approved March 11, 1971 (Ga. Laws 1971, p. 67), and an Act approved February 3, 1976 (Ga. Laws 1976, p. 176), is hereby amended by striking the first sentence of Section 1 which reads as follows:
"There is hereby created the 'Legislative Services Committee', hereinafter called the Committee, to be composed of the Speaker of the House of Representatives, the President of the Senate, the Chair man of the Appropriations Committee of the Senate, the Chairman of the Appropriations Committee of the House of Representatives, the Chairman of the Judiciary Committee of the Senate, the Chair man of the Judiciary Committee of the House of Representatives, the Chairman of the Banking, Finance and Insurance Committee of the Senate, the Chairman of the Ways and Means Committee of the House of Representatives, the Clerk of the House of Representatives, and the Secretary of the Senate.",

and inserting in lieu thereof a new first sentence to read as follows:
"There is hereby created the 'Legislative Services Committee', hereinafter called the Committee, to be composed of the Speaker of the House of Representatives, the President of the Senate, the President Pro Tempore of the Senate, the Chairman of the Judiciary Committee of the Senate, the Chairman of the Banking, Finance and Insurance Committee of the Senate, the Majority Caucus Chair man of the Senate, the Chairman of the Appropriations Committee of the House of Representatives, the Chairman of the Judiciary Committee of the House of Representatives, the Chairman of the Ways and Means Committee of the House of Representatives, the Majority Caucus Chairman of the House of Representatives, the Secretary of the Senate, and the Clerk of the House of Representa tives.",

FRIDAY, MARCH 3, 1978

2603

and by striking the word "Six" and inserting in lieu thereof the word "Seven", so that when so amended Section 1 shall read as follows:

"Section 1. There is hereby created the 'Legislative Services Committee', hereinafter called the Committee, to be composed
of the Speaker of the House of Representatives, the President
of the Senate, the President Pro Tempore of the Senate, the
Chairman of the Judiciary Committee of the Senate, the Chairman of the Banking, Finance and Insurance Committee of the Senate, the Majority Caucus Chairman of the Senate, the Chairman of the Appropriations Committee of the House of Representatives, the Chairman of the Judiciary Committee of the House of Representa tives, the Chairman of the Ways and Means Committee of the House of Representatives, the Majority Caucus Chairman of the House of Representatives, the Minority Leader of the House of Represen
tatives and the Senate, the Secretary of the Senate, and the Clerk of
the House of Representatives. The Speaker of the House of Repre sentatives shall be Chairman of the Committee and the Secretary of the Senate shall be Secretary of the Committee. The members of the Committee shall receive no additional allowances for service on the Committee while the General Assembly is in session but for each day spent in the performance of their duties hereunder between
sessions, the members shall receive the allowances authorized by law for legislative members of interim legislative committees. The Committee shall meet on call of the Chairman. Seven members of the Committee shall constitute a quorum and the affirmative vote
of a majority of those members present at a meeting of the Com mittee, provided such members present constitute a quorum, shall be necessary to transact business of the Committee. The Chairman shall be entitled to vote on all matters requiring a vote of the Committee."

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 Eldridge of the 7th moved that the Senate disagree to the House substitute to SB 21.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 21.

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

HB 1804. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to provide for distribution of revenues from the local option sales and use tax in all counties having a population

2604

JOURNAL OF THE SENATE,

of not less than 27,500 and not more than 28,500 according to the United States Decennial Census of 1970 or any future such census.
Senate Sponsor: Senator Fincher of the 54th.

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

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 Dean of 31st Doss Eldridge English

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

Robinson
Scott Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Brown of 47th Duncan Evans Hill

Johnson Reynolds Riley (excused conferee)

Russell Timmons

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

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

The following bill of the House was taken up for the purpose of considering the House action thereto:
HB 1907. By Representative Connell of the 87th: A bill to amend an Act to provide and fix the compensation of certain elected officials in certain counties of this State so as to change the salaries of certain elected officials in said counties.

FRIDAY, MARCH 3, 1978

2605

Senator Lester of the 23rd moved that the Senate adhere to the Senate sub stitute to HB 1907, and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 1; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1907.

The President appointed as a Conference Committee the following: Senators Lester of the 23rd, Allgood of the 22nd and Johnson of the 34th.

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

HR 730. By Representatives Connell of the 87th, Dent of the 85th, Daniel of the 88th and Truluck of the 86th:
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 manu facturing establishments shall be exempt from county taxation for bonded indebtedness in Richmond County.
Referred to Committee on County and Urban Affairs.

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

HB 1808. By Representatives Lambert of the 112th, Murphy of the 18th, Ware of the 68th, and Castleberry of the lllth:
A bill to amend Code Section 56-3002, relating to scope and format of individual accident and sickness insurance policies, so as to provide that no such policy nor any group or blanket policy providing such insurance shall contain a provision denying or reducing certain benefits as a result of the receipt of medical assistance benefits; to specify policies in vio lation to be null and void.
Senate Sponsor: Senator Doss of the 52nd.

The Senate Committee on Banking, Finance and Insurance offered the fol lowing substitute to HB 1808:
A BILL
To be entitled an Act to amend Code Title 56, known as the Georgia Insurance Code, so as to provide that no individual, group, or blanket insurance policy shall contain a provision denying or reducing certain benefits as a result of the receipt of medical assistance benefits; to specify policies in violation to be null and void; to provide for applica tion to policies issued by a hospital service nonprofit corporation or a

2606

JOURNAL OF THE SENATE,

nonprofit medical service corporation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 56, known as the Georgia Insurance Code, is hereby amended by adding a new subsection at the end of Code Section 56-3002, relating to scope and format of individual accident and sickness insurance policies, to be designated subsection (8), to read as follows:
"(8) (a) It contains no provision purporting to exclude or re duce coverage provided an otherwise insurable person, solely for the reason that the person is eligible for or receiving medical assistance, as defined in an Act known as the 'Georgia Medical Assistance Act of 1977', approved March 16, 1977 (Ga. Laws 1977, p. 384), as now or hereafter amended. Any such provision appearing in an indi vidual accident and sickness insurance policy, subsequent to July 1, 1978, shall be null and void.
(b) The provisions of this Section shall also apply to policies issued by a hospital service nonprofit corporation or a nonprofit medical service nonprofit corporation.",
so that when so amended, Code Section 56-3002 shall read as follows:
"56-3002. Scope and format of policy. No policy of accident and sickness insurance shall be delivered or issued for delivery in this State unless it meets the following requirements:
(1) The entire money and other considerations therefor are expressed therein;
(2) The time at which the insurance takes effect and terminates is expressed therein;

(3) It purports to insure only one person, except that a policy may insure, originally or by subsequent amendment upon the appli cation of an adult member of a family who shall be deemed the policyholder, any two or more eligible members of that family, in cluding husband, wife, dependent children or any children under a specified age which shall not exceed nineteen (19) years and any other person dependent upon the policyholder;
(4) The style, arrangement and overall appearance of the policy given no undue prominence to any portion of the text, and every printed portion of the text of the policy and of any endorsements or attached papers is plainly printed in lightfaced type of a style in general use, the size of which shall be uniform and not less than ten point with a lower case unspaced alphabet length not less than one hundred and twenty point (the 'text' shall include all printed matter except the name and address of the insurer, name or title of the policy, the brief description, if any, and captions and subcaptions), when a policy is renewable only at the option of the

FRIDAY, MARCH 3, 1978

2607

insurer, such fact shall be made known in prominent lettering on the face of the policy;

(5) The exceptions and reductions of indemnity are set forth in the policy and, except those which are set forth in Sections 56-
3004 and 56-3005, are printed, at the insurer's option, either included with the benefit provisions to which they apply, or under an appro
priate caption such as 'exceptions,' or 'exceptions and reductions': Provided, that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of such exception or reduction shall be included with the benefit provision to which it applies;

(6) Each such form, including riders and endorsements, shall be identified by a form number in the lower left hand corner of the first page thereof;
(7) It contains no provision purporting to make any portion of the charter, rules, constitution, or bylaws of the insurer a part of the policy unless such portion is set forth in full in the policy, except in the case of the incorporation of, or reference to, a state ment of rates or classification of risks, or short-rate table filed with the Commissioner; and
(8) (a) It contains no provision purporting to exclude or re duce coverage provided an otherwise insurable person, solely for the reason that the person is eligible for or receiving medical assistance, as defined in an Act known as the 'Georgia Medical Assistance Act of 1977', approved March 16, 1977 (Ga. Laws 1977, p. 384), as now or hereafter amended. Any such provision appearing in an individual accident and sickness insurance policy, subsequent to July 1, 1978, shall be null and void.
(b) The provisions of this Section shall also apply to policies issued by a hospital service nonprofit corporation or a nonprofit medical service nonprofit corporation."

Section 2. Said Code Title is further amended by adding a new Section after Code Section 56-3105, relating to required provisions of group and blanket accident and sickness insurance, to be designated Code Section 56-3105.1, to read as follows:

"56-3105.1. Prohibition of certain provisions relating to receipt of medical assistance.-- (a) No group or blanket accident and sick ness policy shall contain any provision purporting to exclude or re duce coverage provided an otherwise insurable person, solely for the reason that the person is eligible for or receiving medical
assistance, as defined in an Act known as the 'Georgia Medical Assistance Act of 1977', approved March 16, 1977 ,(Ga. Laws 1977, p. 384), as now or hereafter amended. Any such provisions ap pearing in a group or blanket accident and sickness insurance
policy, subsequent to July 1, 1978, shall be null and void.

2608

JOURNAL OF THE SENATE,

(b) The provisions of this Section shall also apply to policies issued by a hospital service nonprofit corporation or a nonprofit medical service nonprofit corporation."

Section 3. 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 1808:
A BILL
To be entitled an Act to amend Code Title 56, known as the Georgia Insurance Code, so as to provide that no individual, group, or blanket insurance policy shall contain a provision denying or reducing certain benefits as a result of the receipt of medical assistance benefits; to specify policies in violation to be null and void; to provide for ap plication to policies issued by a hospital service nonprofit corporation or a nonprofit medical service corporation; to provide that no insurer authorized to write accident and sickness insurance in this State shall issue certain group accident and sickness insurance policies to any employer to replace any existing policy of group accident and sickness insurance which such employer then has in effect or has had in effect during the preceding twelve months unless such group accident and sickness insurance policy provides for the payment of benefits for pre existing illnesses or conditions for which benefits would have been pay able under such previous policy; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 56, known as the Georgia Insurance Code, is hereby amended by adding a new subsection at the end of Code Section 56-3002, relating to scope and format of individual accident and sickness insurance policies, to be designated subsection (8), to read as follows:
"(8) It contains no provision purporting to exclude or reduce coverage provided an otherwise insurable person, solely for the reason that the person is eligible for or receiving medical assistance, as defined in an Act known as the 'Georgia Medical Assistance Act of 1977', approved March 16, 1977 (Ga. Laws 1977, p. 384), as now or hereafter amended. Any such provision appearing in an indi vidual accident and sickness insurance policy, subsequent to July 1, 1978, shall be null and void.
(b) The provisions of this Section shall also apply to policies issued by a hospital service nonprofit corporation or a nonprofit medical service nonprofit corporation.",
so that when so amended, Code Section 56-3002 shall read as follows:
"56-3002. Scope and format of policy. No policy of accident and

FRIDAY, MARCH 3, 1978

2609

sickness insurance shall be delivered or issued for delivery in this State unless it meets the following requirements:

(1) The entire money and other considerations therefor are expressed therein;
(2) The time at which the insurance takes effect and terminates is expressed therein;

(3) It purports to insure only one person, except that a policy may insure, originally or by subsequent amendment upon the appli
cation of an adult member of a family who shall be deemed the policyholder, any two or more eligible members of that family, including husband, wife, dependent children or any children under a specified age which shall not exceed nineteen (19) years and any other person dependent upon the policyholder;

(4) The style, arrangement and overall appearance of the policy given no undue prominence to any portion of the text, and every printed portion of the text of the policy and of any endorse ments or attached papers is plainly printed in lightfaced type of a style in general use, the size of which shall be uniform and not less than ten point with a lower case unspaced alphabet length not less than one hundred twenty point (the 'text' shall include all
printed matter except the name and address of the insurer, name or title of the policy, the brief description, if any, and captions and subcaptions), when a policy is renewable only at the option of the insurer, such fact shall be made known in prominent lettering on the face of the policy;

(5) The exceptions and reductions of indemnity are set forth in the policy and, except those which are set forth in Sections 56-3004 and 56-3005, are printed, at the insurer's option, either included with the benefit provisions to which they apply, or under an appropriate caption such as 'exceptions,' or 'exceptions and re ductions': Provided, that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of such exception or reduction shall be included with the benefit pro vision to which it applies;

(6) Each such form, including riders and endorsements, shall be identified by a form number in the lower lefthand corner of the first page thereof;

(7) It contains no provision purporting to make any portion of the charter, rules, constitution, or bylaws of the insurer a part of the policy unless such portion is set forth in full in the policy, except in the case of the incorporation of, or reference to, a state ment of rates or classification of risks, or short-rate table filed with
the Commissioner; and

(8) (a) It contains no provision purporting to exclude or re duce coverage provided an otherwise insurable person, solely for the reason that the person is eligible for or receiving medical as-

2610

JOURNAL OF THE SENATE,

sistance as defined in an Act known as the 'Georgia Medical As
sistance Act of 1977', approved March 16, 1977 (Ga. Laws 1977, p. 384), as now or hereafter amended. Any such provision appearing in an individual accident and sickness insurance policy, subsequent to July 1, 1978, shall be null and void.

(b) The provisions of this Section shall also apply to policies issued by a hospital service nonprofit corporation or a nonprofit medical service nonprofit corporation."

Section 2. Said Code Title is further amended by adding a new Section after Code Section 56-3105, relating to required provisions of
group and blanket accident and sickness insurance, to be designated Code Section 56-3105.1, to read as follows:

"56-3105.1. Prohibition of certain provisions relating to receipt of medical assistance.-- (a) No group or blanket accident and sick ness policy shall contain any provision purporting to exclude or reduce coverage provided an otherwise insurable person, solely for the reason that the person is eligible for or receiving medical assistance, as defined in an Act known as the 'Georgia Medical Assistance Act of 1977', approved March 16, 1977 (Ga. Laws 1977, p. 384), as now or hereafter amended. Any such provision appearing in a group or blanket accident and sickness insurance policy, sub sequent to July 1, 1978, shall be null and void.

(b) The provisions of this Section shall also apply to policies issued by a hospital service nonprofit corporation or a nonprofit medical service nonprofit corporation."

Section 3. Said Code Title is further amended by adding, following Code Section 56-3102, a new Code Section 56-3102.1, to read as follows:
"56-3102.1. Additional Required Provisions of Group Accident and Sickness Policies.-- (a) On and after the effective date of this Act, no insurer authorized to write accident and sickness insurance in this State shall issue any group accident and sickness insurance policy in this State to any group policyholder to replace any existing policy or contract of group accident and sickness insurance which such group policyholder then has in effect or has had continuously in effect during the preceding 12 months unless such group accident and sickness insurance policy contains the following: Benefits will be payable for preexisting illnesses or conditions for which benefits would have been payable under such previous policy had such policy not terminated. Except that this requirement shall not apply to existing claims which are being paid as a continuing liability under the prior policy or contract, nor shall this Section extend any time limitations for preexisting conditions under the new group policy which would be less favorable than the existing or previous policy.
(b) The provisions of this Section shall also apply to policies issued by a hospital service nonprofit corporation or a nonprofit medical service corporation."

FRIDAY, MARCH 3, 1978

2611

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

On the adoption of the committee substitute, the yeas were 36, nays 0, and the committee substitute was adopted.

The President ruled that since the substitute offered by the Senate Committee on Banking, Finance and Insurance was adopted, the substitute offered by Sen ator Scott of the 43rd became moot.
The 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

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

Pearce Reynolds Riley Robinson Scott Shapard Starr Stephens Stumbaugh Button Tate Thompson Turner Tysinger Walker

Those not voting were Senators:

Duncan English Evans Gillis

Hill Russell Summers

Timmons Traylor Wessels

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

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

2612

JOUENAL OP THE SENATE,

HB 1809. By Representative Murphy of the 18th:
A bill to create the Georgia Sports Hall of Fame Board; to provide for membership, expenses, offices, personnel, functions, purposes and funds. Senate Sponsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

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

Fincher Foster Gillis Greene 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 Tysinger

Those not voting were Senators:

Dean of 6th Duncan Evans Hill

Russell Timmons Traylor

Turner Walker Wessels

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

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

HB 1811. By Representatives Wood, Whitmire and Jackson of the 9th:
A bill to amend Code Title 69, relating to municipal corporations, so as to provide for the creation of Resource Recovery Development Authori ties in certain counties and municipalities; to provide a short title ("Re source Recovery Development Authorities Law"). Senate Sponsor: Senator Pearce of the 16th.

FRIDAY, MARCH 3, 1978

2613

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

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 Eldridge

English Poster Gillis Greene Howard Hudgins Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker

Those voting in the negative were Senators Hudson and Johnson.

Those not voting were Senators:

Bell Dean of 6th Duncan Evans Fincher

Hill Holloway (excused conferee) Russell

Scott Timmons Traylor Wessels

On the passage of the bill, the yeas were 42, nays 2.

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

The following bill of the Senate was taken up for the purpose of considering the House action thereto:

SB 522. By Senator Howard of the 42nd:
A bill to amend Code Chapter 88-2, relating to county boards of health, so as to permit county boards of health and health districts to contract with certain agencies, institutions and political subdivisions; to provide for the appointment of directors of health districts; to authorize con tracts for multicounty services; to provide for severability; to provide an effective date.

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JOURNAL OF THE SENATE,

The House amendment was as follows:

Amend SB 522 by inserting on Page 2, line 22, the word "appoint" following the word "to",

and

by striking on lines 22 and 23 the following:

"approve the selection"

and

by striking on line 23 the following:

"appointed by the Commissioner".

Senator Howard of the 42nd moved that the Senate disagree to the House amendment to SB 522.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 522.

The following report of the Committee on Enrolling and Journals was read by the Secretary:
Mr. President:
Your Committee on Enrolling and Journals has read and examined the following bill of the Senate, and has instructed me, as. Chairman, to report the same back to the Senate as correct and ready for trans mission to the Governor:
SB 503.
Respectfully submitted, /s/ Edward H. Johnson, Chairman
Senator, District 34

At 4:00 o'clock P.M., the President announced the Senate adjourned pursuant to SR 368 until 10:00 o'clock A.M. March 6.

MONDAY, MARCH 6, 1978

2615

Senate Chamber, Atlanta, Georgia Monday, March 6, 1978

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 adopted the following resolution of the House:
HR 838. By Representatives Smith of the 42nd, Reaves of the 147th, Battle of the 124th and others: A resolution relative to exploration for oil and natural gas on the Outer Continental Shelf.
The following resolutions of the Senate were introduced, read the first time and referred to committees:
SR 395. By Senators Robinson of the 27th and Barker of the 18th: A resolution requesting the Department of Public Safety to conduct a study of motor vehicle inspections.
Referred to Committee on Consumer Affairs.
SR 399. By Senators Gillis of the 20th, Broun of the 46th and McGill of the 24th: A resolution creating the Senate Health and Medical Education Study Committee.
Referred to Committee on Rules.
The following resolution of the House was read the first time and referred to committee:
HR 838. By Representatives Smith of the 42nd, Reaves of the 147th, Battle of the 124th and others: A resolution relative to exploration for oil and natural gas on the Outer Continental Shelf.
Referred to Committee on Natural Resources and Environmental Quality.

2616

JOURNAL OF THE SENATE,

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

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 Chairman, to report the same back to the Senate with the following recommenda tions :
HB 277. Do pass. HB 903. Pass pass. HB 1383. Do pass. HB 1384. Do pass. HB 1418. Do pass. HB 1437. Do pass. HB 1474. Do pass. HB 1475. Do pass. HB 1476. Do pass. HB 1611. Do pass. HB 1612. Do pass. HB 1702. Do pass. HB 1786. Do pass as amended. HB 1800. Do pass. HB 1870. Do pass as amended. HB 1881. Do pass. HB 1891. Do pass. HB 2023. Do pass. HB 2025. Do pass. HB 2026. Do pass. HB 2030. Do pass. HB 2039. Do pass. HB 2057. Do pass. HB 2058. Do pass. HB 2069. Do pass. HB 2071. Do pass by substitute. HB 2072. Do pass by substitute. HB 2077. Do pass. HR 793. Do pass.

MONDAY, MARCH 6, 1978

2617

HR 40. Do pass. HR 671. Do pass by substitute. HR 730. Do pass as amended. HR 776. Do pass. HR 799. Do pass. HB 1515. Do pass as amended. HB 1516. Do pass as amended.
Respectfully submitted, Senator Sutton of the 9th District, Chairman

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 1517. Do pass as amended. HB 1913. Do pass.
Respectfully submitted, Senator Sutton of the 9th District, Chairman

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 1945. Do pass. HB 2066. Do pass.
Respectfully submitted, Senator Sutton of the 9th District, Chairman

Mr. President:
Your Committee on Judiciary has had under consideration the following bill and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1838. Do pass. SR 389. Do pass.
Respectfully submitted, Senator Overby of the 49th District, Chairman

2618

JOURNAL OP THE SENATE,

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 recommendation:
SR 387. Do pass.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

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 362. Do pass.
Respectfully submitted, Senator Eldridge of the 7th District, Chairman

The following bills and resolutions of the House were read the second time:
HB 1838. By Representatives Hatcher of the 131st, Galer of the 97th and Marcus of the 26th: A bill to amend Code Chapter 49-6, relating to the appointment of guardians for insane and certain other persons, so as to change cer tain references to other Code Sections being amended; to provide for full and fair hearings and notice; to provide for certain hearings and findings by a commission and the proceedings related thereto.
HB 1945. By Representatives Clark of the 55th, Williams of the 54th, Johnston of the 56th and others: A bill to amend an Act authorizing the sale of malt beverages, wine, or alcoholic beverages by the drink on Sundays in certain counties so as to change the times during which beverages may be sold.
HB 2066. By Representative Rowland of the 119th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor" so as to authorize the sale of alcoholic beverages and liquors for consumption on the prem ises in certain clubs located in certain counties and municipalities.
HB 277. By Representative Adams of the 36th:
A bill to amend an Act reincorporating the City of Atlanta in the

MONDAY, MARCH 6, 1978

2619

Counties of Fulton and DeKalb creating a new Charter for such city and for other purposes, as amended, so as to change the provisions relating to qualifications of Council members, the President of the Council and the Mayor.

HB 903. By Representatives Gignilliat of the 122nd, Battle of the 124th, Scott of the 123rd and Hill of the 127th:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to extend the corporate limits of the City of Savannah; to provide for a referendum; to provide for severability.

HB 1383. 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 that the Public Defender of Fulton County may receive credit for prior service as an Assistant Public Defender of Fulton County; to provide for contri butions to obtain credit for such services.

HB 1384. 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 bene fits for service by a member after becoming eligible for retirement on full benefits.

HB 1418. By Representatives McKinney of the 35th, Glover of the 32nd and Dean of the 29th:
A bill to amend an Act providing that cities having a population of more than 150,000, according to the United States Census of 1920, or any subsequent such census, shall furnish pensions to officers and employees of such cities so as to provide for the recomputation of pen sions for certain retired officers and employees.

HB 1437. By Representative Greer of the 43rd:
A bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County so as to change the requirements for receiving a spouse's pension under said Act.

HB 1474. By Representative Bolster of the 30th:
A bill to amend an Act providing that certain cities shall furnish retirement benefits to officers and employees of such cities so as to require annual actuarial investigations and reports; to provide for the practices and procedures in connection therewith.

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JOURNAL OF THE SENATE,

HB 1475. By Representative Bolster of the 30th:
A bill to amend an Act providing a system of pensions and other benefits for members of paid fire departments of certain cities so as to require annual actuarial investigations and reports.

HB 1476. By Representative Bolster of the 30th:
A bill to amend an Act providing for pensions for members of police departments in certain cities so as to require annual actuarial investiga tions and reports.

HB 1611. By Representative Carnes of the 43rd:
A bill to amend an Act creating a Civil Service Board in Fulton County so as to make different provisions relative to the payments to members of the Board.

HB 1612. By Representative Carnes of the 43rd:
A bill to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit so as to change the salary range of the assistant district attorneys of the Atlanta Judicial Circuit.

HB 1702. By Representatives Deveaux of the 28th, Irvin of the 23rd and Adams of the 36th:
A bill to amend Code Chapter 34-14, relative to absentee voting, so as to provide that in all counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census, any branch of the county courthouse or courthouse annex established within any such county shall be an additional regis trar's office or place of registration for the purpose of receiving and voting absentee ballots.
HB 1800. By Representatives Triplett of the 128th and Chance of the 129th:
A bill to amend an Act creating a new charter for the municipality of Garden City so as to extend the present corporate limits of said municipality; to provide for purchase or condemnation of sewer facilities and water systems.
HB 1870. By Representative Kemp of the 139th:
A bill to amend an Act providing for the compensation of the Sheriff and the Clerk of the Superior Court of Liberty County so as to change the compensation of the clerk of the superior court; to authorize the clerk of the superior court to employ a deputy clerk and two fulltime clerks.
HB 1881. By Representatives Smith of the 42nd, Horton and Carnes of the 43rd:
A bill to amend an Act establishing a new charter for the City of

MONDAY, MARCH 6, 1978

2621

Palmetto so as to change the provisions relating to councilmen, their qualifications, and terms of office; to change the provisions relating to time for holding regular elections.

HB 1891. By Representatives Carlisle and Mostiler of the 71st:
A bill to repeal an Act to provide for the reimbursement of expenses of the members of the governing authority of each county in this State having a population of not less than 35,000 nor more than 44,000 accord ing to the U. S. Decennial Census of 1970 or any future such census.

HB 2023. By Representative Adams of the 79th:
A bill to levy and impose a sales and use tax of one percent, in addi tion to all other taxes of every kind now imposed by law, on all items, uses, and transactions subject to the provisions of the Georgia Retailers' and Consumers' Sales and Use Tax Act that occur in the County of Upson.

HB 2025. 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 so as to change the provisions relative to the compensation of the deputy clerk.

HB 2026. 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 so as to change the compensation of the tax commissioner.

HB 2030. By Representative Ross of the 76th:
A bill to amend an Act providing for the compensation of the Judge of the Probate Court of Warren County so as to change the provisions relating to the compensation of clerical help for the judge of the probate court.
HB 2039. By Representatives Taggart of the 125th, Hill of the 127th, Battle of the 124th and others:
A bill to amend an Act creating the Chatham County Water and Sewer Authority so as to change the numbers of members of said Chatham County Water and Sewer Authority and provide that one member must be a member of the Chatham County Commissioners and Ex Officio Judges Thereof, the governing authority of Chatham County.

HB 2057. By Representatives Cooper, Wilson and Kaley of the 19th and others:
A bill to amend an Act creating the Board of Commissioners of Paulding County so as to change the provisions relating to the compensation

2622

JOURNAL OF THE SENATE,
of the Chairman and other Commissioners; to provide for an annual local expense allowance for the Commissioners.

HB 2058. 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 Columbus and County of Muscogee so as to change the compensation of the judge of said court.

HB 2069. By Representatives Tuten of the 153rd and Auten of the 154th:
A bill to amend an Act amending the charter of the City of Brunswick so as to change the residency requirements of the recorder of the police court.

HB 2071. By Representatives Taggart of the 125th, Scott of the 123rd, Jones of the 126th and others:
A bill to abolish the office of Associate Judge of the Municipal Court of Savannah; to abolish the Municipal Court of Savannah; to abolish the office of Senior Judge of the Municipal Court of Savannah; to trans fer certain processes, cases, suits, books, papers, records, materials, indexes, property and personnel of the Municipal Court of Savannah to the State Court of Chatham County.

HB 2072. By Representatives Twiggs and Colwell of the 4th:
A bill to amend "an Act creating a new charter for the City of Young Harris so as to change the date of elections in said City.

HB 2077. By Representatives Hutchinson of the 133rd, Hatcher of the 131st, White of the 132nd and McCollum of the 134th:
A bill to amend the Charter of the City of Albany, so as to add to the corporate limits of the City of Albany.

HR 793. By Representatives Johnson and Glanton of the 66th: A resolution creating the Sand Hill Study Committee.

HR 40. By Representative Greer of the 43rd:
A resolution proposing an amendment to the Constitution so as to auth orize the governing authority of Fulton County to provide, from time to time, for the increase in retirement or pension benefits of persons who have at that time retired pursuant to any retirement system, annu ity and benefit fund, pension system or any similar system heretofore or hereafter created by or pursuant to law which is wholly or partially

MONDAY, MARCH 6, 1978

2623

supported by the funds of Fulton County and to appropriate county funds for such purposes.

HR 671. By Representative Reaves of the 147th:
A resolution proposing an amendment to the Constitution so as to exempt certain real property in Brooks County from ad valorem tax ation other than State ad valorem taxes.

HR 730. By Representatives Connell of the 87th, Dent of the 85th, Daniel of the 88th and Truluck of the 86th:
A resolution proposing an amendment to the Constitution so as provide that certain capital improvements of new manufacturing establishments and certain additions to such capital improvements of manufacturing establishments shall be exempt from county taxation for bonded in debtedness in Richmond County.

HR 776. By Representative Adams of the 79th:
A resolution proposing an amendment to the Constitution so as to auth orize the General Assembly to impose a sales and use tax of one percent on all items, uses and transactions now subject to the provisions of the Georgia Retailers' and Consumers' Sales and Use Tax Act that occur in the County of Upson.

HR 799. By Representatives Hawkins of the 50th, Richardson of the 52nd, Childs of the 51st and others:
A resolution proposing an amendment to the Constitution so as to cre ate the DeKalb County Retirement Home Authority for the purpose of acquiring, constructing, improving, equipping, altering, repairing, and maintaining retirement home facilities for lease or sale to nonprofit, tax exempt religious or charitable firms or corporations, with the power to borrow money and issue revenue bonds to finance the cost of accom plishing the foregoing.

HB 1515. By Representatives Bolster of the 30th, and Greer and Horton of the 43rd:
A bill to amend the Act approved August 13, 1924, providing a system of pensions and other benefits for members of paid fire departments in cities having' a population of more than 300,000 as disclosed by the United States Census of 1920, or any subsequent census.

HB 1516. By Representatives Bolster of the 30th, and Greer and Horton of the 43rd:
A bill to amend an Act approved February 15, 1933, providing pensions for members of police departments in cities having a population of 300,000 or more according to United States Census of 1920, or any sub sequent census thereof.

2624

JOURNAL OF THE SENATE,

HB 1517. By Representatives Bolster of the 30th, and Greer and Horton of the 43rd:
A bill to amend the Act approved August 20, 1927, providing that cities having a population of more than 300,000 according to the United States Decennial Census of 1970, or any such future census, shall furnish pensions to officers and employees.

HB 1913. By Representative Collins of the 144th:
A bill to amend an Act creating a Small Claims Court in each county of the State having a specified population so as to change the jurisdictional amount of the court.

The following local, uncontested bills of the House, favorably reported by the committee, were read the third time and put upon their passage:

HB 1601. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others: A bill to amend Georgia Code Title 34A, the Georgia Municipal Election Code, relating to the authority of any municipality lying wholly or partially within certain counties to authorize the county to conduct any election.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.

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

HB 1602. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others: A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb so as to change the qualification pro visions relative to Council Members, President of the Council, and Mayor holding or seeking any other elective office or holding a position of full-time employment.
The report 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.

MONDAY, MARCH 6, 1978

2625

HB 1610. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A bill to amend Section 2 of an Act known as "The Municipal Home Rule Act of 1965" so as to prohibit the General Assembly from enacting a local act to annex an area larger than forty acres or having more than 50 residents according to the latest United States 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1880. By Representatives Smith of the 42nd, and Horton and Carnes of the 43rd: A bill to amend an Act establishing a Charter for the City of Pairburn so as to provide for a change in the penalties upon conviction of the violation of any municipal ordinance in the Recorder's Court of the City of Fairburn.
The report 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 1599. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others: A bill to create a 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 Decennial Census of 1970 or any future United States Decennial Census, and to define its powers and duties.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1599:
A BILL
To be entitled an Act to create a County Board of Tax Assessors in any county of this State having a population of 600,000 or more accord ing to the United States Decennial Census of 1970 or any future such census, and to define its powers and duties; to provide for the appoint-

2626

JOURNAL OF THE SENATE,

ment, terms, compensation, and qualifications of members of the County
Board of Tax Assessors; to provide for the expenses of said board to be paid by the County; to provide for the transfer of all employees, personal and real property of the Joint City-County Board of Tax Assessors to the County Board of Tax Assessors; to establish County Boards of Equalization, and to define their powers and duties; to repeal an Act creating the Joint City-County Board of Tax Assessors in all counties having within their borders all or the greater part of the population of a municipality of a population of 300,000 or more, according to the United States Census of 1950 or any future census of the United States, approved February 15, 1952 (Ga. Laws 1952, p. 2825), as amended; to provide for other matters relative to the foregoing; to provide condi tions for the effectiveness of this Act and for an effective date; to provide
for sever ability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Definitions. These terms when used in this Act, shall have the following definitions unless a different meaning clearly
appears from the context:

"City" shall mean the largest municipality located completely or in part in any county to which this Act shall be applicable.

"Municipality" shall mean any municipality, other than the largest
municipality, which is located completely or in part in any county to which this Act shall be applicable.

"County" shall mean any county in this State having a population of more than 600,000 according to the United States Decennial Census
of 1970 or any future United States Decennial Census.

"County Board of Commissioners" shall mean the board of com missioners of any county to which this Act shall be applicable, or the governing authority of any such county having no board of commission ers.

"Board" means the County Board of Tax Assessors created by this Act.

Section 2. There is hereby created a County Board of Tax Assessors for the entire territorial area of the incorporated and unincorporated
county, and the entire territorial area of the city and of any municipality
which lies wholly or partially within the county, whether such areas lie
within said county or within any other county. Said board of tax as sessors shall consist of three co-equal members to be appointed by the County Board of Commissioners. The members of the Joint City-County
Board of Tax Assessors, at the time of the effective date of this Act, shall be and become members of the County Board of Tax Assessors, and shall serve out the respective terms for which they have been
elected. Thereafter, the term of office for each member appointed to the County Board of Tax Assessors shall be six years, and the terms shall be staggered such that one position shall become vacant on the County

MONDAY, MARCH 6, 1978

2627

Board of Tax Assessors every two years. The County Board of Com missioners shall make all appointments to the County Board of Tax Assessors for terms of six years, unless an appointment for a shorter period of time is necessary to achieve the staggered expiration of terms.

Section 3. Each member of the County Board of Tax Assessors
shall serve until his successor is duly appointed and qualified unless he becomes disqualified during his term of office or he is removed at an earlier date, in which event the County Board of Commissioners shall
appoint a successor to complete the term.

Section 4. Said members of the Board shall give their full time to the duties of the office and shall hold no other public office.

Section 5. Members of the County Board of Tax Assessors shall meet the following qualifications:
(a) No person shall serve as tax assessor who is less than 25 years of age.
(b) No person shall serve as tax assessor who is not a resident of the County, unless said person shall become a resident of the County within not more than six months following the date of taking office.
(c) No person shall serve as tax assessor who fails to meet the following qualifications upon taking office, unless such person meets the qualifications within one year of initially taking office:

(1) No person shall serve as tax assessor who does not hold a four-year degree or its equivalent from an accredited college or university.
(2) No person shall serve as tax assessor who does not have at least five years of experience in property appraisal covering at least three of the following six categories: residential property, industrial property, commercial property, agricultural property, special purpose properties, personal property.

(3) No person shall serve as tax assessor who does not possess knowledge of the methods and techniques used in developing real estate records and evaluating tax values, knowledge of the materials and methods used in residential, commercial and industrial building construction, and knowledge to plan an appraisal covering all types of real and personal property.

(4) No person shall serve as tax assessor unless he shall have successfully completed at least the elementary and advanced courses of the American Institute of Real Estate Appraisers or the Society of Real Estate Appraisers or the International Association of Asses sing Officers or Empire Real Estate Board or equivalent courses offered by other accredited professional groups, colleges or uni versities.
(5) No person shall serve as tax assessor unless he shall have successfully completed the Assessors' Certification Course No. I

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and the Assessors' Qualification Examination, which are prepared and administered by the State Revenue Commissioner, and shall meet the requirements of an Appraiser IV pursuant to the Act creating, providing and requiring a comprehensive, uniform state wide system for gathering information to be used as the basis for more uniform taxation within this State, approved April 6, 1972 (Ga. Laws 1972, p. 1104), as now or hereafter amended.

Provided, however, that the requirements of subsections (a), (b) and (c) of this Section shall not be applicable to those assessors who are properly serving on the Joint City-County Board of Tax Assessors at the effective date of this Act, until such time as their current terms shall expire.

Section 6. The members of the Board shall be paid as compensation for their services such an amount as may be fixed from time to time by the County Board of Commissioners, but such amount shall not be less than the compensation received by the county appointee at the effective date of this Act. The attendance at required approved ap praisal courses shall be part of their official duties and they shall be paid for each day in attendance at such courses and shall be allowed reasonable expenses necessarily incurred in connection therewith. The compensation of the members of said Board, and other such expenses as may be necessary to be incurred in the performance of the duties of the Board, shall be paid from the county treasury in the same manner as other payments by the county are made.
Section 7. In addition to any powers and responsibilities granted in this Act, said County Board of Tax Assessors shall be subject to and shall have all the duties, powers, authority and responsibility given to county tax assessors by Title 92, Chapter 69, Code of Georgia, as amended, in carrying out the purposes of this Act.
Section 8. It shall be the function and the duty of the County Board of Tax Assessors to fix the value of all property located within the entire territorial area of the incorporated and unincorporated county, and to fix the value of all property located within the city and within any municipality which lies wholly or partially within the county, whether such property lies within said county or within any other county, for all State, county, city, municipal, school or other tax purposes. They shall prepare and keep tax maps and other tax records, adopt and amend such rules and regulations as will establish an equitable and scientific system of assessing property for taxation; shall give notices of assessments as provided by law and perform any and all other duties relating to the assessment of taxable property as may be appropriate and necessary.
Section 9. The County Board of Tax Assessors, in assessing property for taxation, shall value same as required by Title 92, Chapter 57, Code of Georgia, as amended, and particularly by Sections 92-5701 and 92-5702, relating to the valuation of property for taxation.
Section 10. It shall be the duty of the Board to take whatever action is appropriate and necessary to equalize assessments placed upon

MONDAY, MARCH 6, 1978

2629

property and the tax resulting thereon. In the performance of this duty said Board shall have the power to reduce property assessments when it is necessary in connection with the equalization of taxes. When they
find, upon investigation, that any property has been assessed in excess of its fair market value or that the taxpayer has been assessed taxes in excess of taxes due on such fair market value, they shall enter same on the minutes of the Board.

Section 11. Upon a determination made by the Board that a tax payer has returned his property at an amount in excess of its fair market value or has been assessed taxes in excess of the amount due, the 'Chairman shall certify such finding to the governmental authorities of the County and to the tax collector. Whereupon it shall be the duty of such tax collector to give appropriate credit for the adjustment on his records and, if the taxes have been paid, it shall be the duty of the appropriate governing authority to refund to the taxpayer such amounts
as may be certified by the Secretary of said Board.

Section 12. The action of the Board in connection with the au thorities conveyed in the two preceding paragraphs shall be considered discretionary and shall not vest any rights to such adjustments and refunds.
Section 13. Such adjustments as may be made by the Board shall relate to taxes where an error has been found within the statute of limitations.
Section 14. County Boards of Equalization shall be established in the County, pursuant to Code of Georgia, Section 92-6912. The review and equalization of assessments shall be handled as provided in Title 92, Chapter 69, Code of Georgia, as amended.
Section 15. The County Board of Tax Assessors shall have the authority with the approval of the Board of Commissioners to provide additional facilities and appoint additional or temporary personnel needed to support the Boards of Equalization established pursuant to this Act.
Section 16. All notices, summons, and subpoenas issued by the County Board of Tax Assessors may be served by depositing the same in the United States mail, properly stamped and addressed to the person thereby served at his last known address. Proof of such mailing shall be sufficient evidence of such service unless the person served or notified shall make it appear that such letter or notice was not received.
Section 17. The County Board of Commissioners shall designate one member of the County Board of Tax Assessors as Chairman and chief administrative officer of the Office of Tax Assessors. The Chair man of the County Board of Tax Assessors shall be responsible for all administrative duties of said Board with the exception of the duties of the evaluation of properties and the assessment of taxes and shall receive additional compensation for said responsibilities as fixed by the Board of Commissioners. All employees of the County Board of Tax

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JOURNAL OF THE SENATE,

Assessors shall be subject to and under the supervision and direction of the Chairman.

Section 18. All employees of the County Board of Tax Assessors shall be paid and provided by the County.

Section 19. All physical facilities, obligations, debts, assets, records, employees, causes of action, rights, and all other personal or real property of the Joint City-County Board of Tax Assessors are hereby transferred to the County Board of Tax Assessors.

Section 20. Persons who are full-time permanent employees of the Joint City-County Board of Tax Assessors shall have the right to enter the employment of the County Board of Tax Assessors, without any lapse or hiatus in their employment, on the terms provided herein. The terms of this Section shall apply only to those positions with the Joint City-County Board of Tax Assessors which are abolished by the dis solution of the Joint City-County Board of Tax Assessors. No employee transferred to the County Board of Tax Assessors shall suffer a decrease in salary, accumulated vacation or sick leave, or other rights as a result of being transferred. All transferred employees shall be assigned by the County Board of Tax Assessors to positions of employment similar to those occupied by the employees with the Joint City-County Board of Tax Assessors. After being so assigned, all such employees shall be subject to the civil service laws and regulations of the County. For any purpose involving seniority or requiring computation of the period of employment, the former employment with the Joint City-County Board of Tax Assessors shall be given the same effect as employment with the County government. Nothing in this Section shall affect the power of the chief administrative officer of the Office of Tax Assessors or other duly authorized officer to dismiss employees for grounds set forth in existing laws and regulations.

Section 21. As to pension and retirement rights and benefits of employees being transferred from the City to the County, all creditable service with the Pension Fund of his former employer shall be credited with the Pension Fund of his new employer in accordance with the following procedure.

Within thirty (30) days from the date such employee is transferred, the Secretary of the Pension Fund of the former employer shall certify to the Secretary of the Pension Fund of the new employer the total number of years of service, including fractional parts of years, accrued to the credit of each such employee; the amount due such Pension Fund by each such employee for such credit, if any; the amount of accumulated employee contributions; and the amount of employer matching contri
butions. Said Secretary shall transfer all funds contributed by said employee, together with all employer matching contributions, to the Secretary of the Pension Board of the new employer. In the event that such employee shall owe any sum for prior service credits, said sum shall be payable by such employee to the Pension Fund of the new employer. In the event that any employee shall have withdrawn any amounts contributed by him to the Pension Fund of his former employer, the certification of the Secretary of such Pension Fund shall indicate

MONDAY, MARCH 6, 1978

2631

the amount of such contributions withdrawn and the amount of funds transferred to the Secretary of the Pension Fund of the new employer shall not include such amounts withdrawn by the employee, but shall be payable by the employee to the Pension Fund of the new employer upon his transfer or at the option of the Board of Trustees of the Pension Fund of the new employer, such payment may be deferred and paid in equal installments over a period of sixty (60) months with interest at the rate of seven percent (7%) per annum. Upon the date of transfer, the transferred employee shall become a member of the Pension Fund of his new employer and shall have his rights and obligations determined in accordance with the most recent amendments to such Pension Fund, but shall be entitled to receive no less benefits from such Pension Fund than he would have been entitled to receive under the most recent amendments to the Pension Fund of his former employer on the day prior to his transfer. Upon such certification and transfer of funds, as provided above, such employee shall become entitled to credit for all years of service which may have accrued to him with his former em ployer to the same extent as if such service had been rendered to his new employer, without the payment of additional contributions (other than amounts previously due for prior service credits or amounts due for withdrawn contributions). The funds transferred in accordance with the above provisions shall become the property of the Pension Fund of the new employer.

Section 22. An Act creating a Joint City-County Board of Tax Assessors in all counties of this State having within its boundaries all or the greater part of the population of a city with a population of 300,000 or more according to the U. S. Census of 1950, or any future United States census, approved February 15, 1952 (Ga. Laws 1952;, p. 2825), as amended, is hereby repealed in its entirety. Provided however, that any action taken by the Joint City-County Board of Tax Assessors created by the aforementioned 1952 Act prior to the effective date of this Act, is hereby ratified and confirmed; and, provided further, that nothing in this Act shall affect any arbitration proceeding which may be presently pending on either an administrative level or in the courts of this State.
Section 23. This Act shall become effective only if an amend ment to the Constitution authorizing the General Assembly to provide for the assessment of property in any county of this State having a population of 600,000 or more according to the United States Decen nial Census of 1970, or any future such census, is ratified at the 1978 general election. If said amendment to the Constitution is so ratified, this Act shall become effective on January 1, 1979.

Section 24. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or uncon stitutional, such adjudication shall in no manner affect the other sec tions, 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.

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JOURNAL OF THE SENATE,

Section 25. 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 1600. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A bill to require the Tax Commissioner of Fulton County to receive tax returns for all taxable property of each of the municipalities lying wholly or partially within Fulton County; to provide for the use of consolidated tax return forms; to require the preparation of digests from such returns.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1600:
A BILL
To be entitled an Act to require the Tax Commissioner of Fulton County to receive tax returns for all taxable property of certain mu nicipalities lying wholly or partially within Fulton County; to provide for the applicability of this Act; to provide for the use of consolidated tax return forms; to require the preparation of digests from such re turns; to require the Tax Commissioner of Fulton County to bill for all taxes due to each such municipality; to provide for the payment of taxes by certain due dates; to provide for the collection of delinquent taxes; to require the Tax Commissioner of Fulton County to perform the services provided for in this Act at no charge to such municipalities to which said services are provided; to provide for paying over to each such municipality all sums collected by the Tax Commissioner on behalf of such municipality; to provide for the apportionment of partial pay ments; to provide access to the records of the Tax Commissioner; to provide for other matters relative to the foregoing; to provide the con ditions upon which this Act shall be effective and for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

MONDAY, MARCH 6, 1978

2633

Section 1. (a) Except as hereinafter provided, the provisions of this Act shall apply only to those municipalities lying wholly or partially within Fulton County which consent to allowing the Tax Commissioner of Fulton County to receive the tax returns and collect the taxes of such municipalities as provided in this Act. Each such municipality may grant such consent by appropriate resolution duly adopted by its gov erning authority, and such resolution shall specify the effective date that the Tax Commissioner shall begin receiving tax returns and col lecting the taxes of such municipality. Before such resolution shall be binding on the Tax Commissioner, the governing authority of any mu nicipality adopting such a resolution must give advance written notice to the Tax Commissioner of at least 120 days prior to January 1 of the first fiscal year for which the Tax Commissioner shall begin collecting taxes for said municipality. However, such resolution shall not require the Tax Commissioner of Fulton County to bill and collect taxes due to any municipality for any tax year prior to 1980 if said municipality is not provided such services prior to the effective date of this Act.

(b) Any resolution granting consent to allow the Tax Commis sioner to receive tax returns and collect taxes of a municipality may be repealed by appropriate resolution duly adopted by the governing authority of the affected municipality, and such repealing resolution shall specify the effective date that the Tax Commissioner shall cease receiving the tax returns and collecting taxes of such municipality, and such repealing resolution shall apply to all taxes as of the effective date of such repealer, including all delinquent taxes. Provided, however, such effective date shall not precede January 1 of the year following the adoption date of the resolution, and to be effective, the governing authority of such municipality must give advance written notice to the Tax Commissioner of at least 90 days prior to such effective date.

(c) If the Tax Commissioner of Fulton County was receiving the tax returns and collecting the taxes of any municipality on the effec tive date of this Act, then the Tax Commissioner shall continue to re ceive the tax returns and collect the taxes of such municipality, and such municipality shall be subject to the provisions of this Act.

(d) As hereinafter used in this Act, the word "municipality" or "municipalities" mean only those municipalities which have granted consent, as provided by this Section, to allow the Tax Commissioner of Fulton County to receive the tax returns and collect the taxes of such municipalities, and any municipality lying wholly or partially within Fulton County for which the Tax Commissioner of Fulton County was receiving tax returns and collecting taxes on the effective date of this Act.

Section 2. Notwithstanding any other provision of this Act, the Tax Commissioner of Fulton County shall not be responsible for re ceiving tax returns of any municipality lying wholly within another county, which subsequent to the effective date of this Act, shall annex or incorporate any area within Fulton County.

Section 3'. The Tax Commissioner of Fulton County shall receive all tax returns for municipalities lying wholly or partially within Fulton

2634

JOURNAL OP THE SENATE,

County for all taxable property lying within said municipalities. It
shall be the duty of such officer to prepare consolidated tax return forms providing for the return of all taxable property in Fulton County for taxation by the State of Georgia, Fulton County and municipalities lying wholly or partially within Fulton County and to cause such con solidated return forms to be used for the return of such property. It shall be the duty of such officer to prepare tax return forms providing for the return of all taxable property, lying within another county, of any municipality which lies partially within Fulton County and par tially within another county, and to cause such return forms to be used for the return of such property.

Section 4. The municipal tax returns for all municipalities lying wholly or partially within Fulton County shall be due on the date the Fulton County tax returns are due as required by law.

Section 5. The municipal homestead exemptions for all municipali ties lying wholly or partially within Fulton County shall be filed in the office of the Tax Commissioner of Fulton County and be subject to ap proval by the Fulton County Board of Tax Assessors. All municipal homestead exemption applications shall be filed during the period estab lished for Fulton County homestead exemption filing dates, by State law.

Section 6. From such returns, the Tax Commissioner of Fulton County shall prepare a county digest of all such property returned, as required by law, and upon request of the governing authority of any municipality, the Tax Commissioner shall also prepare a digest as of the initial billing date, of property located within such municipality, and a copy of such digest shall be furnished to the governing authority of each such municipality.

Section 7. The Tax Commissioner of Fulton County shall bill all taxes which shall have been assessed by the appropriate authority or authorities and are due to each municipality lying wholly or partially within Fulton County, on all property lying within each such munici pality. The Tax Commissioner shall also collect all payments of such taxes including interest and fi. fa. costs thereon.

Section 8. The Tax Commissioner of Fulton County, as ex officio sheriff of Fulton County, shall collect all delinquent taxes due to each municipality lying wholly or partially within Fulton County, with all the powers and authorities of a municipal revenue collector. When taxes are due and delinquent to a municipality lying wholly or partially with in Fulton County on property taxable by such municipality, the Tax Commissioner may advertise for sale and sell such property. To enable him to collect the taxes due to any municipality lying wholly or par tially within Fulton County, the Tax Commissioner of Fulton County shall have complete jurisdiction and authority to bring property lying within any such municipality to sale within Fulton County. Sales made by the Tax Commissioner of Fulton County shall be valid and shall carry the title to the property thus sold, whether such property lies within Fulton County or within any other county.

MONDAY, MARCH 6, 1978

2635

Section 9. (a) Except as hereinafter provided, the Tax Commis
sioner of Fulton County shall provide the services set forth in this Act, including the preparation of tax forms, billing for taxes, the receiving of returns and the collection of current and delinquent taxes, with no charge to, or compensation from, the municipalities to which said serv ices are provided.

(b) The commissions or fees deducted by county tax receivers and collectors or county tax commissioners for services performed on behalf of municipalities in collecting ad valorem taxes on motor vehicles and in recording and collecting intangible taxes, as set forth in the general laws of this State, shall be deducted by the Tax Commissioner of Fulton County for such services performed on behalf of any municipality sub ject to the provisions of this Act, including any such municipality elect ing to have said Tax Commissioner receive its tax returns and collect its taxes as provided in subsection (a) of Section 1 of this Act and in cluding any municipality subject to the provisions of subsection (c) of Section 1 of this Act. Any fees or commissions deducted by the Tax Commissioner of Fulton County pursuant to this subsection shall be remitted to the Treasurer of Fulton County.

(c) When the Tax Commissioner of Fulton County receives tax returns and collects taxes pursuant to this Act on behalf of a munici pality whose corporate limits include territory within a county other than Fulton, said Tax Commissioner shall deduct from the taxes other wise payable to such municipality a fee for receiving returns and col lecting the taxes of such municipality within that portion of its cor porate limits lying within such county other than Fulton. The amount of such fee shall be the portion of the costs of operating the office of Tax Commissioner of Fulton County which is attributable to the costs of receiving tax returns and collecting taxes on behalf of such munici pality within that portion of its corporate limits lying within such county other than Fulton. Any fees deducted by the Tax Commissioner of Fulton County pursuant to this subsection shall be remitted to the Treasurer of Fulton County.

Section 10. The Tax Commissioner of Fulton County shall pay over to the treasurer of each municipality lying wholly or partially within Fulton County all sums collected by him for said municipality not later than the fifteenth day of the month following the month of collection and at the same time furnish a statement of such collection to the comptroller, or like official, of said municipality.

Section 11. All taxes due to the State of Georgia on taxable prop erty in Fulton County and all taxes due to Fulton County, Fulton County school districts, and to each municipality lying wholly or partially with in Fulton County shall be due, in accordance with the existing due dates established for said taxes, except the due dates and date of execution for all taxes due to municipalities lying wholly or partially within Ful ton County shall be the same as the due date and date of execution of the largest municipality lying wholly or partially within Fulton County.

Section 12. All such taxes due to the State of Georgia on any parcel of taxable property within Fulton County, and all taxes due to Fulton

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County, Fulton County school districts, and to any municipality lying
wholly or partially within Fulton County shall be shown on a tax bill, a copy of which shall be mailed to the person subject to such taxes at the last address entered on the records of the Tax Commissioner of Ful ton County.

Section 13. All payments that are not allocated to the municipal taxes or to the State and county taxes shall be apportioned by the Tax Commissioner of Fulton County among the State of Georgia, Fulton County, Fulton County school districts, and each municipality lying
wholly or partially within Fulton County, subject to any requirement of State law.

Section 14. The records of the Tax Commissioner of Fulton County with respect to property or property owners of any municipality lying wholly or partially within Fulton County, and taxes due to said munic ipality, shall be available at all business hours to duly authorized rep resentatives of each said municipality.
Section 15. The governing authorities of each municipality lying wholly or partially within Fulton County shall furnish to the Tax Com missioner of Fulton County, each year, such information concerning the nature and classification of property subject to taxation by said mu nicipality as will enable the said officer to prepare a consolidated tax return form for the ensuing year and shall furnish the Tax Commis sioner of Fulton County, each year, not later than May 15, such informa tion as to the levying of taxes and the fixing of tax rates by the mu nicipality as will enable such officer to prepare tax statements and col lect taxes due to the municipality on such consolidated tax returns.
Section 16. The taxes referred to herein to be collected by the Tax Commissioner of Fulton County shall mean any ad valorem tax shown to be due on the returns filed by the taxpayers as corrected by the county board of tax assessors and on assessments made by said county board.
Section 17. The Tax Commissioner of Fulton County shall continue to collect any sanitary service charge for any municipality receiving said service prior to the effective date of this Act, and no provision of this Act shall prohibit or change the basis upon which such collection services are now or may be provided by the Tax Commissioner of Fulton County.
Section 18. The Tax Commissioner of Fulton County shall, upon request, give a bond to each municipality lying wholly or partially with in Fulton County, conditioned upon the payment to said municipality of all sums collected by him for and on behalf of said municipality as provided by this Act. The sum of each bond shall be as determined by law or ordinance and the cost of such bond shall be paid by the request ing municipality.
Section 19. Whenever any authority vested with such power makes a determination that a taxpayer has overpaid his municipal taxes, the

MONDAY, MARCH 6, 1978

2637

Tax Commissioner shall provide the municipality so affected with de tailed information concerning the determination that an overcharge has been paid, and the municipality shall then be responsible for re funding such overpayment.

Section 20. This Act shall become effective only if an amendment to the Constitution authorizing the General Assembly to require the tax receiver, tax collector, or tax commissioner of any county of this State having a population of 600,000 or more according to the United States decennial census of 1970, or any future such census, to receive tax returns and collect taxes due to any or all consenting municipalities located wholly or partially within such county at no charge to said mu nicipalities is ratified at the 1978 general election. If said amendment to the Constitution is so ratified, this Act shall become effective on January 1, 1979.

Section 21. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 22. 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 substi tute 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 1603. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A bill to provide the procedures for the preparation and annual updating by the Fulton County governing authority of a countywide framework plan for all of incorporated and unincorporated Fulton County.

2638

JOURNAL OF THE SENATE,

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1603:

A BILL
To be entitled an Act to provide the procedures for the preparation and annual updating by the Fulton County governing authority of a comprehensive plan for all of unincorporated Fulton County; to provide for a countywide framework plan composed of such comprehensive plan and the adopted comprehensive plans of each municipality in Fulton County which has developed and maintained a comprehensive plan to gether with maps with uniform levels of detail for proposed predom inant land use and development patterns, and proposed major public facilities; to provide conditions for the effectiveness of this Act and 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. The Fulton County governing authority shall prepare and annually update a comprehensive plan for all unincorporated por tions of Fulton County. The Fulton County governing authority shall also prepare a countywide framework plan which shall serve as a formal mechanism for achieving continuing communication and coordination among the local governments of Fulton County so as to accomplish the coordinated, adjusted, and harmonious physical growth and development of Fulton County. Each municipality located wholly or partially within Fulton County shall designate a representative to work with and to assist the Fulton County governing authority in the preparation and annual updating of the countywide framework plan. Provided, however, that nothing herein shall be deemed to grant to the Fulton County gov erning authority any power to make planning or zoning determinations for areas within the jurisdiction of any incorporated municipality.

The countywide framework plan shall include the adopted com prehensive development plans of each municipality, located wholly or partially within Fulton County, which has developed and maintained a comprehensive development plan. The countywide framework plan shall also include a comprehensive plan prepared by the Fulton County gov erning authority for the unincorporated portion of Fulton County and shall illustrate the goals and objectives of such comprehensive plans with at least three maps and other descriptive materials. The goals and objectives of the countywide framework plan shall reflect the policies embodied in the adopted comprehensive plans and shall be formulated to advance conditions favorable to health, safety, neighborhood preser vation, prosperity, civic activities, recreational opportunities, educa tional opportunities, and cultural opportunities. The three maps which must be included in the countywide development plan shall depict the following countywide development objectives:

(a) One map shall depict and identify proposed predominant land use and development patterns. Said map must be comparable in detail

MONDAY, MARCH 6, 1978

2639

for all areas of the county, and shall conform to the adopted planning and zoning maps of each municipality.

(b) One map shall depict and identify proposed major transporta
tion facilities and networks including, but not limited to, streets, water ways, railways, airports, and rapid transit lines. Said map mus.t be comparable in detail for all areas of the county, and shall conform to the adopted transportation plans of each municipality in the county.

(c) One map shall depict and identify the proposed major public facilities including, but not limited to, public parks, recreation and open space areas, trunkline water distribution and trunkline wastewater collection facilities, and other public sites, uses, and facilities which are of more than local community significance. Said map must be com parable in detail for all areas of the county, and shall conform to the adopted plans of affected municipalities.

Section 2. Nothing in this Act shall be construed to limit or repeal any planning or zoning or other governmental powers now exercised by any municipality within Fulton County.

Section 3. This Act shall become effective only if an amendment to the Constitution authorizing the General Assembly to require the governing authority of any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census to prepare a countywide framework plan is ratified at the 1978 general election. If said amendment to the Con stitution is so ratified, this Act shall become effective January 1, 1979.

Section 4. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 5. 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 substi tute 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.

2640

JOURNAL OF THE SENATE,

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

HB 1606. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A bill to provide the procedures for the County operation, maintenance, and funding of all public garbage disposal systems located within un incorporated Fulton County or within any municipality located wholly or partially within Fulton County.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1606:
A BILL
To be entitled an Act to provide the procedures for the County operation, maintenance, and funding of all public garbage disposal sys tems located within unincorporated Fulton County or within any municipality located wholly or partially within Fulton County; to pro vide the procedures for the transfer of all existing municipally owned or operated sanitary landfills or garbage disposal systems, together with the personal property, debts, assets and employees thereof, to Fulton County; to provide that Fulton County shall be responsible for paying any bond debt service requirements on any property transferred pursuant to this Act; to provide conditions for the effectiveness of this Act and for an effective date; to provide for an exception hereto; to provide for severability; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. As used in this Act, the term "garbage disposal system" shall include sanitary landfill areas, motor vehicles, and all other land, materials, equipment, supplies, and personnel that may be necessary to dispose of garbage, refuse, and industrial and construction waste.
Section 2. The provisions of this Act shall not be applicable to solid waste collection, volume reduction facilities and equipment, in active incinerator facilities, or transfer equipment, stations, or sites, nor shall the provisions of this Act be applicable to the City of East Point.
Section 3. After midnight December 31, 1978, all public garbage disposal systems in unincorporated Fulton County and within all parts of any municipality located wholly or partially within Fulton County shall be maintained, operated, funded, and continued in existence by Fulton County, and no municipality located wholly or partially within Fulton County may operate a public garbage disposal system.
Section 4. Fulton County shall establish uniform user fees and

MONDAY, MARCH 6, 1978

2641

rates for public, private or commercial use of any public garbage dis posal system operated by the County.

Section 5. On or before January 1, 1979, each municipality located wholly or partially within Fulton County, which operates a garbage disposal system shall transfer to Fulton County all assets, records, em ployees, causes of action, rights, obligation, debts, and all other personal property used in the normal operation of the said garbage disposal system.

Section 6. Except as otherwise provided in this Act, on or before January 1, 1979, each municipality located wholly or partially within Fulton County, which operates a garbage disposal system shall trans fer to Fulton County, the legal title to all real property utilized for the garbage disposal system, together with all rights and appurtenances thereto and subject to all liens and encumbrances thereon. In the event Fulton County shall fail to use, by January 1, 1980, or shall discontinue to use, any real property transferred pursuant to this Section for a garbage disposal system, legal title to said real property will auto matically revert to the transferring municipality.

Section 7. On or before January 1, 1979, each municipality located wholly or partially within Fulton County, shall lease to Fulton County all real property subject to bond debt service requirements, which is used by said municipality as part of a garbage disposal system. During the term of said lease, Fulton County shall make lease payments on said property in an amount equal to the bond debt service. Upon dis charge and retirement of said bonds, the municipality shall transfer legal title to the real property to Fulton County pursuant to the pro cedures established in Section 6 of this Act.

Section 8. Persons who are full-time, permanent employees of_ any municipally operated garbage disposal system transferred to Fulton County pursuant to this Act, shall have the right to enter the employ ment of Fulton County without any lapse or hiatus in their employment on the terms provided herein. The terms of this paragraph shall apply only to those positions with an existing municipality which are abol ished by the transfer of the garbage disposal system. No employee transferred to Fulton County shall suffer a decrease in salary as a result of being transferred. All transferred employees shall be assigned by the County government to a position of employment similar to that occupied by the employee with the former system. After being so as signed, all such employees shall be subject to the Civil Service laws and regulations of the County. For any purpose involving seniority or re quiring computation of the period of employment, the former employ ment with the municipality shall be given the same effect as employ
ment with the County government.

Section 9. As to pension and retirement rights and benefits of em ployees being transferred from a municipality to the county, all credit able service with the Pension Fund of his former employer shall be credited with the Pension Fund of his new employer in accordance with
the following procedure.

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Within thirty (30) days from the date such employee is trans
ferred, the Secretary of the Pension Fund of the former employer shall certify to the Secretary of the Pension Fund of the new employer the total number of years of service, including fractional parts of years, accrued to the credit of each such employee; the amount due such Pension Fund by each such employee for such credit, if any; the amount of accumulated employee contributions; and the amount of employer matching contributions. Said Secretary shall transfer all funds con tributed by said employee, together with all employer matching contri butions, to the Secretary of the Pension Board of the new employer. In the event that such employee shall owe any sum for prior service credits, said sum shall be payable by such employee to the Pension Fund of the new employer. In the event that any employee shall have with drawn any amounts contributed by him to the Pension Fund of his former employer, the certification of the Secretary of such Pension Fund shall indicate the amount of such contributions withdrawn and the amount of funds transferred to the Secretary of the Pension Fund of the new employer shall not include such amounts withdrawn by the employee, but shall be payable by the employee to the Pension Fund of the new employer upon his transfer or at the option of the Board of Trustees of the Pension Fund of the new employer, such payment may be deferred and paid in equal installments over a period of sixty (60) months with interest at the rate of seven percent (7%) per annum. Upon the date of transfer, the transferred employee shall become a member of the Pension Fund of his new employer and shall have his rights and obligations determined in accordance with the most recent amendments to such Pension Fund, but shall be entitled to receive no less benefits from such Pension Fund than would have been entitled to receive under the most recent amendments to the Pension Fund of his former employer on the day prior to his transfer. Upon such certi fication and transfer of funds, as provided above, such employee shall become entitled to credit for all years of service which may have accrued to him with his former employer to the same extent as if such service had been rendered to his new employer, without the payment of addi tional contributions (other than amounts previously due for prior service credits or amounts due for withdrawn contributions). The funds transferred in accordance with the above provisions shall become the property of the Pension Fund of the new employer.

Section 10. This Act shall become effective only if an amendment to the Constitution providing for the transfer of all existing municipally owned or operated sanitary landfills or garbage disposal systems lo cated within the unincorporated area of any county of this State having a population of 600,000 or more according to the United States Decen nial Census of 1970 or any future such census or within any municipality located wholly or partially within such county and providing for matters relative thereto is ratified at the 1978 general election. If said amend ment to the Constitution is so ratified, this Act shall become effective on January 1, 1979.

Section 11. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the section, subsection, sentence,

MONDAY, MARCH 6, 1978

2643

clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby de clares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 12. 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- 2, 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.

On the passage of the bill, the President ordered a roll call, 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 6th Dean of 31st Doss Duncan Eldridge English Evans
Foster

Gillis Hill Holloway Howard Hudgins Hudson 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 Wessles

Voting in the negative were Senators Brantley and Johnson.

Those not voting were Senators:

Ballard Bond

Fincher Greene

Traylor

On the passage of the bill, the yeas were 49, nays 2.

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

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HB 1607. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A bill to create the Unified Atlanta-Fulton County Water and Sewer System; to provide a short title for this Act ("Unified Atlanta-Fulton County Water and Sewer System Act"); to provide for the definition of terms used in this Act; to provide for the powers and property of such system; to provide for the acquisition and transfer of property to such system.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1607:
A BILL
To be entitled an Act to create the Unified Atlanta-Fulton County Water and Sewer System; to provide a short title for this Act; to pro vide for the definition of terms used in this Act; to provide for the powers and property of such system; to provide for the acquisition and transfer of property to such system; to provide for uniformity of rates, fees, charges, and assessments; to provide that the City of Atlanta shall own, operate, manage, and finance the Atlanta-Fulton County Water and Sewer System; to prohibit the operation of any other water or sewer system by either the City of Atlanta or Fulton County; to cre ate the Atlanta-Fulton County Water and Sewer System Board; to provide for the powers and duties of said board; to provide for the com position and for the manner of appointment of members to said board; to provide for rules and regulations; to provide for the payment or refunding of outstanding revenue bonds of the City of Atlanta, Fulton County and other municipalities which join said system; to provide conditions for the effectiveness of this Act and 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. Short Title. This Act shall be known and may be cited as the "Unified Atlanta-Fulton County Water and Sewer System Act."
Section 2. System Created. The water and sewer systems of the City of Atlanta and Fulton County are hereby merged into a single unified system to be known as the "Atlanta-Fulton County Water and Sewer System," which shall be owned, managed, maintained, operated and financed by the City of Atlanta, pursuant to authority granted to the City of Atlanta by the Constitution and general or local laws of this State.
Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings:
(a) The terms "Atlanta-Fulton County Water and Sewer System", or "Atlanta-Fulton County System", or "System" shall mean the

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Atlanta-Fulton County Water and Sewer System created by Section 2 of this Act.

(b) The word "Board" shall mean the Atlanta-Fulton County Wa ter and Sewer System Board which shall have the sole responsibility for developing a long-range, comprehensive water and sewer develop ment plan for Fulton County.

(c) The term "service area" shall mean the geographical area em braced as of May 31, 1979, where water or sewer services, or both, are furnished to retail customers by the City of Atlanta water and sewer systems and the Fulton County water and sewer systems and such ad ditional geographical area as may thereafter be included in, and added to the Atlanta-Fulton County Water and Sewer System.

Section 4. Purpose of the Atlanta-Fulton County System. Without limiting the generality of any provision of this Act, the general purpose of the Atlanta-Fulton County System is declared to be that of acquir ing an adequate source or sources of water supply and purification of such water, and thereafter the distribution of the same throughout the service area, and to the municipalities lying wholly or partially within Fulton County, and further for the general purpose of gathering and treatment of waste from individuals, municipalities and industry. These provisions shall be construed to mean that all individual sections and areas of the County shall have access to the Atlanta-Fulton County System and the reasonable expansion thereof on the basis of equal con sideration. Selling and delivering water directly to consumers in those areas of Fulton County where there do not now exist water distribution systems and furnishing sewer facilities to such customers is a primary objective of the Atlanta-Fulton County System.

Section 5. Limitations, (a) Other than within the service area, the Atlanta-Fulton County System shall not have the power or authority to construct water lines for the distribution of water directly to cus tomers within any municipality, without first obtaining the express written consent of the appropriate governing body of such municipality.

(b) Other than within the service area, the Atlanta-Fulton County System shall not have the power or authority to construct sewer lines for the collection of waste and sewage directly from customers within any municipality, without first obtaining the express written consent of the appropriate governing body of such municipality.

Section 6. Rates, Charges and Revenues, (a) The City of Atlanta shall have the power to prescribe and fix rates and assessments and to revise the same from time to time, and to collect fees, assessments, tolls and charges for the services, facilities and commodities furnished under the provisions of this Act. The City of Atlanta shall establish and maintain uniform rates and assessments for all retail customers of the Atlanta-Fulton County System within the City of Atlanta and Fulton County and within any municipality lying wholly or partially within Fulton County, and maintain uniform rates and assessments for all wholesale customers of the Atlanta-Fulton County System within the City of Atlanta and Fulton County and within all municipalities lying

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wholly or partially within Fulton County, including such municipalities
themselves. Rates, assessments, and charges shall be based on the cost of operating, maintaining, replacing, adding to or extending, improving, and financing the system, and the cost of providing the reasonable ex pansion of the system. The uniform wholesale rate shall be defined as the uniform retail rate less the cost of customer service, which shall include, but not be limited to, the cost of administrative overhead and of serving lateral mains.

(b) All revenues of the system shall be used or reserved for use exclusively for operation, maintenance, replacements, additions, exten sions, improvements, and financing of the system, and no such revenues shall be used directly or indirectly to finance any other governmental service, except as otherwise provided in City of Atlanta bond covenants existing on May 31, 1979.

(c) Any excess revenues of the system, after paying all costs of operation, maintenance, replacements, additions, extensions, and im provements of the System, costs and reserves necessary for financing the system, and monies used to acquire or call for redemption or other wise pay the principal of or interest on any bonds issued to finance the System shall be used to reduce water and sewer rates.

Section 7. Independent Rate Study. Immediately upon the creation of the Atlanta-Fulton County System, the City of Atlanta shall con tract with an independent entity to conduct a study and to make recomdations concerning the uniform retail rates and the uniform wholesale rates.
Section 8. Municipalities Requesting Services, (a) Any munici pality lying wholly or partially within Fulton County which maintains, owns or operates a water and sewer system, may request and require the Atlanta-Fulton County System to furnish water and sewer services to said municipality at the uniform wholesale rate. Except for the pro vision of such water and sewer services at wholesale rates to munici palities lying within Fulton County, any such municipality shall not unilaterally require the Atlanta-Fulton County System to furnish water or sewer services for customers residing outside the service area of the Atlanta-Fulton County System.

(b) The Atlanta-Fulton County System shall not be required, except with its consent and by contract, to advance any funds or incur any expense in providing the services pursuant to this Section.

Section 9. Transfer of Property from County. On or before June 1 1979, Fulton County shall transfer and convey by appropriate instru ment to the City of Atlanta for the operation of the Atlanta-Fulton County System all assets, funds, bond proceeds, records, employees, causes of action, rights, contractual obligations, accounts payable (ex cept outstanding revenue bonds of Fulton County which shall be gov erned by the provisions of Sections 18(a) and 18(b)), and all other real and personal property in any way used in, related to or arising out of the operation of the Fulton County Water and Sewer Systems. All monies heretofore collected and held in escrow as of one month after

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the effectiveness of this Act by the City of Atlanta from residents of Fulton County, outside the City of Atlanta, as a surcharge for water services for the purposes of repaying revenue bonds issued by Fulton
County shall be used by the Atlanta-Fulton County Water and Sewer System for replacements, additions, extensions and improvements for that portion of the Atlanta-Fulton County System lying in the geo graphical area from the residents of which such monies were collected, within two years of the effectiveness of this Act. The Atlanta-Fulton County Water and Sewer System Board and the governing authority of Fulton County shall, by mutual agreement, determine the exact use of such monies in said area, and in conformity with this Section. As of one month after the effectiveness of this Act, said surcharge will cease to be collected.

Section 10. Existing System of the City. On or before June 1, 1979, all assets, records, employees, causes of action, rights, contractual obligations, debts and all other real and personal property used in the operation of the City of Atlanta Water and Sewer System, shall remain in that system which shall become the Atlanta-Fulton County System established by this Act.

Section 11. Operation of Other Systems, Prohibited. After mid night May 31, 1979, the City of Atlanta and Fulton County shall be prohibited from owning and operating any water and sewer system other than the Atlanta-Fulton County System.

Section 12. Right of Municipalities to Join the System. On or before June 1, 1981, any municipality lying wholly or partially within Fulton County which maintains, owns or operates a water or sewer
system or both shall have the right to join the Atlanta-Fulton County Water and Sewer System. After June 1, 1981, any such municipalities may join the Atlanta-Fulton County Water and Sewer System with the approval of the governing authority of the City of Atlanta. Upon joining the Atlanta-Fulton County System, all services within said sys tem shall be provided by the Atlanta-Fulton County System, and said municipality will be subject to the regulations and restrictions imposed upon the City of Atlanta and Fulton County by this Act. Upon joining the Atlanta-Fulton County System, such municipality shall transfer, by appropriate instrument, to the City of Atlanta for the operation of the Atlanta-Fulton County System all assets, funds, bond proceeds, records, employees, causes of action, rights, contractual obligations, accounts payable (except outstanding revenue bonds of said munici pality which shall be governed by the provisions of Section 19) and all other personal property in any way used in, or related to, or arising out of the operation of the municipal water and sewer system.

Section 13. Transferring Existing Facilities to Another System. The City of Atlanta may, with the approval of its governing body and in compliance with existing and future covenants and ordinances autho
rizing the issuance of outstanding and future revenue bonds, convey any portion of the unified water distribution system, together with all assets, funds, bond proceeds, records, employees, causes of action, rights, contractual obligations, accounts payable, revenue debts, and all other real and personal property in any way used in, related to or

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arising out of the operation of said portion of said system, to any mu nicipality lying wholly or partially within Pulton County, which, as of the effective date of this Act, owns, operates and manages its own water distribution system and whose geographic territory encompasses, as of the effective date of this Act, a portion of the Fulton County sys tem as a result of prior annexation of unincorporated areas of Fulton County, when the governing body of said municipality requests from the City of Atlanta the conveyance of said portion of said system; pro vided that the governing body of the requesting municipality may, by contract, purchase water from the Atlanta-Fulton County System at a uniform wholesale rate. Contemporaneously with the effectiveness of this Act, Fulton County shall, upon request of any municipality and the City of Atlanta transfer to such municipality any part of the water and sewer system operated by Fulton County immediately prior to such effectiveness lying within such municipality's territorial limits upon payment by such municipality of an amount agreed to by the City of Atlanta which shall consist of all costs, direct or indirect (including financing cost and debt service), paid or incurred by Fulton County or the City of Atlanta for that portion of such system being trans ferred and all costs incurred or to be incurred by Fulton County or the City of Atlanta as a result of or in connection with such transfers. The amount so paid by any such municipality shall be used to refund bonds as provided in Section 20 hereof.
Section 14. Employees of Existing Systems. Persons who are fulltime, permanent employees of any water or sewer system transferred to the Atlanta-Fulton County System shall have the right to enter the employment thereof without any lapse or hiatus in their employment on the terms provided herein. The terms of this paragraph shall only apply to those positions with existing water or sewer systems which are abolished by the dissolution of those systems. No employee trans ferred to the Atlanta-Fulton County System shall suffer a decrease in salary as a result of being transferred. Every transferred employee shall be assigned by the Atlanta-Fulton County System to a position of employment similar to that occupied by the employee with the for mer water or sewer system. After being so assigned, all such employees shall be subject to the Civil Service laws and regulations of the City of Atlanta and shall receive all benefits provided by the City. Nothing in this Section shall affect the power of the Atlanta-Fulton County System or any duly authorized officer to dismiss employees for grounds set forth in existing laws and regulations.

Section 15. Pension and Retirement Rights. As to pension and retirement rights and benefits of employees being transferred to the City, all creditable service with the Pension Fund of his former em ployer shall be credited with the Pension Fund of his new employer in accordance with the following procedure.

Within thirty (30) days from the date such employee is trans ferred, the Secretary of the Pension Fund of the former employer shall certify to the Secretary of the Pension Fund of the new employer the total number of years of service, including fractional parts of years, accrued to the credit of each such employee; the amount due such Pen sion Fund by each such employee for such credit, if any; the amount of accumulated employee contributions; and the amount of employer

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matching contributions. Said Secretary shall transfer all funds con tributed by said employee, together with all employer matching contri butions, to the Secretary of the Pension Board of the new employer. In the event that such employee shall owe any sum for prior service credits, said sum shall be payable by such employee to the Pension Fund of the new employer. In the event that any employee shall have withdrawn any amounts contributed by him to the Pension Fund of his former employer, the certification of the Secretary of such Pension Fund shall indicate the amount of such contributions withdrawn and the amount of funds transferred to the Secretary of the Pension Fund of the new employer shall not include such amounts withdrawn by the employee, but shall be payable by the employee to the Pension Fund of the new employer upon his transfer or at the option of the Board of Trustees of the Pension Fund of the new employer, such payment may be deferred and paid in equal installments over a period of sixty (60) months with interest at the rate of seven percent (7%) per annum. Upon the date of transfer, the transferred employee shall become a member of the Pension Fund of his new employer and shall have his rights and obligations determined in accordance with the most recent amendments to such Pension Fund, but shall be entitled to receive no less benefits from such Pension Fund than he would have been entitled to receive under the most recent amendments to the Pension Fund of his former employer on the day prior to his transfer. Upon such certi fication and transfer of funds, as provided above, such employee shall become entitled to credit for all years of service which may have ac crued to him with his former employer to the same extent as if such service had been rendered to his new employer, without the payment of additional contributions (other than amounts previously due for prior service credits or amounts due for withdrawn contributions). The funds transferred in accordance with the above provisions shall become the property of the Pension Fund of the new employer.
Section 16. Water and Sewer System Board Created: Composition and Appointment, (a) There is hereby created the Atlanta-Fulton County Water and Sewer System Board which shall be composed of nine members appointed in such manner as hereby provided.

(b) The Mayor of the City of Atlanta shall appoint four members to serve on the Board, subject to the confirmation by the Council of the City of Atlanta. Two of the members appointed by the Mayor of the City of Atlanta shall be members of the Atlanta City Council and the remaining two members to be appointed by the Mayor of Atlanta shall be residents of the City of Atlanta. Of the remaining five mem bers, the Fulton County Board of Commissioners shall appoint four. One such member shall be appointed from the Fulton County Board of Commissioners by the Fulton County Board of Commissioners, and the remaining three members appointed by the Commissioners shall be residents of Fulton County who reside outside the Atlanta corporate limits. The ninth member shall be a citizen of Fulton County elected by the other eight members. The ninth member shall serve as chairman. Each member of the Atlanta-Fulton County Water and Sewer System Board shall serve for a term of four years unless he becomes disquali fied or resigns during his term of office, or he is removed for cause at an earlier date, or the office otherwise becomes vacant, in which event the body appointing that member shall appoint a successor to

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complete the term. Initial board members should be appointed on or before June 1, 1979, said date to be the date of commencement of the terms of office of such members. Appointment of successor members to the board shall be in the same manner as provided herein for initial members. Removal of board members shall be by the appointing author ity. The Board shall meet at least monthly and elect a Vice Chairman and Secretary.

Section 17. Development of Long-range Plan by Board, (a) The Atlanta-Fulton County Water and Sewer System Board shall have the sole responsibility for developing a long-range, comprehensive water and sewer development plan for the entire service area, to include speci fied and comprehensive goals and objectives for water and sewer service improvements over a fifteen-year period. The reasonable cost of such a plan shall be borne by the Atlanta-Fulton County System. The Board's comprehensive plan shall determine the appropriate loca tion and timing of capital improvements to the water and sewer system including water and sewer lines to serve the system. The long-range plan which shall be updated every five years, shall also include, consis tent therewith, comprehensive water and sewer development plans speci fying goals and objectives for water and sewer service improvements over a one-year period and a five-year period. Before the plans estab lished pursuant to this Section shall become effective, such plans shall be approved by the Atlanta-Fulton County Water and Sewer System Board pursuant to procedures established by the Board. Upon the Board's own motion or the recommendation of the City of Atlanta, the Board shall have the authority to change the timing of capital improve ments to coincide with actual development as it occurs.

(b) In the unincorporated areas of Fulton County, Fulton County shall have the right to determine the physical location of water dis tribution lines to be tapped to the main trunk lines in conformity with the comprehensive water development plans; the City of Atlanta and any other municipality receiving services from or belonging to the Atlanta-Fulton County Water and Sewer System shall also have the right to determine the location of the same within its corporate limits, in conformity with the comprehensive water development plan.

(c) In the unincorporated areas of Fulton County, Fulton County shall have the right to determine the physical location of sewer receptor lines and lateral lines to be tapped to the main trunk lines in conformity with the comprehensive water development plans; the City of Atlanta and any other municipality receiving services from or belonging to the Atlanta-Fulton County Water and Sewer System shall also have the right to determine the location of the same within its corporate limits, in conformity with the comprehensive water deve'opment plan. Any water or sewer lines serving individual properties shall be assessed on a uniform rate basis.

(d) In addition to the other duties and responsibilities conferred upon the Board by this Act, the Board shall have the power and authority to:

(1) Review and make recommendations to the City of Atlanta

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with regard to requests for water and sewer services, including denials of such requests, as submitted by any person, firm, corporation or in dividual from within the service area of the Unified Atlanta-Fulton County Water and Sewer System.

(2) Review, monitor and make recommendations to the City of Atlanta concerning the administration and operation of the Unified Atlanta-Fulton County Water and Sewer System; and to require sub mission of reports, including an annual independent audit, and informa tion as deemed necessary for the exercise of this responsibility and for assuring the efficient operation of the system.

(3) Seek redress of grievances, including available remedies of law, on behalf of any citizen within the system's service area who may have a complaint or problem as a result of the operation of the Unified Atlanta-Fulton County Water and Sewer System.

Section 18. Revenue Bonds Not Impaired, (a) Anything in this Act to the contrary notwithstanding, nothing herein shall prohibit or prevent the City of Atlanta from performing and complying in all re spects with the terms, covenants, conditions and obligations under the various ordinances related to the issuance by the City of Atlanta of revenue bonds for the purpose of financing the cost of acquiring, oper ating, maintaining, replacing, adding to, extending and improving its water and sewer system.

(b) Anything in this Act to the contrary notwithstanding, nothing herein shall prohibit or prevent any other municipality which owns, op erates and maintains its own water or sewer system from performing and complying in all respects with the terms, covenants, conditions and obligations under the various ordinances related to the issuance by each such city of revenue bonds for the purpose of financing the cost of acquiring, improving and operating its water or sewer system.

Section 19. Issuance of Revenue Bonds by City, (a) In order to finance the acquisition of any part of, or any replacements, additions, extensions, and improvements to the Atlanta-Fulton County Water and Sewer System, the City of Atlanta shall have the power to issue and have validated revenue bonds under the Revenue Bond Law (Acts 1937, p. 761, as amended). Likewise, in the manner provided by said law, the City of Atlanta may issue and have validated refunding revenue bonds for the purpose of paying or refunding all or any part of the revenue bonds or certificates heretofore or hereafter issued by the City of At lanta, by Fulton County, or by any municipality which conveys its water and sewer system to the City of Atlanta under this Act. Said refunding may be accomplished by the sale of such refunding revenue bonds and the application of the proceeds of said sale to the retirement of the revenue bonds or certificates being paid or refunded. Such re funding revenue bonds may be sold as provided in the Revenue Bond Law in an amount sufficient for the purpose, and the proceeds thereof may be applied to the payment of principal of and interest (accrued and to accrue) and redemption premiums on said revenue bonds or cer tificates, whether at maturity or upon earlier redemption prior to ma turity in accordance with their terms. Proceeds of such refunding

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revenue bonds may be invested in direct obligations of the United States of America which, with interest to be earned thereon, will be sufficient to pay when due all principal, interest and redemption premiums to become due on the revenue bonds or certificates being paid or refunded; thereupon provision shall be deemed made for the payment of said revenue bonds or certificates when said refunding revenue bond pro ceeds and investments (with any available money from other sources) are deposited in irrevocable trust with a bank or trust company having an aggregate capital and surplus not less than the face amount of the revenue bonds or certificates being paid or refunded. The instrument creating said trust shall require such money and investments to be held and paid out solely for the purpose of paying principal of and in terest and redemption premiums on the revenue bonds or certificates being paid or refunded, together with any costs of issuing said refund ing revenue bonds and expenses of maintaining and operating said trust prescribed by the proceedings authorizing said refunding revenue bonds. When provision for the payment of an issue of revenue bonds or certificates is made as above described, all obligations of the issuer to the holders thereof shall be deemed satisfied and the covenants se curing said revenue bonds or certificates need no longer be observed; provided, however, that if and whenever the money and investments held as above provided should fail to be sufficient to pay when due all principal of and interest and redemption premiums on the revenue bonds or certificates being paid or refunded, then the holders of said revenue bonds or certificates shall have a right to paymnet from the revenues of the Atlanta-Fulton County System on a basis subordinate to all revenue bonds which may have theretofore been issued by the City of Atlanta payable from such revenues, or on such other basis as may be determined by a court to be required by State or Federal Constitution.

(b) As an alternative to the method prescribed above to provide for the payment in advance of maturity of revenue bonds or certifi cates, the City of Atlanta may issue refunding revenue bonds in a principal amount sufficient (without regard to interest on investments) to pay all principal, interest and redemption premiums necessary to retire the revenue bonds or certificates being paid or refunded, whether at maturity or upon some earlier redemption date or dates in accordance with their terms, and to pay all expenses incidental thereto, and may cause said money to be invested and held in trust as described above, yet pledge interest on investments to the payment of the refunding revenue bonds, or to the payment of a portion of the refunding revenue bonds as sole or partial security and source of payment for said portion of the refunding revenue bonds.

(c) Revenue bonds issued hereunder (whether for refunding, ac quisition or improvement and extension purposes) may mature serially or be term bonds or any combination of term and serial bonds. Term bonds may be subject to mandatory redemption prior to maturity or may be payable from a sinking fund to be accumulated and invested in direct obligations of the United States of America or obligations uncondition ally guaranteed by the United States of America maturing no later than the maturity date of the revenue bonds for the payment of which the money so invested is held in such sinking fund.

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Section 20. Liberal Construction of Act. This Act, being for the welfare of various political subdivisions of the State and its inhab itants, shall be liberally construed to effect the purposes thereof.

Section 21. Effective Date. This Act shall become effective only if any amendment to the Constitution authorizing the General Assem bly to create a unified municipal-county water and sewer system in any county of this State having a population of 600,000 or more ac cording to the United States Decennial Census of 1970, or any future such census, is ratified at the 1978 general election. If said amendment to the Constitution is so ratified, this Act shall become effective on June 1, 1979.

Section 22. 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 23. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 4, nays 48, and the substitute was lost.

Senators Howard of the 42nd, Bond of the 39th, Evans of the 37th, Stumbaugh of the 55th, Coverdell of the 40th, Tate of the 38th and Hudson of the 3'5th offered the following substitute to HB 1607:
A BILL
To be entitled an Act to create the unified Atlanta-Fulton County Water and Sewer System; to provide a short title for this Act; to pro vide for the definition of terms used in this Act; to provide for the powers and property of such system; to provide for the acquisition and transfer of property to such system; to provide for uniformity of rates, fees, charges, and assessments; to provide that the City of Atlanta shall own, operate, manage, and finance the Atlanta-Fulton County Water and Sewer System; to prohibit the operation of any other water or sewer system by either the City of Atlanta or Fulton County; to create the Atlanta-Fulton County Water and Sewer System Board; to provide for the powers and duties of said board; to provide for the composition and for the manner of appointment of members to said board; to provide for rules and regulations; to provide for the payment or refunding of outstanding revenue bonds of the City of Atlanta, Fulton County and other municipalities which join said system; to pro vide conditions for the effectiveness of this Act and for an effective

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date; to provide for severability; 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 "Unified Atlanta-Fulton County Water and Sewer System Act."

Section 2. System Created. The water and sewer systems of the City of Atlanta and Fulton County are hereby merged into a single unified system to be known as the "Atlanta-Fulton County Water and Sewer System," which shall be owned, managed, maintained, operated and financed by the City of Atlanta, pursuant to authority granted to the City of Atlanta by the Constitution and general or local laws of this State.

Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings:

(a) The terms "Atlanta-Fulton County Water and Sewer System", or "Atlanta-Fulton County System", or "System" shall mean the Atlanta-Fulton County Water and Sewer System created by Section 2 of this Act.

(b) The word "Board" shall mean the Atlanta-Fulton County Water and Sewer System Board which shall have the sole responsibility for developing a long-range, comprehensive water and sewer development plan for Fulton County.

(c) The term "service area" shall mean the geographical area embraced as of May 31, 1979, where water or sewer services, or both, are furnished to retail customers by the City of Atlanta water and sewer systems and the Fulton County water and sewer systems and such additional geographical area as may thereafter be included in, and added to, the Atlanta-Fulton County Water and Sewer System.

(d) The "Uniform Retail Rate" shall mean that the City of Atlanta shall charge the same unit price for water or sewer service to retail customers using the same volume of such service, irrespective of where said retail customers are located within Fulton County.

Section 4. Purpose of the Atlanta-Fulton County System. Without limiting the generality of any provision of this Act, the general purpose of the Atlanta-Fulton County System is declared to be that of acquiring
an adequate source or sources of water supply and purification of such water, and thereafter the distribution of the same throughout the service area, and to the municipalities lying wholly or partially within Fulton County, and further for the general purpose of gathering and treatment of waste from individuals, municipalities and industry. These provi sions shall be construed to mean that all individual sections and areas of the County shall have access to the Atlanta-Fulton County System and the reasonable expansion thereof on the basis of equal consideration.

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Selling and delivering water directly to consumers in those areas of Fulton County where there do not now exist water distribution systems and furnishing sewer facilities to such customers is a primary objective of the Atlanta-Fulton County System.

Section 5. Limitations, (a) Other than within the service area, the Atlanta-Fulton County System shall not have the power or authority to construct water lines for the distribution of water directly to custo mers within any municipality, without first obtaining the express written consent of the appropriate governing body of such municipality.
(b) Other than within the service area, the Atlanta-Fulton County System shall not have the power or authority to construct sewer lines for the collection of waste and sewage directly from customers within any municipality, without first obtaining the express written consent of the appropriate governing body of such municipality.

Section 6. Rates, Charges and Revenues, (a) The City of Atlanta shall have the power to prescribe and fix rates and assessments and to revise the same from time to time, and to collect fees, assessments, tolls and charges for the services, facilities and commodities furnished under the provisions of this Act. The City of Atlanta shall establish and maintain uniform rates and assessments for all retail customers of the Atlanta-Fulton County System within the City of Atlanta and Fulton County and within any municipality lying wholly or partially within Fulton County, and maintain uniform rates and assessments for all wholesale customers of the Atlanta-Fulton County System within the City of Atlanta and Fulton County and within all municipalities lying wholly or partially within Fulton County, including such munici palities themselves. Rates, assessments, and charges shall be based on the cost of operating, maintaining, replacing, adding to or extending, improving, and financing the system, and the cost of providing the reas onable expansion of the system. The uniform wholesale rate shall be de fined as the uniform retail rate less the cost of customer service, which shall include, but not be limited to, the cost of administrative overhead and of serving lateral mains.
(b) All revenues of the system shall be used or reserved for use exclusively for operation, maintenance, replacements, additions, exten sions, improvements, and financing of the system, and no such revenues shall be used directly or indirectly to finance any other governmental service, except as otherwise provided in the City of Atlanta bond cov enants existing on May 31, 1979.

(c) Any excess revenues of the system, after paying all costs of operation, maintenance, replacements, additions, extensions, and im provements of the System, costs and reserves necessary for financing the system, and monies used to acquire or call for redemption or other wise pay the principal of or interest on any bonds issued to finance the System shall be used to reduce water and sewer rates.

Section 7. Independent Rate Study. Immediately upon the creation of the Atlanta-Fulton County System, the City of Atlanta shall contract with an independent entity to conduct a study and to make recommenda-

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tions concerning the uniform retail rates and the uniform wholesale rates.

Section 8. Municipalities Requesting Services, (a) Any munic ipality lying wholly or partially within Fulton County which maintains, owns or operates a water and sewer system, may request and require the Atlanta-Fulton County System to furnish water and sewer services to said municipality at the uniform wholesale rate. Except for the pro vision of such water and sewer services at wholesale rates to municipal
ities lying within Fulton County, any such municipality shall not unilaterally require the Atlanta-Fulton County System to furnish water or serwer services for customers residing outside the service area of the Atlanta-Fulton County System.

(b) The Atlanta-Fulton County System shall not be required, ex cept with its consent and by contract, to advance any funds or incur any expense in providing the services pursuant to this Section.

Section 9. Transfer of Property from County. On or before June 1, 1979, Fulton County shall transfer and convey by appropriate instru ment to the City of Atlanta for the operation of the Atlanta-Fulton County System all assets, funds, bond proceeds, records, employees, causes of action, rights, contractual obligations, accounts payable (ex cept outstanding revenue bonds of Fulton County which shall be gov erned by the provisions of Sections 18(a) and 18(b)), and all other real and personal property in any way used in, related to or arising out of the operation of the Fulton County Water and Sewer Systems. All monies heretofore collected and held in escrow as of one month after the effectiveness of this Act by the City of Atlanta from residents of Fulton County, outside the City of Atlanta, as a surcharge for water services for the purposes of repaying revenue bonds issued by Fulton County shall be used by the Atlanta-Fulton County Water and Sewer
System for replacements, additions, extensions and improvements for that portion of the Atlanta-Fulton County System lying in the geographi cal area from the residents of which such monies were collected, within two years of the effectiveness of this Act. The Atlanta-Fulton County Water and Sewer System Board and the governing authority of Fulton County shall, by mutual agreement, determine the exact use of such monies in said area, and in conformity with this Section. As of one
month after the effectiveness of this Act, said surcharge will cease to
be collected.

Section 10. Existing System of the City. On or before June 1, 1979, all assets, records, employees, causes of action, rights, contractual obligations, debts and all other real and personal property used in the operation of the City of Atlanta Water and Sewer System, shall remain in that system which shall become the Atlanta-Fulton County System
established by this Act.

Section 11. Operation of Other Systems, Prohibited. After midnight May 31, 1979, the City of Atlanta and Fulton County shall be prohibited from owning and operating any water and sewer system other than
the Atlanta-Fulton County System.

MONDAY, MARCH 6, 1978

2657

Section 12. Right of Municipalities to Join the System. On or be fore June 1, 1981, any municipality lying wholly or partially within Fulton County which maintains, owns or operates a water or sewer system or both shall have the right to join the Atlanta-Fulton County Water and Sewer System. After June 1, 1981, any such municipalities may join the Atlanta-Fulton County Water and Sewer System with the approval of the governing authority of the City of Atlanta. Upon joining the Atlanta-Fulton County System, all services within said system shall be provided by the Atlanta-Fulton County System, and said municipality will be subject to the regulations and restrictions imposed upon the City of Atlanta and Fulton County by this Act. Upon joining the Atlanta-Fulton County System, such municipality shall
transfer, by appropriate instrument, to the City of Atlanta for the operation of the Atlanta-Fulton County System all assets, funds, bond
proceeds, records, employees, causes of action, rights, contractual obli gations, accounts payable (except outstanding revenue bonds of said municipality which shall be governed by the provisions of Section 19) and all other personal property in any way used in, or related to, or arising out of the operation of the municipal water and sewer system.

Section 13. Transferring Existing Facilities to Another System.
The City of Atlanta may, with the approval of its governing body and in compliance with existing and future covenants and ordinances au
thorizing the issuance of outstanding and future revenue bonds, convey any portion of the unified water distribution system, together with all
assets, funds, bond proceeds, records, employees, causes of action, rights,
contractual obligations, accounts payable, revenue debts, and all other
real and personal property in any way used in, related to or arising
out of the operation of said portion of said system, to any municipality lying wholly or partially within Fulton County, which, as of the effec tive date of this Act, owns, operates and manages its own water dis tribution system and whose geographic territory encompasses, as of the
effective date of this Act, a portion of the Fulton County system as a result of prior annexation of unincorporated areas of Fulton County, when the governing body of said municipality requests from the City of Atlanta the conveyance of said portion of said system; provided that the governing body of the requesting municipality may, by contract,
purchase water from the Atlanta-Fulton County System at a uniform wholesale rate. Contemporaneously with the effectiveness of this Act, Fulton County shall, upon request of any municipality and the City of Atlanta transfer to such municipality any part of the water and sewer system operated by Fulton County immediately prior to such effective
ness lying within such municipality's territorial limits upon payment by such municipality of an amount agreed to by the City of Atlanta which shall consist of all costs, direct or indirect (including financing cost and debt service), paid or incurred by Fulton County or the City of Atlanta for that portion of such system being transferred and all costs incurred or to be incurred by Fulton County or the City of Atlanta as a result of or in connection with such transfers. The amount so paid
by any such municipality shall be used to refund bonds as provided in Section 20 hereof.

Section 14. Employees of Existing Systems. Persons who are fulltime, permanent employees of any water or sewer system transferred to the Atlanta-Fulton County System shall have the right to enter the

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employment thereof without any lapse or hiatus in their employment on the terms provided herein. The terms of this paragraph shall only apply to those positions with existing water or sewer systems which are abolished by the dissolution of those systems. No employee transferred to the Atlanta-Fulton County System shall suffer a decrease in salary as a result of being transferred. Every transferred employee shall be assigned by the Atlanta-Fulton County System to a position of employ ment similar to that occupied by the employee with the former water or sewer system. After being so assigned, all such employees shall be subject to the Civil Service laws and regulations of the City of Atlanta and shall receive all benefits provided by the City. Nothing in this Section shall affect the power of the Atlanta-Fulton County System or any duly authorized officer to dismiss employees for grounds set forth in existing laws and regulations.
Section 15. Pension and Retirement Rights. As to pension and re tirement rights and benefits of employees being transferred to the City, all creditable service with the Pension Fund of his former employer shall be credited with the Pension Fund of his new employer in ac cordance with the following procedure.
Within thirty (30) days from the date such employee is transferred, the Secretary of the Pension Fund of the former employer shall certify to the Secretary of the Pension Fund of the new employer the total number of years of service, including fractional parts of years, accrued to the credit of each such employee; the amount due such Pension Fund by each such employee for such credit, if any; the amount of accumulated employee contributions; and the amount of employer matching con tributions. Said Secretary shall transfer all funds contributed by said employee, together with all employer matching contributions, to the Secretary of the Pension Board of the new employer. In the event that such employee shall owe any sum for prior service credits, said sum shall be payable by such employee to the Pension Fund of the new employer. In the event that any employee shall have withdrawn any amounts contributed by him to the Pension Fund of his former employer, the certification of the Secretary of such Pension Fund shall indicate the amount of such contributions withdrawn and the amount of funds transferred to the Secretary of the Pension Fund of the new employer shall not include such amounts withdrawn by the employee, but shall be payable by the employee to the Pension Fund of the new employer upon his transfer or at the option of the Board of Trustees of the Pension Fund of the new employer, such payment may be deferred and paid in equal installments over a period of sixty (60) months with interest at the rate of seven percent (7%) per annum. Upon the date of transfer, the transferred employee shall become a member of the Pension Fund of his new employer and shall have his rights and obli gations determined in accordance with the most recent amendments to such Pension Fund, but shall be entitled to receive no less benefits from such Pension Fund than he would have been entitled to receive under the most recent amendments to the Pension Fund of his former employer on the day prior to his transfer. Upon such certification and transfer of funds, as provided above, such employee shall become entitled to credit for all years of service which may have accrued to him with his former employer to the same extent as if such service had been rendered to his new employer, without the payment of additional contributions (other than amounts previously due for prior service credits or amounts

MONDAY, MARCH 6, 1978

2659

due for withdrawn contributions). The funds transferred in accordance
with the above provisions shall become the property of the Pension Fund of the new employer.

Section 16. Water and Sewer System Board Created; Composition and Appointment, (a) There is hereby created the Atlanta-Fulton County Water and Sewer System Board which shall be composed of nine members appointed in such manner as hereby provided.

(b) The Mayor of the City of Atlanta shall appoint four members to serve on the Board, subject to the confirmation by the Council of the City of Atlanta. Two of the members appointed by the Mayor of the City of Atlanta shall be members of the Atlanta City Council and the remaining two members to be appointed by the Mayor of Atlanta shall be residents of the City of Atlanta. Of the remaining five members, the Fulton County Board of Commissioners shall appoint four. One such member shall be appointed from the Fulton County Board of Com missioners by the Fulton County Board of Commissioners, and the re maining three members appointed by the Commissioners shall be resi dents of Fulton County who reside outside the Atlanta corporate limits. The ninth member shall be a citizen of Fulton County elected by the
other eight members. The ninth member shall serve as chairman. Each member of the Atlanta-Fulton County Water and Sewer System Board shall serve for a term of four years unless he becomes disqualified or resigns during his term of office, or he is removed for cause at an earlier
date, or the office otherwise becomes vacant, in which event the body appointing that member shall appoint a successor to complete the term.
Initial board members should be appointed on or before June 1, 1979,
said date to be the date of commencement of the terms of office of such members. Appointment of successor members to the board shall be in the same manner as provided herein for initial members. Removal of board members shall be by the appointing authority. The Board shall meet at least monthly and elect a Vice Chairman and Secretary.

Section 17. Development of Long-range Plan by Board, (a) The Atlanta-Fulton County Water and Sewer System Board shall have the sole responsibility for developing a long-range, comprehensive water and sewer development plan for the entire service area, to include speci fied and comprehensive goals and objectives for water and sewer service
improvements over a fifteen-year period. The reasonable cost of the development of such a plan shall be borne by the Atlanta-Fulton County System. The Board's comprehensive plan shall provide for the appro priate location and timing of capital improvements to the water and sewer system including water and sewer lines to serve the system. The long-range plan which shall be updated every five years, shall also in clude, consistent therewith, comprehensive water and sewer development plans specifying goals and objectives for water and sewer service im provements over a one-year period and a five-year period. Before the plans established pursuant to this Section shall become effective, such plans shall be approved by the Atlanta-Fulton County Water and Sewer System Board pursuant to procedures established by the Board. Upon the Board's own motion or the recommendation of the City of Atlanta, the Board shall have the authority to change the timing of capital improvements as provided in the plans to coincide with actual develop ment as it occurs.

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(b) In the unincorporated areas of Fulton County, Fulton County shall have the right to determine the physical location of water dis tribution lines to be tapped to the main trunk lines in conformity with the comprehensive water development plans; the City of Atlanta and any other municipality receiving services from or belonging to the Atlanta-Fulton County Water and Sewer System shall also have the right to determine the location of the same within its corporate limits, in conformity with the comprehensive water development plan.
(c) In the uninicorporated areas of Fulton County, Fulton County shall have the right to determine the physical location of sewer receptor lines and lateral lines to be tapped to the main trunk lines in conformity with the comprehensive water development plans; the City of Atlanta and any other municipality receiving services from or belonging to the Atlanta-Fulton County Water and Sewer System shall also have the right to determine the location of the same within its corporate limits, in conformity with the comprehensive water development plan. Any water or sewer lines serving individual properties shall be assessed on a uniform rate basis.
(d) In addition to the other duties and responsibilities conferred upon the Board by this Act, the Board shall have the power and au thority to:
(1) Review and make recommendations to the City of Atlanta with regard to requests for water and sewer services, including denials of such requests, as submitted by any person, firm, corporation or indi vidual from within the service area of the Unified Atlanta-Fulton County Water and Sewer System.
(2) Review, monitor and make recommendations to the City of Atlanta concerning the administration and operation of the Unified Atlanta-Fulton County Water and Sewer System; and to require sub mission of reports, including an annual independent audit, and infor mation as deemed necessary for the exerise of this responsibility and for assuring the efficient operation of the system.

(3) Seek redress of grievances, including available remedies of law, on behalf of any citizen within the system's service area who may have a complaint or problem as a result of the operation of the Unified Atlanta-Fulton County Water and Sewer System.

Section 18. Revenue Bonds Not Impaired, (a) Anything in this Act to the contrary notwithstanding, nothing herein shall prohibit or prevent the City of Atlanta from performing and complying in all respects with the terms, covenants, conditions and obligations under the various ordi nances related to the issuance by the City of Atlanta of revenue bonds for the purpose of financing the cost of acquiring, operating, maintain ing, replacing, adding to, extending and improving its water and sewer
system.

(b) Anything in this Act to the contrary notwithstanding, nothing herein shall prohibit or prevent any other municipality which owns,
operates and maintains its own water or sewer system from per forming and complying in all respects with the terms, covenants, condi tions and obligations under the various ordinances related to the issuance

MONDAY, MARCH 6, 1978

2661

by each such city of revenue bonds for the purpose of financing the cost of acquiring, improving and operating its water or sewer system.

Section 19. Issuance of Revenue Bonds by City, (a) In order to finance the acquisition of any part of, or any replacements, additions, extensions, and improvements to the Atlanta-Fulton County Water and Sewer System, the City of Atlanta shall have the power to issue and
have validated revenue bonds under the Revenue Bond Law (Acts 1937, p. 761, as amended). Likewise, in the manner provided by said law, the City of Atlanta may issue and have validated refunding revenue bonds for the purpose of paying or refunding all or any part of the revenue bonds or certificates heretofore or hereafter issued by the City of Atlanta, by Fulton County, or by any municipality which conveys its water and sewer system to the City of Atlanta under this Act. Said
refunding may be accomplished by the sale of such refunding revenue bonds and the application of the proceeds of said sale to the retirement of the revenue bonds or certificates being paid or refunded. Such re funding revenue bonds may be sold as provided in the Revenue Bond Law in an amount sufficient for the purpose, and the proceeds thereof
may be applied to the payment of principal of and interest (accrued and to accrue) and redemption premiums on said revenue bonds or
certificates, whether at maturity or upon earlier redemption prior to maturity in accordance with their terms. Proceeds of such refunding revenue bonds may be invested in direct obligations of the United States of America which, with interest to be earned thereon, will be sufficient to pay when due all principal, interest and redemption premiums to become due on the revenue bonds or certificates being paid or refunded; thereupon provision shall be deemed made for the payment of said revenue bonds or certificates when said refunding revenue bond proceeds
and investments (with any available money from other sources) are deposited in irrevocable trust with a bank or trust company having an
aggregate capital and surplus not less than the face amount of the revenue bonds or certificates being paid or refunded. The instrument creating said trust shall require such money and investments to be held and paid out solely for the purpose of paying principal of and interest and redemption premiums on the revenue bonds or certificates being paid or refunded, together with any costs of issuing said refunding revenue bonds and expenses of maintaining and operating said trust
prescribed by the proceedings authorizing said refunding revenue bonds. When provision for the payment of an issue of revenue bonds or cer
tificates is made as above described, all obligations of the issuer to the holders thereof shall be deemed satisfied and the covenants securing said revenue bonds or certificates need no longer be observed; provided, however, that if and whenever the money and investments held as above provided should fail to be sufficient to pay when due all principal of and interest and redemption premiums on the revenue bonds or certifi cates being paid or refunded, then the holders of said revenue bonds or certificates shall have a right to payment from the revenues of the Atlanta-Fulton County System on a basis subordinate to all revenue bonds which may have theretofore beein issued by the City of Atlanta payable from such revenues, or on such other basis as may be determined
by a court to be required by State or Federal Constitution.

(b) As an alternative to the method prescribed above to provide for the payment in advance of maturity of revenue bonds or certificates,

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the City of Atlanta may issue refunding revenue bonds in a principal amount sufficient (without regard to interest on investments) to pay all principal, interest and redemption premiums necessary to retire the revenue bonds or certificates being paid or refunded, whether at maturity or upon some earlier redemption date or dates in accordance with their terms, and to pay all expenses incidental thereto, and may cause said money to be invested and held in trust as described above, yet pledge interest on investments to the payment of the refunding revenue bonds, or to the payment of a portion of the refunding revenue bonds as sole or partial security and source of payment for said portion of the re funding revenue bonds.
(c) Revenue bonds issued hereunder (whether for refunding, acqui sition or improvement and extension purposes) may mature serially or be term bonds or any combination of term and serial bonds. Term bonds may be subject to mandatory redemption prior to maturity or may be payable from a sinking fund to be accumulated and invested in direct obligations of the United States of America or obligations uncondition ally guaranteed by the United States of America maturing no later than the maturity date of the revenue bonds for the payment of which the money so invested is held in such sinking fund.
Section 20. Liberal Construction of Act. This Act, being for the welfare of various political subdivisions of the State and its inhabitants, shall be liberally construed to effect the purposes thereof.
Section 21. Effective Date. This Act shall become effective only if an amendment to the Constitution authorizing the General Assembly to create a unified municipal-county water and sewer system in any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970, or any future such census, is ratified at the 1978 general election. If said amendment to the Con stitution is so ratified, this Act shall become effective on June 1, 1979.
Section 22. Sever ability. 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 23. 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 4, 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.

MONDAY, MARCH 6, 1978

2663

On the passage of the bill, 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 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 Kennedy Langford Lester McGill Overby Paulk Pearce

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

Those voting in the negative were Senators:

Brantley Johnson

Kidd

Stephens

Those not voting were Senators:

Bond Duncan

Russell

Traylor

On the passage of the bill, the yeas were 48, nays 4.

The bill, having received the requisite constitutional majority, was passed by substitute.
HB 1608. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others: A bill to provide the procedures for the establishment of the County-wide Library System in Fulton County; to provide for the transfer of all existing library services and facilities located within unincorporated Fulton County and within any municipality located wholly or partially within Fulton County.
The Senate Committee on County and Urban Affairs offered the following substitute to HB 1608:
A BILL
To be entitled an Act to provide the procedures for the establishment of the County-wide Library System in Fulton County; to provide the

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JOURNAL OP THE SENATE,

procedures for the transfer of all existing library services and facilities located within unincorporated Fulton County, and within any munic ipality located wholly or partially within Fulton County, together with
the property, debts, assets, and employees thereof, to the County-wide Library Service; to provide that Fulton County, as the funding govern ment of the County-wide Library Service, shall be responsible for paying all bond debt service requirements on the new Central Building for the Atlanta Library System; to provide for the composition of the Library Board of Trustees and for the manner of appointment of members thereto; to provide conditions for the effectiveness of this Act and for
an effective date; to provide for the City of East Pint to retain title to the real estate and building of its library; to provide for severability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. (a) After midnight December 31, 1978, all public library services and facilities in unincorporated Fulton County and within all parts of any municipality located wholly or partially within Fulton
County shall be maintained, operated, and continued in existence by the County-wide Library Service, and no municipality located wholly or partially within Fulton County may operate a public library system or
facility.

(b) On or before January 1, 1979, each municipality located wholly or partially within Pulton County, which operates a public library ser
vice or facility, shall transfer to Fulton County for operation of the County-wide Library Service all assets, records, employees, causes of action, rights, obligations, debts, and all other personal property used in
the normal operation of the municipality's library service or facility.

(c) Except as otherwise provided herein, on or before January 1, 1979, each municipality located wholly or partially within Fulton County, which operates a public library service or facility shall transfer to Fulton County for operation of the County-wide Library Service, the
legal title to all real property with a library service or facility thereon, together with all rights and appurtenances thereto and subject to all liens and encumbrances thereon. In the event that the County-wide Library Service shall fail to use, by January 1, 1980, or shall discontinue to use, any real property transferred pursuant to this Section for a
library facility or service, legal title to said real property will auto
matically revert to the transferring municipality.

(d) On or before January 1, 1979, the City of Atlanta shall lease to Pulton County, for the operation of the County-wide Library Service, the new "Central Building for the Atlanta Library System" and all other real property of the City of Atlanta Library System. During the term of said lease, lease payments on such property shall be paid by Fulton County in an amount equal to the bond debt service requirements of all property of the library system leased pursuant to this Section. Upon discharge and retirement of said bonds, the City of Atlanta shall transfer legal title to all such real property of the Atlanta Library
System to Fulton County.

MONDAY, MARCH 6, 1978

2665

(e) Notwithstanding anything contained herein, nothing shall com pel conveyance of the real estate and building upon which the East Point City Library is situated. The City of East Point shall retain title to the real estate and structure located thereon and shall by contract provide the use of such building and real estate to the County-wide Library Service.
Section 2. Persons who are full-time, permanent employees of any library facility transferred to the County-wide Library Service shall have the right to enter the employment thereof without any lapse or hiatus in their employment on the terms provided herein. The terms of this paragraph shall apply only to those positions with existing library facilities which are abolished by the dissolution of those facilities. No employee transferred to the County-wide Library Service shall suffer a decrease in salary as a result of being transferred. Every transferred employee shall be assigned by the Library Board of Trustees to a posi tion of employment similar to that occupied by the employee with the former library facility. After being so assigned, all such employees shall be subject to the Civil Service laws and regulations of the County. For any purpose involving seniority or requiring computation of the period of employment, the former employment with the then existing library facility or the municipal government shall be given the same effect as employment with the County government. Nothing in this Section shall affect the power of the Library Board of Trustees of the County-wide Library Service or any other duly authorized officer to dismiss em ployees for grounds set forth in existing laws and regulations.

Section 3. (a) As to pension and retirement rights and benefits of employees being transferred from a municipality to the County, all creditable service with the Pension Fund of his former employer shall be credited with the Pension Fund of his new employer in accordance with the following procedure.
(b) Within thirty (30) days from the date such employee is trans ferred, the Secretary of the Pension Fund of the former employer shall certify to the Secretary of the Pension Fund of the new employer the total number of years of service, including fractional parts of years, accrued to the credit of each such employee; the amount due such Pension Fund by each such employee for such credit, if any; the amount of ac cumulated employee contributions; and the amount of employer matching contributions. Said Secretary shall transfer all funds contributed by said employee; together with all employer matching contributions, to the Secretary of the Pension Board of the new employer. In the event that such employee shall owe any sum for prior service credits, said sum shall be payable by such employee to the Pension Fund of the new employer. In the event that any employee shall have withdrawn any amounts contributed by him to the Pension Fund of his former employer, the certification of the Secretary of such Pension Fund shall indicate the amount of such contributions withdrawn and the amount of funds transferred to the Secretary of the Pension Fund of the new employer shall not include such amounts withdrawn by the employee, but shall be payable by the employee to the Pension Fund of the new employer upon his transfer or at the option of the Board of Trustees of the Pension Fund of the new employer, such payment may be deferred and paid in equal installments over a period of sixty (60) months with interest at

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the rate of seven percent (7%) per annum. Upon the date of transfer,
the transferred employee shall become a member of the Pension Fund of his new employer and shall have his rights and obligations determined in accordance with the most recent amendments to such Pension Fund, but shall be entitled to receive no less benefits from such Pension Fund than he would have been entitled to receive under the most recent amend
ments to the Pension Fund of his former employer on the day prior to his transfer. Upon such certification and transfer of funds, as provided
above, such employee shall become entitled to credit for all years of service which may have accrued to him with his former employer to the same extent as if such service had been rendered to his new employer,
'Without the payment of additional contributions (other than amounts previously due for prior service credits or amounts due for withdrawn
contributions). The funds transferred in accordance with the above provisions shall become the property of the Pension Fund of the new employer.

Section 4. (a) Responsibility for constructing, operating, and maintaining all library facilities and services within all above-mentioned
portions of Fulton County shall be hereinafter vested in the County-
wide Library Service which shall be administered by the Library Board of Trustees. The members of the Board of Trustees of the Atlanta Public Library at the time of the effective date of this amendment shall be i and become members of the Library Board of Trustees and shall serve in that capacity through midnight December 31, 1979. Commencing January 1, 1980, the composition of the Library Board of Trustees shall
be as hereinafter provided and each member shall serve a term of four years; provided that the term shall expire at midnight on December 31
of the fourth year of each member's term.

(b) The Mayor of the City of Atlanta or his designee shall serve on the Library Board of Trustees in an ex officio capacity. The Mayor of the City of Atlanta shall also appoint one member of the Atlanta City Council to serve as a regular member on the Library Board of Trustees. The Chairman of the Fulton County Board of Commissioners
or his designee shall also serve on the Library Board of Trustees in an ex officio capacity; and the Board of Commissioners shall elect one member from their board to serve as a regular member on the Library Board of Trustees. In addition, the Fulton County Board of Commis
sioners shall appoint two members from each of the four County Com mission districts and two members from the County at large; provided, however, that four members appointed from said County Commission districts shall be residents of the City of Atlanta, and one member ap
pointed from the County at large shall be a resident of the City of
Atlanta.

Section 5. This Act shall become effective only if an amendment to the Constitution providing for the transfer of all existing library facilities and services located within any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census and within any municipality located wholly or partially within such county is ratified at the 1978 , general election. If said amendment to the Constitution is so ratified, this
Act shall become effective on January 1, 1979.

MONDAY, MARCH 6, 1978

2667

Section 6. 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 7. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 52, nays 2, and the substitute was adopted.

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

On the passage of the bill, 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 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 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 were Senators Brantley and Johnson.

Not voting were Senators Bond and Traylor.

On the passage of the bill, the yeas were 52, nays 2.

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

HB 1609. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A bill to provide for the financing of services in any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1609:
A BILL
To be entitled an Act to provide for the financing of services in any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census; to provide for the applicability of this Act; to provide for definitions; to provide for tax service districts; to provide requirements relative to the financing of services within counties subject to the provisions of this Act; to provide for other matters relative to the foregoing; to provide for the intention of the General Assembly; to provide for severability; to provide the conditions upon which this Act shall be effective; ito repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Applicability. This Act shall apply to any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census.
Section 2. Definitions. As used in this Act, unless the context clearly requires otherwise, the following words or terms shall have the following meanings:
(a) "County" means any county subject to the provisions of this Act.
(b) "County governing authority" means the board of commis sioners or any other body or official, by whatever name designated, now or hereafter established as the governing authority of a county.
(c) "Municipality" means any municipality lying wholly or par tially within the county.
(d) "Municipal governing authority" means the mayor and council or other body or official, by whatever name designated, now or here after, established as the governing authority of a municipality.

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2669

(e) "Tax service district" means any specific geographical area of
the county, not embracing the entire area of the county, that is estab lished by the county governing authority, pursuant to the requirements
of this Act, as a taxing district within which district services are provided.

(f) "District Service" means any one or more of the following governmental services:

(1) Police Protection

(2) Fire Protection, but only as provided by Section 6 of this Act.

(3) Solid Waste Collection

(4) Building and Housing Code Enforcement

(5) Public works (street and road construction and maintenance, including curbs, sidewalks, streetlights, and traffic control devices).

(6) Any other county governmental service hereafter declared as a district service by the county governing authority, including the pro vision of a countywide service to a greater extent within a tax service district than is provided throughout the total geographical area of the county.
(g) "Countywide Service" means any county governmental service, other than a district service, which is available to the residents of the entire county, and the facilities for any such service may be located within any municipality of the county.

(h) "Population" means population according to the most recent United States Decennial Census.

Section 3. Tax Service District. Except as otherwise provided in subsection (a) of Section 8 of this Act, the county governing authority is hereby prohibited from assessing, levying and collecting ad valorem taxes, or expending public funds from taxes and from other tax and nontax revenues to finance, exercise, perform or provide any district service, except when such taxes and other revenues to provide such district service are assessed, levied and collected only within a tax service district created pursuant to this Act. Any Federal and State grants received by the county expressly for a service which is a distirct service shall be considered as revenue raised within the tax service district for the purposes of this Section. Revenues raised within tax service districts for the purpose of financing district services shall not be used for
financing any county wide service.

Section 4. Creation of Initial Tax Service District, (a) Except as provided by Section 6 of this Act, within 90 days following the effective date of this Act, the county governing authority shall establish within portions of the unincorporated territory of the county tax service dis tricts within which the county government shall finance, exercise, per-

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form or provide district services on a reasonably uniform basis within which such tax service districts. One or more tax service districts shall be established within a portion or portions of the unincorporated terri tory of the county which meet the following criteria:

, (1) Each such tax service district must contain a resident popu lation of 10,000 or more persons; and

(2) Ninety percent of the land area, which shall not include bodies of water in excess of two acres or parks, cemeteries or golf courses, comprising the geographical area of the tax service district must contain a ratio of housing units to land area equivalent to at least 20 housing units per 100 acres of land.

(b) Subject to the limitations provided by Sections 8 and 9 of this Act, the ad valorem taxes, service charges and fees assessed levied and collected by the county governing authority within each tax service district established pursuant to subsection (a) above for the provision of district services therein shall be in accordance with the kind, charac ter, type and degree of district services provided within each such tax service district.
(c) The portions of the unincorporated territory of the county I which are not included within a tax service district established pursuant to subsection (a) of this Section shall constitute a single tax service district, and the ad valorem taxes, service charges and fees assessed, levied and collected by the county governing authority within such tax service district for the provision of district services therein shall be in accordance with the requirements of subsection (b) of this Section.

Section 5. Creation of Additional or Modification of Existing Tax Service Districts, (a) The boundaries of the initial tax service districts provided for by subsection (a) of Section 4 of this Act shall be modi fied from time to time by the county governing authority or additional tax service districts shall be created by the county governing authority within the unincorporated territory of the county as additional portions thereof meet the criteria set forth in subsection (a) of Section 4 of this Act. It shall be the duty of the county governing authority to make or cause to be made an annual study of the portions of the unincorporated territory of the county not included within tax service districts estab lished pursuant to subsection (a) of Section 4 and to modify such tax service districts or create new tax service districts to include portions of the unincorporated territory of the county meeting the criteria set forth in subsection (a) of Section 4. When the boundaries of any initial tax service district are modified or a tax service district within the un incorporated territory of the county is subsequently created as autho rized herein, then the boundaries of the tax service district provided for by subsection (c) of Section 4 of this Act shall be modified in ac cordance with the modified boundaries of such initial tax service dis tricts or in accordance with the boundaries established for any sub sequently created tax service district, or both, as the case may be.

(b) The county governing authority shall be authorized to create a tax service district within a municipality or any portion thereof only when:

MONDAY, MARCH 6, 1978

2671

(1) That municipality duly adopts a resolution expressly authorizing the county to assess, levy and collect ad valorem taxes
within the municipality or any portion thereof for the purpose of raising revenue for the provision of a district service within such
municipality or any portion thereof; or

(2) The county is authorized to assess, levy and collect ad valorem taxes within the municipality or any portion thereof
pursuant to a contract between the governing authority of the
county and the governing authority of the municipality for the pro vision of a district service within the municipality or any portion thereof.

The provisions of this subsection shall apply only to that portion of a municipality lying wholly within the county.

(c) Registered voters residing within an unincorporated portion of the county, which contains at least 300 housing units or a population of a least 1,000 persons, may, by petition to the county governing au
thority, propose the creation of a tax service district for provision of any one or more district services, as specified by such petition. The
petition shall contain a legal description of the proposed portion of the unincorporated area to be embraced within the tax service district and shall bear signatures equal in number to at least 15% of the registered
voters residing in the geographical area described in the petition. Only registered voters who reside within the geographical area described
in the petition shall be eligible to sign the petition. The petition shall be filed with the superintendent of elections of the county who shall
certify as to its sufficiency within 45 days after the date it is filed. If the petition is found to be sufficient, the county governing authority shall call a special election to be held at the next general county election
following the date of the certification of the petition. Said election shall be held only in the proposed tax service district. If a majority of those
voting in the election approve the proposal to establish a tax service district, the county governing authority shall create the tax service
district and begin providing the district services requested by the initiative petition and begin taxation for the provision thereof by the
beginning of the calendar year next following the date of the initiative referendum. A tax service district created pursuant to the authority of this subsection shall be created for the purpose of securing a higher
level of one or more district services, and any such tax service district
shall be in addition to any other tax service district created by or pursuant to other provisions of this Act.

Section 6. Fire Districts, (a) Fire districts existing within the county on the effective date of this Act shall continue unaffected by this Act unless changed or modified in accordance with subsection (b) of this Section.
(b) The county governing authority shall divide the unincorporated area of the county into districts, without regard to uniformity of area or population, for the purpose of providing to the residents of said districts, fire protection services and systems of fire protection. Within twelve months of the effective date of this Act, the county governing authority shall create, establish, and maintain said fire service districts

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so that all fire protection services and systems of fire protection provided within the unincorporated portion of the county shall be delivered through fire service districts. The establishment of fire service district boundary lines shall be determined by the county governing authority, and may be altered in accordance with the provisions of this Section. If the boundary of any existing fire service district is altered, changed, or abolished so as to delete a portion of the unincorporated area of the county from such service district, the portion of the county so deleted must be encompassed within the boundaries of another fire service district. Upon the establishment of such districts the county governing authority shall levy and collect taxes only within such district or districts to defray the costs of such services, and the allocation of costs for financing such fire protection services shall be in accordance with the provisions of subsections (b) through (e) of Section 8 of this Act.

(c) The county governing authority is authorized to create fire service districts within a municipality or any portion thereof only in accordance with the provisions of subsection (b) of Section 5 of this Act

(d) The provisions of subsection (a) of Section 8 of this Act shall not apply to fire service districts as provided herein.

Section 7. Uniformity Required. District services provided by the county governing authority within a tax service district created pursuant to this Act shall be reasonably uniform throughout the total area of the tax service district.

Section 8. Taxation and Allocation of Costs to Tax Service Dis tricts, (a) The costs necessary for providing district services within the tax service districts created pursuant to subsection (a) of Section 4 of this Act or created by subsection (c) of Section 4 of this Act or created pursuant to subsection (a) of Section 5 of this Act, if created prior to the 1983 county fiscal year, shall be allocated to such tax service districts upon the following basis:
(1) In the 1979 county fiscal year, the tax service district or districts shall defray 20% of the cost of providing district services and the countywide general funds shall defray 80% of the cost of such services.
(2) In the 1980 county fiscal year, the tax service district or districts shall defray 40% of the cost of providing district services and the countywide general funds shall defray 60% of the cost of such services.

(3) In the 1981 county fiscal year, the tax service district or districts shall defray 60% of the cost of providing district services and the countywide general funds shall defray 40% of the cost of such services.
(4) In the 1982 county fiscal year, the tax service district or districts shall defray 80% of the cost of providing district services

MONDAY, MARCH 6, 1978

2673

and the countywide general funds shall defray 20% of the cost of such services.
(5) In the 1983 county fiscal year, and thereafter, the tax service district or districts shall defray 100% of the cost of providing district services until such time as thereafter modified or changed pursuant to this Act.

(b) The assessment of real and personal property for ad valorem
tax purposes shall be uniform throughout the entire area of the county; provided that the rate of additional taxation in. any tax service district may vary from that in the total area of the county or from that
in another tax service district.

(c) Except as otherwise provided in subsection (a) of this Section, when any service, facility or function is provided or maintained only for one or more tax service districts, the total costs of providing or main
taining the service, facility or function for each tax service district shall be allocated to that district. When a eountywide service, facility or
function is provided in a tax service district to a greater extent than such countywide service is provided in the total geographical area of
the county, the total costs of providing or maintaining the countywide service facility or function r.t a higher level in the tax service district
shall be allocated to that district, and the taxation of property to finance such higher or more intense level of a countywide service shall be
uniform throughout the area of the tax service district.

(d) The costs of maintaining or providing for a tax service district a service, facility or function in addition to, or to greater extent than, those services, facilities or functions provided for the total geographical area of the county, include operating, maintenance and repair expenses, capital improvement costs, and the debt service on bonds or notes issued to finance capital improvements associated with the service, facility or function.
(e) All general obligation bonds issued prior to the effective date of this Act by the county government, and the principal of and interest on such bonds shall be paid from ad valorem taxes or other revenues collected within the total territorial limits of the county government, or in accordance with the obligations incurred in the issuance of such bonds. The principal of and interest on any general obligation bonds issued after the effective date of this Act for the purpose of financing a district service facility or function shall be paid from ad valorem taxes or other revenues collected within the tax service district in which such service, .facility or function is provided. Notwithing any other provision of Article IX, Section VII, Paragraph I of the Constitution, the referendum on the question of the issuance of general obligation bonds to finance a facility or service within a tax service district provided for by this Act shall be submitted only to the qualified electors residing within such district. The total bonded indebtedness of any county subject to this Act shall not exceed the limitation prescribed in Article IX, Section VII, Paragraph I of the Constitution.

Section 9. District Millage Limitations, (a) The total ad valorem tax millage rate established for the provision of district services within

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any tax service district created pursuant to subsections (a) and (c)
of Section 4 or subsection (a) of Section 5 of this Act shall not be raised by more than five mills above the level established for such tax service district for the 1983 county fiscal year, except with the approval of a majority of the voters residing within said tax service district voting at an election called for such purpose as hereinafter provided. If, for any county fiscal year subsequent to the 1983 county fiscal year, the county governing authority proposes to raise the ad valorem tax millage rate above the limit set herein, said governing authority shall instruct the superintendent of elections to issue the call for an election for the purpose of submitting the question of raising such limit to a new limit or, as an alternative, for the purpose of submitting the question of removing any limit on the ad valorem tax millage rate for such tax service district. The superintendent shall issue the call for such election within ten days after receiving such instructions from the county governing authority and shall set the date of such election for a day not less than 30 nor more than 45 days after the date the call was issued. Such question shall be submitted only to the qualified electors of the county residing within the tax service district. If the question submitted to the voters is the establishment of a new limit on the ad valorem tax millage rate for such tax service district, the ballot question shall specify the new limit. If a majority of the voters voting on such question vote in favor of such new limit, such new limit shall be effective for all subsequent county fiscal years, but otherwise the limit provided for herein shall remain unchanged. If a new limit is estab lished, the same procedure authorized herein may be repeated from time to time for the purpose of establishing other limits for the ad valorem tax millage rate for such tax service district. If the question submitted to the voters is on the removal of the ad valorem tax millage rate for such tax service district, the ballot question shall clearly state such question. If the majority of the voters voting on such question vote in favor of the removal of said ad valorem tax limit, there shall be no limit on the levy of ad valorem taxes within such tax service district for all subsequent county fiscal years, but otherwise the limit provided for herein shall remain unchanged, unless a new limit is subsequently established for such tax service district pursuant to the requirements of this Section.

(b) In the event a tax service district is created pursuant to sub section (a) of Section 5 of this Act at any time subsequent to the 1983 county fiscal year, the ad valorem tax millage rate limit for such tax service district shall be the average of the ad valorem tax millage rates in effect for the 1983 county fiscal year for all tax service districts created pursuant to subsections (a) and (c) of Section 4 or subsection (a) of Section 5 of this Act which were in existence during the 1983 county fiscal year. Such ad valorem tax millage rate limit may not be increased more than five mills unless such limit is increased or re moved in accordance with the procedures set forth in subsection (a) of this Section.

(c) In the event a tax service district created pursuant to sub section (a) of Section 4 or subsection (a) of Section 5 of this Act is modified at any time subsequent to the 1983 county fiscal year to include any additional portion of the unincorporated area of the county, or in the event the tax service district created by subsection (c) of

MONDAY, MARCH 6, 1978

2675

Section 4 of this Act is modified to delete a portion of the unincorporated area of the county formerly included therein, the ad valorem tax millage rate limit for such modifield tax service district shall be the limit in effect for such tax service district immediately preceding such modi fication, but such limit may be increased or removed in accordance with the procedures set forth in subsection (a) of this Section.

(d) The provisions of this Section shall not apply to ad valorem taxes for the purposes of bonded indebtedness as provided by subsection (e) of Section 8 of this Act.

Section 10. Intent. It is the intention of the General Assembly that the county governing authority shift the cost of district services in accordance with the provisions of this Act to the tax digest of the tax service district and other associated revenues and remove the cost thereof from the general county tax levy.

Section 11. 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 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 of parts hereof would be declared or ad judged invalid or unconstitutional.

Section 12. When Requirements Effective. This Act shall become effective only if an amendment to the Constitution authorizing the Gen eral Assembly to provide for financing of services in counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census, is ratified at the 1978 general election. If said constitutional amendment is so ratified, this Act shall become effective on January 1, 1979. This Act shall remain in effect only so long as said constitutional amendment remains in force as a part of this Constitution.

Section 13. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 2, nays 51, and the substitute was lost.

Senators Howard of the 42nd, Bond of the 39th, Evans of the 37th, Stumbaugh of the 55th, Coverdell of the 40th, Stephens of the 36th and Hudson of the 35th offered the following substitute to HB 1609:
A BILL
To be entitled an Act to provide for the financing of services in any county of this State having a population of 600,000 or more according

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to the United States Decennial Census of 1970 or any future such census; to provide for the applicability of this Act; to provide for defeinitions; to provide for tax service districts; to provide requirements relative to the financing of services within counties subject to the pro visions of this Act; to provide for other matters relative to the fore going; to provide for the intention of the General Assembly; to provide for severability; to provide the conditions upon which this Act shall be effective; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Applicability. This Act shall apply to any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census.

Section 2. Definitions. As used in this Act, unless the context clearly requires otherwise, the following words or terms shall have the following meanings:

(a) "County" means any county subject to the provisions of this Act.

(b) "County governing authority" means the board of commis sioners or any other body or official, by whatever name designated, now or hereafter established as the governing authority of a county.

(c) "Municipality" means any municipality lying wholly or partial ly within the county.

(d) "Municipal governing authority" means the mayor and council or other body or official, by whatever name designated, now or hereafter, established as the governing authority of a municipality.

(e) "Tax service district" means any specific geographical area of the county, not embracing the entire area of the county, that is estab lished by the county governing authority, pursuant to the requirements of this Act, as a taxing district within which district services are provided.

(f) "District Service" means any one or more of the following governmental services:
(1) Police Protection
(2) Fire Protection, but only as provided by Section 6 of this Act.
(3) Solid Waste Collection
(4) Building and Housing Code Enforcement

MONDAY, MARCH 6, 1978

2677

(5) Public works (street and road construction and maint-
nance, including curbs, sidewalks, streetlights, and traffic control devices).

(6) Any other county governmental service hereafter declared as a district service by the county governing authority, including the provision of a countywide service to a greater extent within a tax service district than is provided throughout the total geographi cal area of the county.

(g) "CountywSde Services" means any county governmental service, other than a district service, which is available to the residents of the entire county, and the facilities for any such service may be located within any municipality of the county.

(h) "Population" means population according to the most recent United States Decennial Census.

Section 3. Tax Service District. Except as otherwise provided in subsection (a) of Section 8 of this Act, the county governing authority is hereby prohibited from assessing, levying and collecting ad valorem taxes, or expending public funds from taxes and from other tax and nontax revenues to finance, exercise, perform or provide any district service, except when such taxes and other revenues to provide such dis trict service are assessed, levied and collected only within a tax service district created pursuant to this Act. Any Federal and State grants received by the county expressly for a service which is a district service shall be considered as revenue raised within the tax service district for the purpose of this Section. Revenues raised within tax service districts for the purpose of financing district services shall not be used for financing any countywide service.

Section 4. Creation of Initial Tax Service District, (a) Except as provided by Section 6 of this Act, within 90 days following the ef fective date of this Act, the county governing authority shall establish within portions of the unincorporated territory of the county tax service districts within which the county government shall finance, exercise, perform or provide district services on a reasonably uniform basis with in such tax service districts. One or more tax service districts shall be established within a portion or portions of the unincorporated territory of the county which meet the following criteria:

(1) Each such tax service district must contain a resident population of 10,000 or more persons; and

(2) Ninety percent of the land area, which shall not include bodies of water in excess of two acres or parks, cemetaries or golf courses, comprising the geographical area of the tax service district must contain a ratio of housing units to land area equivalent to at least 20 housing units per 100 acres of land.

(b) Subject to the limitations provided by Sections 8 and 9 of this Act, the ad valorem taxes, service charges and fees assessed, levied and collected by the county governing authority within each tax service

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district established pursuant to subsection (a) above for the provision of district services therein shall be in accordance with the kind, character, type and degree of district services provided within each such tax service district.

(c) The contiguous portions of the unincorporated territory of the county which are not included within a tax service district established pursuant to subsection (a) of this Section shall constitute one or more tax service districts, and the ad valorem taxes, service charges and fees assessed, levied and collected by the county governing authority within such tax service districts for the provision of district services therein shall be in accordance with the requirements of subsection (b) of this Section.
Section 5. Creation of Additional or Modification of Existing Tax Service Districts, (a) The boundaries of the initial tax service dis tricts provided for by subsection (a) of Section 4, of this Act shall be modified from time to time by the county governing authority or additional tax service districts shall be created by the county governing authority within the unincorporated territory of the county as addi tional portions thereof meet the criteria set forth in subsection (a) of Section 4 of this Act. It shall be the duty of the county governing authority to make or cause to be made an annual study of the portions of the unincorporated territory of the county not included within tax service districts established pursuant to subsection (a) of Section 4 and to modify such tax service districts or create new tax service dis tricts to include portions of the unincorporated territory of the county meeting the criteria set forth in subsection (a) of Section 4. When the boundaries of any initial tax service district are modified or a tax service district within the unincorporated territory of the county is subsequently created as authorized herein, then the boundaries of any tax service district provided for by subsection (c) of Section 4 of this Act shall be modified in accordance with the modified boundaries of such initial tax service districts or in accordance with the boundaries established for any subsequently created tax service district, or both, as the case may be.

(b) The county governing authority shall be authorized to create a tax service district within a municipality or any portion thereof only when:

(1) That municipality duly adopts a resolution expressly authorizing the county to assess, levy and collect ad valorem taxes within the municipality or any portion thereof for the purpose of raising revenue for the provision of a district service within such municipality or any portion thereof; or

(2) The county is authorized to assess, levy and collect ad valorem taxes within the municipality or any portion thereof pur
suant to a contract between the governing authority of the county and the governing authority of the municipality for the provision of a district service within the municipality or any portion thereof.

The provisions of this subsection shall apply only to that portion of a municipality lying wholly within the county.

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(c) Registered voters residing within an unincorporated portion of the county, which contains at least 300 housing units or a popula tion of at least 1,000 persons, may, by petition to the county governing authority, propose the creation of a tax service district for provision of any one or more district services, as specified by such petition. The peti tion shall contain a legal description of the proposed portion of the unincorporated area to be embraced within the tax service district and shall bear signatures equal in number to at least 15% of the registered voters residing in the geographical area described in the petition. Only registered voters who reside within the geographical area described in the petition shall be eligible to sign the petition. The petition shall be filed with the superintendent of elections of the county who shall certify as to its sufficiency within 45 days after the date it is filed. If the petition is found to be sufficient, the county governing authority shall call a special election to be held at the next general county election following the date of the certification of the petition. Said election shall be held only in the proposed tax service district. If a majority of those voting in the election approve the proposal to establish a tax service district, the county governing authority shall create the tax service district and begin providing the district services requested by the initiative petition and begin taxation for the provision thereof by the beginning of the calendar year next following the date of the initiative referendum. A tax service district created pursuant to the authority of this subsection shall be created for the purpose of securing a higher level of one or more district services, and any such tax service district shall be in addition to any other tax service district created by or pur suant to other provisions of this Act.

Section 6. Fire Districts, (a) Fire districts existing within the county on the effective date of this Act unless changed or modified in accordance with subsection (b) of this Section.
(b) The county governing authority shall divide the unincorporated area of the county into districts, without regard to uniformity of area or population, for the purpose of providing to the residents of said districts, fire protection services and systems of fire protection. Within twelve months of the effective date of this Act, the county governing authority shall create, establish, and maintain said fire service districts so that all fire protection services and systems of fire protection pro vided within the unincorporated portion of the county shall be delivered through fire service districts. The establishment of fire service district boundary lines shall be determined by the county governing authority, and may be altered in accordance with the provisions of this Section. If the boundary of any existing fire service district is altered, changed, or abolished so as to delete a portion of the unincorporated area of the county from such service district, the portion of the county so deleted must be encompassed within the boundaries of another fire service dis trict. Upon the establishment of such districts the county governing authority shall levy and collect taxes only within such district or dis tricts to defray the costs of such services, and the allocation of costs for financing such fire protection services shall be in accordance with the provisions of subsections (b) through (e) of Section 8 of this Act.

(c) The county governing authority is authorized to create fire service districts within a municipality or any portion thereof only in

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accordance with the provisions of subsection (b) of Section 5 of this Act.

(d) The provisions of subsection (a) of Section 8 of this Act shall not apply to fire service districts as provided herein.

Section 7. Uniformity Required. District services provided by the county governing authority within a tax service district created pur suant to this Act shall be reasonably uniform throughout the total area of the tax service district.

Section 8. Taxation and Allocation of Costs of Tax Service Dis tricts, (a) The costs necessary for providing district services within the tax service districts created pursuant to subsection (a) of Section 4 of this Act or created by subsection (c) of Section 4 of this Act or created pursuant to subsection (a) of Section 5 of this Act, if created prior to the 1983 county fiscal year, shall be allocated to such tax service districts upon the following basis:

(1) In the 1979 county fiscal year, the tax service district or districts shall defray 20% of the cost of providing district services and the countywide general funds shall defray 80% of the cost of such services.

(2) In the 1980 county fiscal year, the tax service district or districts shall defray 40% of the cost of providing district services and the countywide general funds shall defray 60% of the cost of such services.

(3) In the 1981 county fiscal year, the tax service district or districts shall defray 60% of the cost of providing district services and the countywide general funds shall defray 40% of the cost of such services.

(4) In the 1982 county fiscal year, the tax service district or districts shall defray 80% of the cost of providing district services and the countywide general funds shall defray 20% of the cost of such services.

(5) In the 1983 county fiscal year, and thereafter, the tax service district or districts shall defray 100% of the cost of pro viding district services until such time as thereafter modified or changed pursuant to this Act.
(b) The assessment of real and personal property for ad valorem tax purposes shall be uniform throughout the entire area of the county; provided that the rate of additional taxation in any tax service district may vary from that in the total area of the county or from that in another tax service district.

(c) Except as otherwise provided in subsection (a) of this Section, when any service, facility or function is provided or maintained only for one or more tax service districts, the total costs of providing or

MONDAY, MARCH 6, 1978

2681

maintaining the service, facility or function for such tax service district shall be allocated to that district. When a countywide service, facility or function is provided in a tax service district to a greater extent than such countywide service is provided in the total geographical area of the county, the total costs of providing or maintaining the countywide service facility or function at a higher level in the tax service district shall be allocated to that district, and the taxation of property to finance such higher or more intense level of a countywide service shall be uni form throughout the area of the tax service district.

(d) The costs of maintaining or providing for a tax service dis trict a service, facility or function in addition to, or to greater extent than, those services, facilities or functions provided for the total geographical area of the county, include operating, maintenance and repair expenses, capital improvement costs, and the debt service on bonds or notes issued to finance capital improvements associated with the ^ervice, facility or function.

(e) All general obligation bonds issued prior to the effective date of this Act by the county government, and the principal of and interest on such bonds shall be paid from ad valorem taxes or other revenues collected within the total territorial limits of the county gov ernment, or in accordance with the obligations incurred in the issuance of such bonds. The principial of and interest on any general obligation bonds issued after the effective date of this Act for the purpose of financing a district service facility or function shall be paid from ad valorem taxes or other revenues collected within the tax service dis trict in which such service, facility or function is provided. Notwith standing any other provisions of Article IX, Section VII, Paragraph I of the Constitution, the referendum on the question of the issuance of general obligation bonds to finance a facility or service within a tax service district provided for by this Act shall be submitted only to the qualified electors residing within such district. The total bonded in debtedness of any county subject to this Act shall not exceed the limitation prescribed in Article IX, Section VII, Paragraph I ef the Constitution.

Section 9. District Millage Limitations, (a) The total ad valorem tax millage rate established for the provision of district services within any tax service district created pursuant to subsections (a) and (c) of Section 4 or subsection (a) of Section 5 of this Act shall not be raised by more than five mills above the level established for such tax service district for the 1983 county fiscal year, except with the approval of a majority of the voters residing within said tax service district voting at an election called for such purpose as hereinafter provided. If, for any county fiscal year subsequent to the 1983 county fiscal year, the county governing authority proposes to raise the ad valorem tax millage rate above the limit set herein, said governing authority shall instruct the superintendent of elections to issue the call for an election for the pur pose of submitting the question of raising such limit to a new limit or, as an alternative, for the purpose of submitting the question of re moving any limit on the ad valorem tax millage rate for such tax service district. The superintendent shall issue the call for such elec tion within ten days after receiving such instructions from the county governing authority and shall set the date of such election for a day

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not less than 30 nor more than 45 days after the date the call was issued. Such question shall be submitted only to the qualified electors of the county residing within the tax service district. If the question submitted to the voters is the establishment of a new limit on the ad valorem tax millage rate for such tax service district, the ballot question shall specify the new limit. If a majority of the voters voting on such question vote in favor of such new limit, such new limit shall be effective for all subsequent county fiscal years, but otherwise the limit provided for herein shall remain unchanged. If a new limit is established, the same procedure authorized herein may be repeated from time to time for the purpose of establishing other limits for the ad valorem tax millage rate for such tax service district. If the question submitted to the voters is on the removal of the ad valorem tax millage rate for such tax serv ice district, the ballot question shall clearly state such question. If the majority of the voters voting on such question vote in favor of the removal of said ad valorem tax limit, there shall be no limit on the levy of ad valorem taxes within such tax service district for all sub sequent county fiscal years, but otherwise the limit provided for herein shall remain unchanged, unless a new limit is subsequently established for such tax service district pursuant to the requirements of this Sec
tion.

(b) In the event a new tax service district is created pursuant to subsection (a) of Section 5 of this Act at any time subsequent to the 1983 county fiscal year, the ad valorem tax millage rate limit for such tax service district shall be the highest ad valorem tax millage rate in effect within any tax service district in existence immediately pre ceding the creation of such new tax service district, but such limit may be increased or removed in accordance with the procedures set forth in subsection (a) of this Section.

(c) In the event a tax service district created pursuant to subsec tion (a) of Section 4 or subsection (a) of Section 5 of this Act is modified at any time subsequent to the 1983 county fiscal year to in clude any additional portion of the unincorporated area of the county, or in the event any tax service district created by subsection (c) of Section 4 of this Act is modified to delete a portion of the unincorporated area of the county formerly included therein, the ad valorem tax millage rate limit for such modified tax service district shall be the highest ad valorem tax millage rate in effect within any tax service district in existence immediately preceding such modification, but such limit may be increased or removed in accordance with the procedures set forth in subsection (a) of this Section.

(d) The provisions of this Section shall not apply to ad valorem taxes for the purposes of bonded indebtedness as provided by subsec tion (e) of Section 8 of this Act.

Section 10. Intent. It is the intention of the General Assembly that the county governing authority shift the cost of district services in accordance with the provisions of this Act to the tax digest of the tax service district and other associated revenues and remove the cost thereof from the general county tax levy.
Section 11. Severability. In the event any section, subsection,

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sentence, clause or phrase of this Act shall be delcared or adjudged in valid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as it 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 ad judged invalid or unconstitutional.

Section 12. When Requirements Effective. This Act shall become effective only if an amendment to the Constitution authorizing the Gen eral Assembly to provide for financing of services in counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census, is ratified at the 1978 general election. If said constitutional amendment is so ratified, this Act shall become effective on January 1, 1979. This Act shall remain in effect only so long as said constitutional amendment re mains in force as a part of the Constitution.

Section 13. Repealer. 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 2, and the substi tute was adopted.

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

On the passage of the bill, 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 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 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 voting in the negative were Senators Brantley and Johnson.

Those not voting were Senators:

Bond

Hudson

Traylor

On the passage of the bill, the yeas were 51, nays 2.

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

HB 1980. By Representative Vaughn of the 57th:
A bill to create and establish for and in the County of Rockdale a court to be known as the Magistrate's Court of Rockdale County.

Senator Ballard of the 45th offered the following substitute to HB 1980:
A BILL
To be entitled an Act to create and establish for and in the County of Rockdale a court to be known as the Magistrate's Court of Rockdale County; to define the jurisdiction of said court; to provide for a judge of said court and his appointment, term, compensation, qualifications and the manner of filling vacancies in said office; to provide for a clerk of said court, his duties, qualifications, term, compensation and bond; to provide for an acting magistrate to act as judge of said court in the absence or disability of the judge thereof; to provide for an oath to be administered to the judge and clerk of said court; to provide the terms and place of holding said court; to authorize, define and limit the power of said court to impose fines, punishment and imprisonment of persons convicted of offenses within the jurisdiction of said court; to provide for punishment for contempt of said court and for escapes by persons serving sentences imposed by said court; to provide the method of reduction and review of sentence imposed by said court; to fix the costs assessable in said court and to provide for the issuance of executions for the collection of fines, costs and forfeitures in said court; to provide for the issuance of summons and subpoenas by said court; to provide for the disposition of fines, costs and forfeitures collected by said court; to prescribe the rights of persons accused in said court; to authorize the making of arrests, the taking of bonds, and cash deposits in lieu of bonds, and for the forfeiture of same; to provide that the judge of said court shall be to all intents and purposes a jus tice of the peace so far as to authorize him to issue warrants and to commit persons to bail or jail for offenses against the laws of this State; to provide for limitations of prosecutions in said court; to pro vide for levy and sale under executions issued by said court; to require the Sheriff of Rockdale County to receive and take charge of prisoners sentenced by said court to imprisonment in the county jail and to pre scribe penalties for his refusal; to authorize the expenditure of public funds for any of the purposes of this Act; to provide for the designa-

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tion of the Sheriff of Rockdale County and certain deputies of the Rockdale County Sheriff's Department as ex officio constables; to con fer upon said court all general powers heretofore or hereafter granted to any other police or magistrate's court in this State except traffic offenses; to confer upon the Board of Commissioners of Rockdale County authority to pass any and all ordinances, rules and regulations neces sary to carry out the provisions of this Act; to create and establish a Small Claims Division of the Magistrate's Court of Rockdale County; to prescribe the jurisdiction of said division; to prescribe the pleading and practice in said division; to provide for the judge of said division; to provide for clerks of and for said division and for their duties and compensation; to provide for a bailiff of and for said division and for his duties; to provide for the service of summons of said division; to provide for liens; to provide for appeals; to provide for offices, court rooms and materials; 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 that service may be perfected by registered or certified mail; to provide the costs of court; to provide for validating the acts of said division and the proceedings therein; to provide for retirement and filling vacancies; to provide for the operating fund for said court; to provide for severability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Magistrate's Court Created. There is hereby created and established for and in the County of Rockdale a magistrate's court to be known as the Magistrate's Court of Rockdale County.

Section 2. Jurisdiction, (a) Said magistrate's court shall have jurisdiction to hear and determine cases involving violation of all county ordinances and regulations and to try and dispose of all offenses and offenders against any ordinance adopted by the governing authority of said county.

(b) This court and the judge thereof shall have all powers to do all acts which justices of the peace now or may hereafter be authorized to do under the law of Georgia, and shall have jurisdiction as to subject matter to try and to dispose of all cases where under the law subject matter jurisdiction is conferred upon justices of the peace and justice courts, and as to the amount involved therein, the jurisdiction there over shall extend to all cases wherein the principal amount shall be $3,000.00 or less. All proceedings and procedures, including but not limited to those relative to .pleadings, issuance of summons and war rants, committal hearings, trial by the court, trial by jury, and appeal and certiorari shall be the same as is now or may hereafter be provided for justices of the peace and justice courts under the laws of this State, except as otherwise provided in this Act.

(c) The court and the judge shall also have jurisdiction and power to conduct trials, receive pleas of guilty or of nolo contendere and to impose sentence upon defendants charged with the violations of the

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penal provisions of Code Section 79A-9917, as now or hereafter amended, as if this court were a magistrate's court as provided in that Section and upon defendants charged with violating the laws governing the inoculation of dogs against rabies as set forth in Code Chapter 88-15, relating to rabies, as now or hereafter amended, and upon defendants charged with violating the Georgia Boat Safety Act, approved April 19, 1973 (Ga. Laws 1973, p. 1427), as now or hereafter amended, and the law governing the abandonment of minor children as set forth in Code Chapter 74-99, as now or hereafter amended. Such jurisdiction and power of said court and the judge thereof shall extend over and throughout the whole and entire County of Rockdale.

(d) The judge of this court shall have the power to require the posting of cash or surety bonds for appearance in said court and to forfeit the same for nonappearance.

(e) This court shall have like powers of jurisdiction in regard to any ordinance, law or regulation adopted by the Board of Commis sioners of Rockdale County, if and when said board may be empowered to adopt such ordinance, laws or regulations.

(f) Jurisdiction of this court shall not extend to nor include those offenses related to traffic upon the public roads, streets, and high ways of this State as defined under the provisions of an Act known as the "Uniform Act Regulating Traffic on Highways", approved Jan uary 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as now or here after amended; or as defined in Code Title 68A, relating to Uniform Rules of the Road, as now or hereafter amended; or as defined in Code Title 68B, known as the "Driver's Licensing Act", as now or hereafter amended; or as defined in an Act creating a Department of Public Safety, approved March 19, 1937 (Ga. Laws 1937, p. 322), as now or hereafter amended; all of which shall remain as now vested in the Probate Court or Probate Judge of Rockdale County.

(g) Said court shall have such other and further jurisdiction as is hereinafter set forth, and as may from time to time hereinafter be granted by law.

Section 3. Limitations of Prosecution. All prosecutions for viola tions of any county ordinances or regulations shall be commenced within one year next after commission of the offense, and at no time thereafter, except that such period of limitations shall not run so long as the offender or offense is unkown and shall be suspended during such time as such offender may abscond from said county or absent himself therefrom or so conceal himself that he cannot be arrested or summoned to appear before said court. The arrest or service of sum mons on any such person charging him with such offense shall be deemed the commencement of prosecution for the purpose of this Section.
Section 4. Magistrate Ex Officio Justice of the Peace; Warrants; Commitments. The Judge of the Magistrate's Court of Rockdale County 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

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of Rockdale County, either with or without a hearing, which warrants shall be directed to the Sheriff of Rockdale County and his deputies and to all and singular the sheriffs, deputy sheriffs and constables of the State of Georgia, and any one of said officers shall have authority to execute such warrants. Said judge as ex officio justice of the peace shall have the power and authority to commit to the jail of Rockdale County offenders against the laws of the State of Georgia and in bail able cases to admit them to bail for their appearance at the next term of a court of competent jurisdiction to be held in and for the County of Rockdale. Said judge may issue such warrants and commit or admit to bail such persons, all without regard to whether or not such offense is alleged to have been committed within or without the corporate limits of any municipality within Rockdale County.

Section 5. Judge; Appointment; Term, Vacancies. The judge of said magistrate's court shall be appointed by the Board of Commis sioners of Rockdale County within 30 days after the effective date of this Act, and the first judge so appointed shall serve for a term ending December 31, 1979, and until his successor is appointed and qualified. All judges appointed for terms following the first as hereinabove pre scribed shall be appointed by said board for terms of two years and until their successors are appointed and qualified. All vacancies occur ring in such office shall be filled in like manner for the remainder of the unexpired term.
Section 6. Qualifications of Judge. The judge of said court shall be at least 25 years of age, a resident of Rockdale County at least two years immediately preceding his appointment, and must have actively practiced law for at least three years in this State immediately before taking office. For the purpose of this Act, a resident of Rockdale County shall include only those qualified members of the State Bar of Georgia who have steadily maintained a permanent residence in said county as distinguished from a temporary residence, vacation home, summer home, camp, retreat or the like. Such person shall further be a citizen and taxpayer of Rockdale County, and he shall be ineligible to hold any other public office. Said judge may engage in the practice of law in any court of this State or of the United States during his term of office except the Magistrate's Court of Rockdale County.
Section 7. Judge's Compensation. The Board of Commissioners of Rockdale County shall fix the compensation of said judge, but the same shall be not less than $12,000.00 per annum.

Section 8. Clerk; Duties and Bond. Said board of commissioners is further authorized and directed to elect a clerk of said magistrate's court, whose duty it shall be to keep a record of all proceedings of said court, to collect all costs, fines and forfeitures, and to remit same wihtin 72 hours to the Director of Finance of Rockdale County or such other person as may be designated by the governing authority of Rockdale County, for deposit in the county depository, as general funds of Rockdale County. Said clerk shall further be authorized and empowered to issue summons, subpoenas, rules to forfeit bonds, and such other similar writs as may be by law authorized. Said clerk shall give bond to Rockdale County in the sum of $10,000.00 for the faithful perform-

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ance of his duties and accounting for all funds coming into his posses sion by virtue of his office, and to insure the county against loss of any such funds. Said board may elect a sufficient number of deputy clerks as may be needed, who shall give bond in like manner as the clerk.
Section 9. Qualification and Term of Clerk. Said clerk and all deputy clerks shall be at least 25 years of age, shall have been a resi dent of Rockdale County for at least two years, shall be a citizen and taxpayer of Rockdale County and of good moral character. Said clerk and such deputy clerks shall serve at the pleasure of the Board of Commissioners of Rockdale County.

Section 10. Clerk's Compensation. The clerk and deputy clerks of said magistrate's court shall be paid a salary to be fixed by the Board of Commissioners of Rockdale County.

Section 11. Oath of Judge and Clerk. The judge and clerk of said magistrate's court shall, prior to entry upon their duties, take an oath to faithfully administer and discharge the duties of their respective offices in accordance with the Constitution and laws of the State of Georgia and the ordinances of Rockdale County.

Section 12. Terms and Place of Holding Magistrate's Court. Said magistrate's court shall be held in the county seat and shall be held at such regular or special terms as may be designated by the judge thereof, and to be no less than twice each month, and at such hour or hours of the day or evening as shall be fixed by the judge.

Section 13. Acting Magistrate. The judge of said magistrate's court shall have the authority to designate a practicing attorney hav ing the qualifications herein established for the judge of said court, as acting magistrate to serve in his place during his absence or dis ability, and if the judge of said court should fail to do so after being absent or disabled for a period of seven days or more, the Board of Commissioners of Rockdale County, by majority vote, may designate an acting magistrate to serve in his place, the compensation of such acting magistrate to be fixed by said board of commissioners. In the event said magistrate absents himself from the duties of his office unjusti fiably and for an unreasonable period of time to be adjudged of by the board of commissioners, said board may in its discretion reduce the compensation payable to said magistrate by an amount sufficient to pay the compensation of such acting magistrate. Any such acting magistrate, while so serving, shall have the same power and authority herein vested in the judge of said magistrate's court.

Section 14. Fines and Punishment. Upon conviction of violation of any of the ordinances, rules or regulations set forth by the govern ing authority of Rockdale County, the magistrate or judge of said court may punish such offender by imposing a fine not in excess of that pre scribed by the ordinance or regulation violated and in no event to exceed the sum of $200.00 for any single offense, by imprisonment in the county jail for a period not in excess of that prescribed by the or dinance or regulation violated and in no event to exceed 30 days for

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any single offense, or by any one or more of these punshments in the discretion of the judge of said magistrate's court. The Sheriff of Rockdale County shall receive, confine, feed and care for prisoners sentenced by said magistrate's court to imprisonment in the county jail in the same manner as persons charged with an indictable offense under gen eral laws of this State and subject to the same penalties for his refusal to receive and take charge of such persons, except that prisoners re ceived under sentence from said magistrate's court may be confined separately and apart from other classes of inmates of said jail as the sheriff may, in his discretion, provide and as general laws may require.

Section 15. Alternative Sentences. Said magistrate's court shall have the power and authority to impose fines on persons convicted of any offense within the jurisdiction of said court with the alternative of imposing other punishment allowed by law in case said fines are not paid, and to commit prisoners to the Rockdale County jail.

Section 16. Sentence; Reduction and Review. The judge of said magistrate's court shall have the authority to reduce any sentence or fine imposed by him prior to the payment of said fine and execution of said sentence but shall not have the right to grant a new trial. Re view of any final order or judgment of said magistrate's court shall be by certiorari to the Superior Court of Rockdale County in the manner prescribed by law for certiorari from justice courts and a supersedeas may be obtained by compliance with the procedure set forth in Section 19-214 of the Georgia Code and the giving of bond as provided therein, which bond shall be made to Rockdale County.

Section 17. Contempt. The judge of said magistrate's court shall have the power to punish for contempt by fine not exceeding $200.00, imprisonment in the county jail not exceeding ten days, either or both, or any part thereof, in the discretion of said judge.

Section 18. Executions for Fines. Execution may issue immedi ately, where any fine is imposed by the judge of said magistrate's court, to be levied upon the goods, chattels, lands and tenements of the person fined, if the fine is not immediately paid, which execution shall bear teste in the name of the judge of said court, be signed by the clerk of said court and be directed to the Sheriff of Rockdale County, and to all and singular the sheriffs, deputy sheriffs and constables of the State of Georgia. The Sheriff of Rockdale County and such deputies of the Sheriff's Department as may be appointed in writing by said sheriff, not to exceed five in number, shall be ex officio constables for the pur pose of levy and sale under all executions issued pursuant to this Act, and such executions shall be levied and sales thereunder conducted and proceeds thereof distributed in accordance with the laws governing levy and sale in justice of the peace courts of this State, except that the judge of said magistrate's court shall be deemed to be ex officio justice
of the peace in whose court all such levies and sales shall proceed, and said magistrate shall be empowered to hear and dispose of all questions and claims arising therefrom, whether the same are made by said chief of police, ex officio constables or other officers to whom such executions are directed.

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Section 19. Costs. In each case of conviction in said magistrate's court, the costs assessable shall be $5.00. Costs shall go into the general fund of the county for general county purposes.

Section 20. Peace Officers' Annuity and Benefit Fund. All fines and forfeitures collected in said magistrate's court shall be subject to assessment in the amount prescribed by law for contribution to the Peace Officers' Annuity and Benefit Fund as in cases tried in municipal courts of this State.

Section 21. Rights of Accused. Any person charged with an offense against any ordinance, rule or regulation of said county shall be informed by summons in writing served on him of the nature of the
course of his accusation, shall have compulsory process for obtaining witnesses in his behalf, shall have a speedy trial before the judge of said magistrate's court, shall be confronted with the witnesses against him and have the privilege of cross-examination, as in the superior courts of this State, and shall have the privilege of defending himself, by counsel or by himself, or both, as to him shall seem proper. No one shall be fined or punished without full opportunity of being heard in
his own defense.

Section 22. Issuance of Summons. Upon information known to or complaint lodged with the sheriff or any deputy of Rockdale County, Georgia, or the judge or clerk of said magistrate's court any person within the limits of Rockdale County charged with the violation of any ordinance, resolution, rule or regulation of said county within the jurisdiction of said court may be brought before the said magistrate's court to answer said charge by service upon said person of a summons
from said court setting forth the nature of the charge and the time and place of the hearing. Said summons shall be signed by the judge, clerk, sheriff or deputy sheriff issuing same and a copy thereof shall be served upon the accused either personally or by leaving the copy at his place of residence.

Section 23. Issuance of Subpoenas. Said court shall have the au thority to compel the attendance before any of its sessions of witnesses within the limits of Rockdale County by service upon such witnesses of a subpoena from said court directed to the witness, stating the time and place of trial and the parties to the case and which shall be served upon said witness either personally or by leaving the copy at his place of residence.

Section 24. Punishment for Contempt in Failing to Answer Sum mons or Subpoena. Said court shall have power to punish as for con tempt of court any person failing or refusing to obey any summons or subpoena served upon him as provided in the preceding Sections, within the limits hereinbefore prescribed for punishment for contempt. The cause may be continued to such time as the judge may direct and the court shall issue an order requiring the sheriff or deputy sheriffs of Rockdale County to arrest the offender and bring him before the court to answer the contempt and it shall be the duty of such officer to arrest
such person and to keep such person in custody until he is brought be-

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fore the court unless he gives bond for his appearance at the time ap pointed for further hearing, as provided by law.

Section 25. Facsimile Signature. The name of the clerk of said magistrate's court, required on subpoenas and other papers, may be printed or stamped on such papers, which shall be in compliance with law and shall have the same force and effect as if written thereon by the clerk.
Section 26. Arrests; Bonds and Forfeiture. When an arrest is made for the violation of any county ordinance, resolution, rule or reg ulation whether under a warrant or not, the arresting officer shall carry the person arrested before said magistrate's court where the same shall be disposed of as other cases of arrest not under warrant. Provided, however, that any arresting officer shall have authority to release any person arrested for violation of any ordinance of said county upon such person giving a bond payable to Rockdale County in an amount and surety to be approved by the Sheriff of Rockdale County or as directed by the judge of said magistrate's court, conditioned for the appearance of such person before the magistrate's court at the time and place specified in said bond and from time to time until he or she shall have been tried for the offense for which charged. Upon the failure of the appearance of any person so released under bond to appear for trial at the time named therein, such bond shall be forfeited and a rule shall be issued by the clerk of said magistrate's court requiring such person or the surety upon such bond to show cause before said court, at a time not less than ten days from the date of such rule, why such bond should not be absolutely forfeited. Such rule shall be served by any officer authorized to serve summons and subpoenas of said court upon the surety or sureties on such bond at least five days before the return day thereof, and such service may be made personally or by mailing a written notice by registered or certified mail to such person or persons at their last known address. At the return time if no good and sufficient cause is shown, the judge shall proceed to forfeit said bond absolutely, and execution shall issue for the full amount thereof, and all costs against the principal and surety thereon or such of them as shall have been served. Such executions shall be delivered by the clerk of the said magistrate's court to the Sheriff of Rockdale County for collection as in cases of executions for fines.
Section 27. Cash Deposit in Lieu of Bond. When an arrest is made for the violation of any county ordinance, regulation, rule or resolu tion, the party arrested, at his sole discretion, may deposit with the Sheriff of Rockdale County a sum of money to insure his appearance in said magistrate's court for trial, said deposit to be in lieu of bond and not to be less than $50.00 or more than $200.00; and said party shall be released as if bond had been given. Where such cash deposit has been made in lieu of bond and the person making such deposit shall fail to appear before said court at the time appointed, said sum of money shall be forfeited by the owner thereof and paid over by the Sheriff of Rockdale County to the county depository as general funds of said county, without necessity of any further notice or proceedings.
Section 28. Acceptance of Forfeiture in Lieu of Fine. In all cases

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of forfeiture of bonds or cash deposits in lieu of bond, the judge of the magistrate's court shall be authorized, in his discretion, to accept the payment of such forfeitures in lieu of fines, and as final disposition of said charges. If the same is not so accepted, such forfeitures shall not be a bar to further proceedings against such offenders for the violations charged.

Section 29. General Powers of Court. Said magistrate's court is hereby granted all general powers heretofore or hereafter granted by any Act of the General Assembly of Georgia to any police or magis trate's court in this State, municipal or otherwise.

Section 30. General Powers of Board. The Board of Commissioners of Rockdale County shall have the full power and authority to pass any and all ordinances, rules and regulations necessary and proper to carry out the provisions of this Act and to expand any public funds for such purposes.

Section 31. Small Claims, (a) There is hereby created and estab lished a Small Claims Division of the Magistrate's Court of Rockdale County. Said division shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,000.00, 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.

(b) The judge of the magistrate's court shall serve as judge of the Small Claims Division.

(c) The clerk of the magistrate's court shall serve as clerk of the Small Claims Division.
(d) (1) Actions in the Small Claims Division shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plain tiff or his agent shall verify the statement of claim by oath or affirma tion in the form herein provided, or its equivalent, and shall affix his signature thereto. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action.
(2) A copy of the verified 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. Service of said notice shall be made only within the county. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a duly qualified bailiff of the Small Claims Division, by registered or certified mail with receipt, or by any person not a party to, or otherwise inter ested in, the suit, who is specially appointed by the judge of said di vision for that purpose.

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(3) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, the verification and the notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting the date of mailing on the record. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to the sender by United States postal authorities marked "refused", giving the date of refusal, and such no tation of refusal is signed or initialed by a United States postal employee or United States mail carrier to whom refusal was made, then the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant.

(4) When served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant.

(5) Upon the failure of the defendant to appear, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount.

(6) Said notice shall include the date, hour and location of the hearing, which date shall not be less than ten nor more than thirty days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail, the date of mailing shall be the date of service.

(e) A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated.

(f) (1) The plaintiff, when he files his claim, shall deposit the sum of $20.00 with the court, which shall cover all costs of the pro ceeding, including the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $20.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion.

(2) 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 Division, the levying officer shall forthwith return the same to said division of the magistrate's court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Division. The same rules of practice and procedure shall apply as in cases of affi davits of illegality. All attachment proceedings shall be tried by the judge and without a jury.

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(g) (1) The trial shall be conducted on the day set for the hear ing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnes 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 its merits.
(2) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantative law. All rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice.
(3) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, the 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, order the same dis missed for want of prosecution, or make any other just and proper disposition thereof, as justice may require.
(h) If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or 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 jurisdiction of the division, he may use a part thereof to offset the claim of the plaintiff.
(i) 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 dis cretionary power to stay the entry of judgment, 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.
(j) The judge of said Small Claims Division shall not be obligated 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.
(k) The Judge of the Magistrate's Court of Rockdale 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 the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof.
(1) The Sheriff of Rockdale County and his deputies shall serve summons, make levies and sales, and serve as bailiffs of said Small Claims Division.

(m) A judgment of said Small Claims Division shall become a lien on both the real and personal property of a defendant, regardless of

MONDAY, MARCH 6, 1978

2695

where such property is situated within the State. Said judgment shall become a lien at the time an execution based upon such judgment is filed in the office of the clerk of the superior court for said county and the entry thereof is made by the clerk in the general execution docket for said county.

(n) Appeals may be had from judgments returned in the Small Claims Division of the Magistrate's Court of Rockdale County to the superior court and the same provisions now provided for by general law for appeals, contained in Code Chapter 6-1, to the superior court, shall be applicable to appeals from the Small Claims Division to the superior court, the same to be a de novo appeal.

(o) Until otherwise provided by the rules of the court, the state ment of claim, verification, and notice shall be in the following form, or equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law:

"Small Claims Division of the Magistrate's Court of Rockdale County

-------------------------- Georgia

Plaintiff

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, if the action is on a contract, either express or implied, the original statement of the plaintiff's claim which is to be filed with the court may 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--_.._.

2696

JOURNAL OF THE SENATE,

Notary Public (or Attesting Official)
Notice. TO:---------------------.
Defendant
Home Address or
Business Address
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 bear ing 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 Division of the Magistrate's Court of Rockdale County

(p) All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by the Board of County Commissioners. They shall also pro vide a suitable room in the courthouse for the holding of said court.

(q) Said Small Claims Division shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate

MONDAY, MARCH 6, 1978

2697

the time or times for the return of attachments and executions. A garnishee shall be required to file his answer not sooner than 30 days and not later than 45 days after he is served with summons. Whenever a garnishee shall fail or refuse to answer as provided above, the judge may render a default judgment as provided in Code Section 46-508, but no judgment shall be rendered against a garnishee before a final judg ment shall have first been rendered against the defendant.

(r) A summons of garnishment may be served by the sheriff or his deputies or by a lawful constable. Whenever service is made in person by a court officer, as aforesaid, such officer shall enter his re turn of service either on the back of the original garnishment affidavit or the attachment writ, as the case may be, or such entry of service in the case of attachment may be made on a separate paper and attached to the writ of attachment.
(s) The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $5.00, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Division. 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 $5.00.
Section 32. Operations; Funds. Funds for operation of court shall be paid out of the general funds of Rockdale County. All expenses nec essary for the efficient operation of said court including, but not limited to, the salary of the judge and solicitor, salaries of clerical assistants, salaries of the court reporter when authorized by the judge of said court, supplies, materials, furniture, furnishings, equipment, and any other expenditure necessary or needful for carrying into effect and maintaining this court shall be paid by the governing authority of Rockdale County.
Section 33. Severability. In the event any provision of this Act shall be held illegal, void or unconstitutional, the same shall not vitiate the remaining provisions of said Act, but all such provisions not held illegal, void or unconstitutional, shall remain in full force and effect.

Section 34. Repealer. 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, was agreed to by substitute.

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

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

2698

JOURNAL OF THE SENATE,

HB 1143. By Representative Dixon of the 151st:
A bill to amend an Act creating a Board of Commissioners of Ware County, as amended, so as to change the salary of the chairman of the board of commissioners; to authorize the board of commissioners to increase the salary of the chairman of the board after a certain 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 1701. By Representatives Buck of the 95th, Cason of the 96th, Bishop of the 94th and others:
A bill to amend an Act establishing the State Court of Muscogee County so as to change the compensation of the Solicitor and the Assistant Solicitor of the State Court of Muscogee 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 1766. By Representatives Burruss and Housley of the 21st, Cooper of the 19th and others:
A bill to amend an Act creating a Board of Commissioners for Paulding County so as to change the provisions relating to the recall of the chair man or commissioners.

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

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

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

HB 1872. By Representative Kemp of the 139th: A bill to amend an Act supplementing the fees of the Judge of the Pro-

MONPAY, MARCH 6, 1978

2699

bate Court of Liberty County so as to change the compensation of the clerk 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 1897. By Representatives Kemp of the 139th and Rush of the 121st:
A bill to amend an Act establishing the Board of Commissioners of Long County so as to authorize the board of commissioners to fix the compensation of the clerk of the board within a certain salary range.

The report 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 1899. By Representatives Rush of the 121st and Kemp of the 139th:
A bill to amend an Act placing the Judge of the Probate Court of Long County on an annual salary so as to authorize the board of commis sioners to fix the salary of the clerk of the judge of the probate court within a certain salary range.

The report 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 1900. By Representatives Rush of the 121st and Kemp of the 139th:
A bill to amend an Act placing the Sheriff of Long County on an annual salary in lieu of the fee system of compensation so as to authorize the board of commissioners to fix the compensation of deputy sheriffs within a certain salary range; to change the number of deputy sheriffs.

2700

JOURNAL OF THE SENATE,

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

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

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

HB 1901. By Representatives Rush of the 121st and Kemp of the 139th:
A bill to amend an Act placing the Clerk of the Superior Court of Long County on an annual salary so as to authorize the board of commis sioners to fix the salary of the deputy clerk of the superior court within a certain salary range.

The report 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 1902. By Representatives Rush of the 121st and Kemp of the 139th:
A bill to amend an Act creating the State Court of Long County so as to authorize the board of commissioners to fix the compensation of the solicitor of said court within a certain salary range.

The report 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 1908. By Representative Connell of the 87th:
A bill to amend an Act establishing a charter for the City of Augusta and incorporating the City Council of Augusta so as to provide that the rules for qualification, promotional policy and selection policy of the fire department shall be controlled by rules established by the City Council of the City of Augusta.

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

MONDAY, MARCH 6, 1978

2701

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

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

HB 1909. By Representative Connell of the 87th:
A bill to amend an Act creating the Augusta-Savannah River Parking and Urban Redevelopment Authority so as to change the name of said Authority; to provide that work and projects done outside of the city limits of the City of Augusta by or through the Authority shall first be approved by the City Council of Augusta.

The report 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 1922. By Representatives Taggart of the 125th, Battle of the 124th and Hill of the 127th:
A bill to provide for the compensation of certain county officers and officials of Chatham County; to provide for cost-of-living increases.

The report 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 1951. By Representatives Benefield, Johnson, Wood of the 72nd and others:
A bill to amend an Act abolishing the fee system of compensation for the Clerk of Superior Court of Fayette County and providing an annual salary in lieu thereof so as to change the compensation of the clerk of superior court.

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

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

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

2702

JOURNAL OF THE SENATE,

HB 1969. 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 so as to autho rize the sheriff to appoint three deputies; to provide that Bacon County shall furnish not less than four automobiles to the sheriff and his 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 49, nays 0.

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

HB 1970. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act creating the Small Claims Court in Bacon County so as to change the provisions relative to the cost of filing claims; to change the provisions relative to jurisdiction.

The report 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 1995. By Representatives Jones of the 78th and Adams of the 79th:
A bill to amend an Act fixing the salary for the chairman and members of the Board of Commissioners of Pike County so as to change the compensation of the chairman and members of the board.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.

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

HB 1996. By Representatives Russell of the 64th and McDonald of the 12th:
A bill to amend an Act to re-create and establish a Board of Commis sioners of Barrow County so as to change certain provisions relating to limitation on business dealings with the county by certain persons,

MONDAY, MARCH 6, 1978

2703

firms, and corporations; 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 49, nays 0.

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

HB 1997. By Representatives Russell of the 64th and McDonald of the 12th:
A bill to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Barrow County into the office of Tax Commissioner of Barrow County so as to change the compensation of the tax com missioner.
The report 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 2000. By Representative Culpepper of the 98th:
A bill to amend an Act creating a Small Claims Court for Crawford County so as to change the provisions relating to the jurisdiction of said court; to change the provisions relating to court costs; to change the provisions relating to bailiffs; to change the provisions relating- to fees.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

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

HB 2014. By Representatives Tuten of the 153rd and Auten of the 154th:
A bill to amend an Act abolishing the fee system mode of compensating the Clerk of the Superior Court and the Judge of the Probate Court of Glynn County and placing said officers on an annual salary so as to change the provisions relating to the compensating of the deputies of the judge of the probate court.

2704

JOURNAL OF THE SENATE,

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

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

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

HB 2015. By Representatives Tuten of the 153rd and Auten of the 154th:
A bill to amend an Act creating the State Court of Glynn County so as to change the provisions relating to the compensation of the clerk and deputy clerks; to change the number of deputy clerks authorized.

The report 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 2021. 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 change the compensation provisions 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 49, nays 0.

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

HB 2028. By Representative Ross of the 76th:
A bill to amend an Act creating a new charter for the City of Lincolnton so as to change the provisions relating to temporary loans.

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

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

MONDAY, MARCH 6, 1978

2705

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

HB 2029. By Representative Ross of the 76th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Lincoln 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 49, nays 0.

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

HB 2031. By Representative Ross of the 76th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Lincoln county, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.

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

HB 2032. By Representative Ross of the 76th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Lincoln County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees and emoluments; to provide for periodic statements.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.

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

2706

JOURNAL OF THE SENATE,

HB 2033. 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 so as to change the compensation of the tax com missioner; to provide for payment by the county of certain expenses of the office of 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 2034, By Representative Ross of the 76th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lincoln County and providing in lieu thereof an annual salary so as to change the compensation of the said 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 2035. By Representative Ross of the 76th:
A bill to amend an Act providing compensation for the Treasurer of Lincoln County so as to change the compensation of said 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 49, nays 0.

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

HB 2036. By Representative Jones of the 78th:
A bill to amend an Act to provide minimum salaries for probate judges of the various counties within the State of Georgia so as to change the minimum salary of the probate judge in all counties having a certain population.

MONDAY, MARCH 6, 1978

2707

The report 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 2040. By Representative Murphy of the 18th: A bill to amend an Act providing an annual salary for the Treasurer of Haralson County so as to change the compensation of the Treasurer of Haralson County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.

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

HB 2041. By Representatives Mann, Milford and Clark of the 13th: A bill to create and establish a Small Claims Court in and for Franklin 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 2043. By Representatives Tuten of the 153rd and Auten of the 154th:
A bill to amend an Act placing the Sheriff of Glynn County upon an annual salary so as to authorize the employment and compensation of certain additional personnel by the sheriff; to change the provisions relating to the compensation of certain persons employed by 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.

2708

JOURNAL OP THE SENATE,

HB 2048. By Representative Culpepper of the 98th:
A bill to amend an Act creating and establishing a new charter for the City of Byron so as to repeal the provisions relating to the mayor's court and to create a recorder's court for said city; to provide for the appointment of a judge.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.

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

HB 2049. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act creating a county commissioner of Gilmer County and an advisory board of Gilmer County so as to change the provisions relative to the compensation of the commissioner, the clerk of the commissioner and members of the advisory board.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.

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

HB 2050. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act abolishing the fee system of compensation for the Clerk of the Superior Court of Gilmer County and providing a salary for said officer so as to change the provisions relative to the compensation of the deputy 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 49, nays 0.

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

HB 2051. By Representative Chance of the 129th:
A bill to amend an Act creating a charter for the City of Bloomingdale in the County of Chatham so as to change the corporate powers; to provide for issuance of bonds; to provide for a referendum.

MONDAY, MARCH 6, 1978

2709

The report 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 2052, By Representative Chance of the 129th:
A bill to amend an Act creating a charter for the City of Bloomingdale in the County of Chatham so as to redefine the corporate limits.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
*
On the passage of the bill, the yeas were 49, nays 0.

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

HB 2053. By Representative Chance of the 129th:
A bill to amend an Act creating a charter for the City of Bloomingdale in the County of Chatham so as to change the jurisdiction of the City Police 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 2054. By Representatives Wood, Jackson and Whitmire of the 9th:
A bill to amend an Act entitled "An Act to amend the charter of the City of Gainesville, to change the corporate name of said City, to abolish the office of Mayor and Councilmen and certain other offices of said City created by Legislative enactment, to provide for a Commis sion Manager form of government for 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 49, nays 0.

2710

JOURNAL OF THE SENATE,

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

HB 2055. By Representatives Wood, Jackson and Whitmire of the 9th: A bill to create the Gainesville Redevelopment 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 49, nays 0.

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

HB 2059. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act placing the Probate Court Judge of Laurens County on an annual salary in lieu of fees so as to change the com pensation of the probate court judge.

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

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

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

HB 2062. By Representatives Greene and Stone of the 138th:
A bill to amend an Act placing certain of the county officers of Appling County upon an annual salary so as to change the compensation of the Sheriff of Appling 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 2063. By Representatives Stone and Greene of the 138th:
A bill to provide that the Board of Commissioners of Appling County shall forego the collection and remittance of the commission on the collection of school taxes in Appling County.

MONDAY, MARCH 6, 1978

2711

The report 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 2064. By Representatives Greene and Stone of the 138th:
A bill to amend an Act placing the Judge of the Probate Court of Appling County on a salary so as to change the compensation of the judge.

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

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

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

HB 1975. By Representatives Logan of the 62nd, Argo of the 63wi and Russell of the 64th:
A bill to amend an Act providing for the merger of the independent school system of the Mayor and Council of the City of Athens and the school district of Clarke County so as to provide that taxes levied thereunder for support and maintenance of the school system shall not be levied or used for the purpose of acquiring real estate or purchasing or constructing buildings or to accumulate funds for future use.

The report 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 following local, uncontested bill of the House, having been read the third time and passed on March 9, 1977, reconsidered on March 9, 1977, was put upon its passage:

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-

2712

JOURNAL OF THE SENATE,

thority shall be exempt from sales and use taxes on property purchased directly by the Authority.

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

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

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

The following local, uncontested bills of the House, favorably reported by the committee, were read the third time and put upon their passage:

HB 1972. By Representative Adams of the 79th:
A bill to amend an Act incorporating the City of Molena so as to change the terms of the mayor and aldermen and provide for staggered terms.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1972 by adding on line 5 of Page 1 after the following: "staggered terms",
the following: "and for certain designations relating thereto".

On the adoption of the amendment, the yeas were 49, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.

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

HB 2060. By Representatives Greene and Stone of the 138th:
A bill to amend an Act creating the Board of Commissioners of Appling County so as to change the compensation of the Commissioners of Appling County.

MONDAY, MARCH 6, 1978

2713

The Senate 'Committee on County and Urban Affairs offered the following amendment:
Amend HB 2060 by striking on line 18 on Page 1 thereof the follow ing:
"$2,400.00",
and inserting in lieu thereof the following:
"$3,000".
And, by striking on line 19 on Page 1 the following:
"$200.00",
and inserting in lieu thereof the following: i "$250".

On the adoption of the amendment, the yeas were 49, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 2061. By Representatives Greene and Stone of the 138th: A bill to amend an Act placing certain of the county officers of Appling County upon an annual salary so as to change the compensation of the Sheriff and the Clerk of the Superior Court of Appling County.
The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 2061 by striking on line 20 on Page 1 the following: "$15,500.00",
and inserting in lieu thereof the following: "$16,500".
On the adoption of the amendment, the yeas were 49, nays 0, and the amend ment was adopted.

2714

JOURNAL OF THE SENATE,

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

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 2065. By Representatives Greene and Stone of the 138th: A bill to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Appling County into the office of the Tax Commis sioner of Appling County so as to change the compensation of the tax commissioner.
The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 2065 by striking on lines 16 and 19 on Page 1 the following:
"$13,500.00",
and inserting in lieu thereof the following:
"$15,000".
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.

HR 569. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the transfer of all existing municipally owned or operated sanitary landfills or garbage disposal systems located within the unincorporated

MONDAY, MARCH 6, 1978

2715

area of any county of this State having a population of 600,000' or more according to the United States Decennial Census of 1970 or any future such census or within any municipality located wholly or partially within any such county, together with the personal property, debts, assets and employees thereof, to such county for operation of said sani tary landfills or garbage disposal systems; to provide that such county shall have full power and authority, within the unincorporated and incorporated regions of the county, to operate sanitary landfills and garbage disposal systems; to provide that no municipality located wholly or partially within any such county may operate a sanitary landfill or garbage disposal system; 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:
1 Section 1. Article IX, Section IV, Paragraph II of the Consti tution is hereby amended by adding at the end thereof the following:

"Notwithstanding any other provision of this Constitution, any uniformity provisions otherwise contained in this Constitution, and any general law of this State, all existing municipally owned or operated sanitary landfills or garbage disposal systems located within the unincorporated area of any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census, and all existing municipally owned or operated sanitary landfills or garbage dis posal systems within any municipality located wholly or partially within any such county, together with the personal property, debts, assets and employees thereof, are hereby transferred to such county for operation of said sanitary landfills or garbage disposal systems.

After midnight, December 31, 1978, all public sanitary land fills and garbage disposal systems in the unincorporated area of any such county and within all parts of any municipality located wholly or partially within any such county shall be funded, main tained, operated, and continued in existence by such county and no municipality located wholly or partially within any such county may operate a sanitary landfill or garbage disposal system, except as authorized by this amendment.

Sanitary landfills and garbage disposal systems within any such county shall be transferred and continued in existence in ac cordance with procedures which shall be prescribed by local act of the General Assembly."

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:

2716

JOURNAL OF THE SENATE,

"( ) YES Shall the Constitution be amended so as to pro vide for the transfer of all existing municipally owned or operated sanitary landfills or garbage disposal systems located within the unincor-
( ) NO porated area of any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census, or within any municipal ity located wholly or partially within any such county, together with the personal property, debts, assets and employees thereof to such county for operation of said sanitary landfills or garbage disposal systems; and to provide that no municipality located wholly or partially within any such county may operate a sanitary landfill or garbage disposal system?"

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 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 Kennedy Kidd
Lester M"Oill Overby Paulk Pearce Reynolds Riley

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

Those voting in the negative were Senators Brantley and Johnson.

MONDAY, MARCH 6, 1978

Those not voting were Senators:

Banks (excused conferee)

Bond Fincher

Langford rlra>ior

2717

On the adoption of the resolution, the yeas were 49, nays 2.

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

HE 570. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly shall have the power by general, local, or special law to create a unified municipal/county water and sewer system be tween any county having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census, and the largest municipality lying wholly or partially therein; to pro vide for the largest municipality within such county to own, finance, operate and manage the municipal/county water and sewer system on a unified basis throughout such county and in such other areas as may be desirable; to provide for the submission of this amendment for rati fication or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article IX, Section IV, Paragraph II of the Constitution is amended by adding at the end thereof the following:
"Notwithstanding any other provision of this Constitution, any uniformity provisions otherwise contained in this Constitution, and any other general law of this State, the General Assembly shall have the power by general, local, or special law to create a unified municipal/county water and sewer system between any county having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census, and the largest municipality lying wholly or partially therein. The terms 'municipality', 'municipal', or 'largest municipality' as used in this amendment, shall mean the largest municipality by population ac cording to the last United States Decennial Census lying wholly or partially within such county, unless a different meaning clearly appears from the context.
Without limiting the foregoing, the General Assembly shall have the power to:
(1) Require such municipal water and sewer system and the

2718

JOURNAL OF THE SENATE,

county water and sewer system to be merged and operated as a unified municipal/county water and sewer system.

(2) Prohibit the operation of any water or sewer system by
such county or such municipality other than the system created pursuant to this amendment.

(3) Provide for the lease or transfer of any public property, or the purchase or condemnation of private property, for the opera
tion of the unified municipal/county water and sewer system.

(4) Provide for such municipality to own, finance, operate and manage the municipal/county water and sewer system on a unified basis throughout such county and in such other areas as may be desirable.

(5) Provide for the manner and method of retirement of bonded indebtedness secured by revenues of any system of any governmental unit joining the system created pursuant to this amendment.

(6) Provide the terms and conditions upon which such county, the largest municipality lying wholly or partially within such county, or any other municipality lying wholly or partially within such county shall receive the services of the municipal/county water and sewer system.

(7) Provide that the system created pursuant to this amend ment shall be deemed to be the water and sewer system of the largest municipality in such county for purposes of existing and new bonded indebtedness of said municipality, and that there shall be no pledge of the credit or any other incumbrance on any other participating municipality whether participating in whole or in part in said system.

(8) Provide the provisions, terms or conditions as necessary to effectuate the purposes of this amendment, subject to the limita tions herein contained.

(9) Nothing herein contained shall be deemed to compel con solidation of either the water or sewer system in whole or in part of any municipality lying wholly or partially within such county without the consent of the governing authority of such affected municipality, except the water and sewer system of the largest municipality in such county.

(10) Notwithstanding anything herein contained to the con trary, each municipality retaining and operating a water or sew age system separate from the unified municipal/county water and sewage system shall retain sole and exclusive control to determine and assess rates, charges and revenues from its separate water or sewer system."

Section 2. The above proposed amendment to the Constitution shall

MONDAY, MARCH 6, 1978

2719

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 create a unified ( ) NO municipal/county water and sewer system be
tween any county having a population of 600,000 or more according to the United States Decen
nial Census of 1970 or any future such census, and the largest municipality lying wholly or partially therein?"

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.

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 6th , Doss
Eldridge English
Evans Fincher

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

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

Those voting in the negative were Senators:

Brantley

Johnson

Stephens

2720

JOURNAL OF THE SENATE,

Those not voting were Senators:

Bond Dean of 31st (excused conferee)

Duncan Langford

Traylor

On the adoption of the resolution, the yeas were 48, nays 3.

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

HR 571. By Representatives Marcus of the 26th, Adams of the 3'6th, Hamilton of the 31st and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the transfer of all existing library facilities and services located within any county of this State having a population of 600,000 or more ac cording to the United States Decennial Census of 1970 or any future such census and within any municipality located wholly or partially within such county, together with the property, debts, assets and em ployees thereof, to a countywide library service; to designate such fa cilities and services as, and make them a part of, the countywide library service; to provide that such county shall be the funding government the countywide library service; to provide for a library board of trus tees who shall administer the countywide library service; 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:
Secton 1. Article IX, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:
"Notwithstanding any other provision of this Constitution, any uniformity provisions otherwise contained in this Constitution, and any general law of this State, all existing public library sys tems, facilities and services located within any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census and all library facilities and services located within all parts of any mu nicipality located wholly or partially within such county, are hereby designated as, and made a part of, a countywide library service.

The county shall be the funding government for all library services provided by the countywide library service.

After midnight, December 31, 1976, all public library services

MONDAY, MARCH 6, 1978

2721

and facilities in the unincorporated region of any such county and within all parts of any municipality located wholly or partially within any such county shall be maintained, operated, and con tinued in existence by the countywide library service, and no mu nicipality located wholly or partially within any such county may operate a public library system or facility, except as authorized by this amendment.

Responsibility for constructing, operating, and maintaining all library facilities and services within all above-mentioned por tions of any such county shall be hereinafter vested in the countywide library service which shall be administered by a library board of trustees.

On or before January 1, 1979, all physical facilities, obligations, debts, assets, records, employees, causes of action, rights, and all other personal or real property of every public library located in any such county or in any municipality located wholly or partially within any such county shall be transferred to such county for op eration of the countywide library service.
The countywide library service shall be established and all transfers made in accordance with procedures which shall be pre scribed by local Act of the General Assembly. The composition of the library board of trustees and the manner of appointment thereto shall also be in accordance with procedures which shall be pre scribed by local Act of the General Assembly."
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 the transfer of all existing library fa-
( ) NO cilities and services located within any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census and within any municipality located wholly or partially within any such county, together with the property, debts, assets, and employees there of, to the countywide library service; to desig nate such facilities and services as, and make them a part of, the countywide library service; to provide that such county shall be the funding government of the countywide library service; and to provide for a library board of trustees who shall administer the countywide library service?"

2722

JOURNAL OF THE SENATE,

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

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

The Senate Committee on County and Urban Affairs offered the following substitute to HR 571:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the transfer of all existing library facilities and services located within any county of this State, having a population of 600,000 or more ac cording to the United States Decennial Census of 1970 or any future such census and within any municipality located wholly or partially within such county, together with the property, debts, assets and em ployees thereof, to a countywide library service; to designate such facilities and services as, and make them a part of, the countywide library service; to provide that such county shall be the funding gov ernment of the countywide library service; to provide for a library board of trustees who shall administer the countywide library service; to authorize the General Assembly to provide for retention of title to real estate and buildings used for library purposes by certain munici palities; 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 IX, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:
"Notwithstanding any other provision of this Constitution, any uniformity provisions otherwise contained in this Constitution, and any general law of this State, all existing public library sys tems, facilities and services located within any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census and all library facilities and services located within all parts of any mu nicipality located wholly or partially within such county, are hereby designated as, and made a part of, a countywide library service.
The county shall be the funding government for all library services provided by the countywide library service.
After midnight, December 81, 1978, all public library services and facilities in the unincorporated region of any such county and within all parts of any municipality located wholly or partially within any such county shall be maintained, operated, and con-

MONDAY, MARCH 6, 1978

2723

tinued in existence by the countywide library service, and no mu nicipality located wholly or partially within any such county may operate a public library system or facility, except as authorized by this amendment.
Responsibility for constructing, operating, and maintaining all library facilities and services within all above-mentioned por tions of any such county shall be hereinafter vested in the countywide library service which shall be administered by a library board of trustees.
On or before January 1, 1979, all physical facilities, obligations, debts, assets, records, employees, causes of action, rights, and all other personal or real property of every public library located in any such county or in any municipality located wholly or partially within any such county shall be transferred to such county for operation of the countywide library service.

The countywide library service shall be established and all transfers made in accordance with procedures which shall be pre
scribed by local Act of the General Assembly. The composition of the library board of trustees and the manner of appointment thereto shall also be in accordance with procedures which shall be prescribed by local Act of the General Assembly.

The General Assembly shall be authorized to provide by law that any municipality other than the largest municipality located wholly or partially within any such county shall retain title to real estate and buildings used for library purposes."

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 transfer of all existing library
( ) NO facilities and services located within any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census and within any municipality located wholly or par tially within any such county, together with the property, with certain exceptions, debts, assets, and employees thereof, to the countywide library service; to designate such facilities and services as, and make them a part of, the countywide library service; to provide that such county shall be the funding government of the countywide library service and to provide for a library board of trustees who shall administer the countywide library service?"

2724

JOURNAL OF THE SENATE,

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

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

On the adoption of the substitute, the yeas were 44, nays 2, 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 Ballard Banks Barker Barnes Bell
Broun of 46th Brown of 47th Carter Coverdell
Dean of 6th Doss Eldridge English Evans

Foster Gillis Greene Hill Howard Hudgins
Hudson Kennedy Kidd Lester
McGill Overby Paulk Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens
Stumbaugh Button Tate Thompson
Timmons Tysinger Walker Wessels

Voting in the negative were Senators Brantley and Johnson.

Those not voting were Senators:

Bond Dean of 31st (excused conferee) Duncan

Fincher Holloway (excused conferee) Langford

Pearce Summers Tray lor Turner

On the adoption of the resolution, the yeas were 44, nays 2.

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

MONDAY, MARCH 6, 1978

2726

HR 573. By Representatives Marcus of the 26th, Adams of the 36th, Ham ilton of the 31st and others:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that under certain conditions the General Assembly shall be authorized by law to provide requirements relative to the financing of services in counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census; to provide that the General Assembly may by law provide for the im plementation of such requirements and for other matters relative there
to; 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 IX, Section IV, Paragraph II of the Constitution is amended by adding at the end thereof a new paragraph to be desig nated Paragraph IIA and to read as follows:

"Paragraph IIA. Financing Services Within Certain Counties.
Notwithstanding any other provision of this Constitution, the Gen eral Assembly shall be authorized by law to prohibit the governing authority of any county of this State having a population of 600,- , 000 or more according to the United States Decennial Census of 1970 or any future such census from levying and collecting taxes and from expending public funds from taxes to finance, exercise, or perform any service as defined by such law except when such service is provided within a tax service district created pursuant to such law. To this end and without limiting the generality of the foregoing, the General Assembly may by such law provide for any one or more of the following:

1. Define and enumerate governmental services which shall be provided by such counties only within tax service districts.

2. Require such counties to create initial tax service districts
following the effective date of such law for the financing and provision of services therein.

3. Provide for the manner and method of creating or modify ing tax service districts to be established in addition to or in lieu of initial tax service districts created pursuant to such law.

4. Provide that special districts existing within such counties shall be unaffected by such law until otherwise changed or modified pursuant to such law.
5. Provide that district services provided by such counties within tax service districts created pursuant to such law shall be reasonably uniform throughout such tax service districts.

2726

JOURNAL OF THE SENATE,

6. Provide for the taxation and allocation of costs of financing services provided within tax service districts.

7. Provide for the method of retirement of indebtedness of such counties outstanding on the effective date of such law and for the creation and retirement of indebtedness incurred by such counties
after the effective date of such law, including the debt limitation applicable to such counties.

8. Provide that the rate and manner of taxation may vary in any tax service district created pursuant to such law from that in the total area of such counties or from that in another tax service
district.

9. Provide any other provisions, terms, or conditions as neces sary to effectuate the purposes of this amendment.

The authority granted herein shall not authorize the General Assembly to create or authorize the governing authority of a county subject to the provisions of this Paragraph to create a tax service district within the boundaries or any portion of the boun daries of any municipality located wholly or partially within such county, unless the creation of such tax service district is with the approval of the governing authority of such municipality.

The provisions of this Paragraph are hereby declared to be cumulative and supplemental to any powers heretofore possessed by the General Assembly and not in lieu of such powers.

Except for annexation of territory by municipalities pursuant to methods provided for annexation by certain Acts of the General Assembly of Georgia approved March 10, 1966 (Ga. Laws 1966, p. 409), as amended, and an Act approved March 20, 1970 (Ga. Laws 1970, p. 426), as amended, this Paragraph shall be null and void unless there is in effect on and after January 1, 1979, a statute that prohibits annexation of any area larger than 40 acres or hav ing more than 50 residents without a referendum to any munici pality lying wholly or partially within counties of this State having a population of 600,000 or more according to the United States De cennial Census of 1970 or any future such census.

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article VII, 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 under certain conditions the General
( ) NO Assembly shall be authorized by law to provide requirements relative to the financing of ser
vices by counties of this State having a popula-

MONDAY, MARCH 6, 1978

2727

tion of 600,000 or more according to the United States Decennial Census of 1970 or any future such census and for other matters relative thereto?"

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

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

The Senate Committee on County and Urban Affairs offered the following substitute to HR 573:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that under certain conditions the General Assembly shall be authorized by law to provide requirements relative to the financing of services in counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 of any future such census; to provide that the General Assembly may by law provide for the implementation of such requirements and for other matters relative thereto; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV, Paragraph II of the Constitution is amended by adding at the end thereof a new Paragraph to be desig nated Paragraph IIA and to read as follows:
"Paragraph HA. Financing Services Within Certain Counties. Notwithstanding any other provision of this Constitution, the Gen eral Assembly shall be authorized by law to prohibit the governing authority of any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census from levying and collecting taxes and from expending public funds from taxes to finance, exercise, or perform any service as defined by such law except when such ser vice is provided within a tax service district created pursuant to such law. To this end and without limiting the generality of the foregoing, the General Assembly may by such law provide for any one or more of the following:
1. Define and enumerate governmental services which shall be provided by such counties only within tax service districts.
2. Require such counties to create initial tax service districts

2728

JOURNAL OF THE SENATE,

following the effective date of such law for the financing and provision of services therein.

3. Provide for the manner and method of creating or modi fying tax service districts to be established in addition to or in lieu of initial tax service districts created pursuant to such law.

4. Provide that special districts existing within such counties shall be unaffected by such law until otherwise changed or modi fied pursuant to such law.

5. Provide that district services provided by such counties within tax service districts created pursuant to such law shall be reasonably uniform throughout such tax service districts.

6. Provide for the taxation and allocation of costs of financing services provided within tax service districts and provide for ad valorem tax millage rate limitations within such tax service dis tricts.

7. Provide for the method of retirement of indebtedness of such counties outstanding on the effective date of such law and for the creation and retirement of indebtedness incurred by such counties after the effective date of such law, including the debt
limitation applicable to such counties.

8. Provide that the rate and manner of taxation may vary in any tax service district created pursuant to such law from that in the total area of such counties or from that in another tax service district.

9. Provide any other provisions, terms, or conditions as nec essary to effectuate the purposes of this Paragraph.

The authority granted herein shall not authorize the General Assembly to create or authorize the governing authority of a county subject to the provisions of this Paragraph to create a tax service district within the boundaries, or any portion of the boundaries, of any municipality located wholly or partially within such county, unless the creation of such tax service district is with the approval of the governing authority of such municipality.

The provisions of this Paragraph are hereby declared to be cumulative and supplemental to any powers heretofore possessed by the General Assembly and not in lieu of such powers.

Except for annexation of territory by municipalities pursuant to methods provided for annexation by certain Acts of the General Assembly of Georgia approvied March 10, 1966 (Ga. Laws 1966, p. 409), as amended, and an Act approved March 20, 1970 (Ga. Laws 1970, p. 426), as amended, this Paragraph shall be null and void unless there is in effect on and after January 1, 1979, a statute

MONDAY, MARCH 6, 1978

2729

that prohibits annexation of any area larger than 40 acres or hav ing more than 50 residents without a referendum to any munici pality lying wholly or partially within counties of this State having a population of 600,000 or more according to the United States De cennial Census of 1970 or any future such census."

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 that under certain conditions the Gen-
( ) NO eral Assembly shall be authorized by law to provide requirements relative to the financing of services by counties of this State having a pop ulation of 600,000 or more according to the United States Decennial Census of 1970 or any
future such census and for other matters rela tive thereto?"

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 3, 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 Ballard Banks Barker Barnes Bell Broun of 46th Brown of 47th

Carter Coverdell Dean of 6th Doss Eldridge English Evans Fincher

Foster Gillis Greene Hudgins Hudson Kennedy Kidd Langford

2730
Lester McGill Overby Paulk Pearce Reynolds Riley Robinson

JOURNAL OF THE SENATE,

Russell Scott Shapard Stair Stephens Stumbaugh Summers

Button Tate Thompson Timmons Tysinger Walker Wessels

Those voting in the negative were Senators:

Brantley

Hill

Johnson

Those not voting were Senators:

Bond Dean of 31st (excused conferee)

Duncan Hollowajr (excused conferee)

Howard Traylor Turner

On the adoption of the resolution, the yeas were 46, nays 3.

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

HR 567. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly shall have the power by general, local or special law applicable to any county of this State having a population of 600,000 of more according to the United States Decennial Census of 1970 or any future such census, and applicable to any municipality located wholly or partially within such county, notwithstanding any uniformity pro visions otherwise contained in this Constitution; to provide for the preparation and annual updating, by the county governing authority, of a comprehensive plan for all of the unincorporated area of the county; to provide for a countywide framework plan composed of such comprehensive plan and the adopted comprehensive plans of each mu nicipality in such county which has developed and maintained a com prehensive plan; to provide for submission of this amendment for rati fication or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV, Paragraph II of the Constitu tion, as amended, is hereby amended by adding a new paragraph at the end thereof to read as follows:

MONDAY, MARCH 6, 1978

2731

"Notwithstanding any other provision of this Constitution, any uniformity provisions otherwise contained in this Constitution, and any general law of this State, the General Assembly shall have the power by general, local or special law applicable to any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census, and applicable to any municipality located wholly or par tially within such county to require the county governing authority of any such county to prepare and annually update a comprehensive plan for all unincorporated portions of such county; and to require the county governing authority to prepare a countywide framework plan which shall serve as a formal mechanism for achieving con tinuing communication and coordination among the local govern ments of such county so as to accomplish the coordinated, adjusted, and harmonious physical growth and development within such county.
The countywide framework plan shall consist of the adopted comprehensive development plans of each municipality, located wholly or partially within such county, which has developed and maintained a comprehensive development plan. The countywide framework plan shall also include a comprehensive plan prepared by the county governing authority for the unincorporated portion of the county. The goals and objectives of the countywide frame work plan shall reflect the policies adopted in the comprehensive plans of the county and municipalities and shall be formulated to advance conditions favorable to health, safety, neighborhood preser vation, prosperity, civic activities, recreational opportunities, edu cational opportunities, and cultural opportunities.

The countywide framework plan shall be prepared in ac cordance with procedures which shall be prescribed by general, special, or local act of the General Assembly.

Provided, however, that the General Assembly shall not grant to the governing authority of any such county, any power to make planning or zoning determinations for areas within the jurisdiction
of any incorporated municipality."

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 authorize the General Assembly to enact general,
( ) NO local or special laws applicable to any county of this State having a population of 600,000 or
more according to the United States Decennial Census of 1970 or any future such census, and applicable to any municipality located wholly or partially within such county, so as to provide

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JOURNAL OF THE SENATE,

for the preparation and annual updating, by such county governing authority, of a compre hensive plan for all of the unincorporated county, and to provide for a countywide framework plan which shall consist of the adopted com prehensive plans of each municipality in such county, which has developed a comprehensive plan along with the comprehensive plan for the unincorporated portion of such 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.

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

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

Those not voting were Senators:

Bond Holloway (excused conferee)

Riley (excused conferee)

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

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

MONDAY, MARCH 6, 1978

2738

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

HR 568. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a seven-member Fulton County Planning Commission; to provide for their appointment by the Fulton County Board of Commissioners; to provide guidelines for appointments thereto so that one member, who will be appointed as Chairman of the Fulton County Planning Commis sion, shall reside anywhere within Fulton County, two members shall be appointed who are residents of north Fulton County, two members shall be appointed who are residents of the City of Atlanta, and two mem bers shall be appointed who are residents of south Fulton County; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV, Paragraph II of the Constitu tion, as amended, is hereby amended by adding a new paragraph at the end thereof to read as follows:
"Notwithstanding any other provision of this Constitution or the general laws of this State, in order for the Fulton County Planning Commission to reflect the diversity of Fulton County, the Fulton. County Planning Commission shall be composed of seven members appointed by the Fulton County Board of Commissioners in such manner as hereinafter provided. One such appointed mem ber of the Fulton County Planning Commission shall be designated Chairman of the Planning Commission by the Board of Commis sioners, and such member may reside anywhere within the boundaries of Fulton County. Of the remaining six members appointed to the Fulton County Planning Commission, two members shall be resi dents of north Fulton County, two members shall be residents of the City of Atlanta, and two members shall be residents of south Fulton County. For the purpose of this amendment, north Fulton County shall include all portions of Fulton County, whether incor porated or unincorporated, which are situated north of the Atlanta city limits; south Fulton County shall include all portions of Ful ton County, whether incorporated or unincorporated, which are situated south of the Atlanta city limits."
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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JOURNAL OF THE SENATE,

"( ) YES Shall the Constitution be amended so as to provide for a seven-member Fulton County
( ) NO Planning Commission; to provide for their ap pointment by the Fulton County Board of Com missioners; to provide guidelines for their appointment thereto so that one member, who will be appointed Chairman of the Fulton County Planning Commission, shall reside anywhere within Fulton County, two members shall be appointed who are residents of north Fulton County, two members shall be appointed who are residents of the City of Atlanta, and two members shall be appointed who are residents of south Fulton 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.

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 81st Doss Duncan Eldridge English Evans

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

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

MONDAY, MARCH 6, 1978

2735

Those not voting were Senators:

Bond Holloway (excused conferee)

Riley (excused conferee)

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.

HR 572. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to establish a method for providing prompt traffic engineering services, to be per formed by the City of Atlanta at cost, in Fulton County and municipali ties located wholly or in part within Fulton County; to authorize the governing authority of Fulton County or any municipality located wholly or partially within Fulton County to call on the City of Atlanta to provide traffic engineering services; to require the City of Atlanta to provide a reasonable estimate of the cost of providing the requested traffic engineering services; 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 IX, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:
"Notwithstanding any other provision of this Constitution or the general laws of this State, upon request of the governing au thority of any municipality lying wholly or partially within Ful ton County, the City of Atlanta shall promptly provide, at cost, traffic engineering services to the county or municipality request ing said services, pursuant to the method provided for herein.
If a need for traffic engineering services is ascertained by Fulton County, or any municipality located wholly or partially within Fulton County, such county or municipality may certify such determination to the governing authority of the City of At lanta, together with a request for a reasonable estimate of the cost, to the City of Atlanta, for furnishing such service to the re questing county or municipality. The City of Atlanta shall then prepare an estimate, the cost of which shall be paid by the re questing county or municipality. Said estimate shall be presented to the governing authority of the requesting county or munici pality within 60 days of the initial request, unless a longer period is consented to by the requesting county or municipality.

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JOURNAL OF THE SENATE,

After receiving such estimate, the governing authority of the requesting county or municipality shall have the right, by resolu tion, to call upon the City of Atlanta to provide such traffic engi neering services at the cost thereof. The resolution shall set forth the manner of payment for said services, such that the City of Atlanta shall not be required, except with its consent, to advance any funds or incur any expense in providing said services.
Upon receiving said resolution requesting traffic engineering services and stating the method of payment therefor, the governing authority of the City of Atlanta shall promptly provide said service at cost to said city."
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 es tablish a method for providing prompt traffic
( ) NO engineering services, to be performed by the City of Atlanta at cost, in Fulton County and municipalities located wholly or partially within Fulton County; to authorize the governing au thority of Fulton County or any municipality located wholly or partially within Fulton County to call on the City of Atlanta to provide traffic engineering services; and to require the City of Atlanta to provide a reasonable estimate of the cost of providing the requested traffic engi neering services?"
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 Pincher
Foster Gillis Greene Hill Howard

MONDAY, MARCH 6, 1978

2737

Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill
Overby Paulk
Pearce Reynolds Robinson Russell

Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate
Thompson Timmons
Turn.er Tysinger Walker Wessels

Those not voting were Senators:

Bond Holloway
(excused conferee)

Riley (excused conferee)

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.

HR 574. By Representatives Adams of the 36th and Carnes of the 43rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that in Fulton County, in addition to the county seat, branch offices may be established by the governing authority of the county for the conduct of county business and by the Board of Education for the conduct of matters pertaining to education; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section I, Paragraph V of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
"Notwithstanding any other provisions of this Constitution, in Fulton County in addition to the county seat at which shall be lo cated the principal offices and permanent records of all county officers, not more than two branch offices for the conduct of county business may be established elsewhere in the county by resolution of the governing authority of the county, and branch

2738

JOURNAL OF THE SENATE,

offices for the conduct of educational matters may be established elsewhere in the county by resolution of the Board of Education of Pulton County. The governing authority and the Board of Education shall be authorized to take official action at such branch offices."

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 that in Fulton County in addition to
( ) NO the county seat, not more than two branch offices may be established by the governing authority of the county for the conduct of county business and by the Board of Education for the conduct of matters pertaining to education?"

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 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

MONDAY, MARCH 6, 1978

2739

Turner Tysinger

Walker Wessels

Those not voting were Senators:

Bond Holloway (excused conferee)

Riley (excused conferee)

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.

HR 566. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to require the tax receiver, tax collector, or tax commissioner of any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census to receive tax returns of and collect taxes due to the largest municipality lying wholly or partially within any such county and to any or all consenting municipalities located wholly or partially within such county at no charge to said municipalities; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section I, Paragraph VI of the Constitution, as amended specifically by an amendment ratified November 7, 1950 (Ga. Laws 1950, p. 441) is hereby amended by striking from said Para graph the following:
"Provided, however, that the General Assembly of the State shall have the authority to require or permit the Tax Receiver, Tax Collector, or Tax Commissioner of Fulton County to receive tax returns and collect taxes due to the City of Atlanta, and to permit the retention of a percentage of such collections as compensation for such services."
and by substituting in lieu thereof the following:
"Provided, however, that the General Assembly of the State shall have the authority to require or permit the tax receiver, tax

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JOURNAL OF THE SENATE,

collector, or tax commissioner of any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census to receive tax returns of and collect taxes due to the largest municipality lying wholly or partially within any such county and to any or all con senting municipalities located wholly or partially within such county at no charge to said municipalities."
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 authorize the General Assembly to require the
( ) NO tax receiver, tax collector, or tax commissioner of any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census to receive tax returns of and collect taxes due to the largest municipality located wholly or partially within any such county and to any or all consenting municipalities located wholly or partially within such county at no charge to said municipalities?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

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

The Senate Committee on County and Urban Affairs offered the following substitute to HR 566:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly by law to require the tax receiver, tax collector, or tax commissioner of any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census to receive tax returns of and collect taxes due to the largest municipality lying wholly or partially within any such county and to any or all other consenting municipalities located wholly or partially within such county at no charge to said municipali ties; 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:

MONDAY, MARCH 6, 1978

2.741

Section 1. The amendment to the Constitution ratified on Novem ber 7, 1950, and which is set forth in Ga. Laws 1950, pages 441-442, and which was continued in force and effect by the Constitution of 1976 is hereby amended by striking therefrom the following:

"Provided, however, that the General Assembly of the State shall have the authority to require or permit the Tax Receiver, Tax Collector, or Tax Commissioner of Pulton County to receive tax returns and collect taxes due to the City of Atlanta, and to permit the retention of a percentage of such collections as compensation for such services.",

and substituting in lieu thereof as a paragraph to appear at the end of Article IX, Section I, Paragraph VI of the Constitution the following:

"The General Assembly is hereby authorized by law to re' quire or permit the tax receiver, tax collector, or tax commissioner
of any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census to receive tax returns of and collect taxes due to the largest municipality lying wholly or partially within any such county and to any or all consenting municipalities lying wholly or partially within such county at no charge to said municipalities. Any law enacted pursuant to the foregoing authority may also establish uniform filing and due dates for tax purposes within such county, and establish procedures by which the tax receiver, tax collector, or tax commissioner of any such county shall bring prop erty lying within any municipality which lies wholly or partially within such county to sale for the purpose of collecting taxes due to said municipalities, whether such property lies within such county or within any other county."
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 the General Assembly by law to re-
( ) NO quire the tax receiver, tax collector, or tax com missioner of any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census to receive tax returns of and collect taxes due to the largest municipality located wholly or partially within any such county and to any or all other consenting municipalities located wholly or partially within such county at no charge to said municipalities?"

All persons desiring to vote in favor of ratifying the proposed

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JOURNAL OF THE SENATE,

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 52, 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 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 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

Those not voting were Senators:

Bond Holloway (excused conferee)

Riley (excused conferee)

Traylor

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

The resolution, having received the requisite two-thirds constitution majority, was adopted by substitute.

MONDAY, MARCH 6, 1978

2743

HR 528. By Representative Jones of the 78th:

A RESOLUTION

Proposing an amendment to the Constitution so as to exempt cer tain homestead property in Butts County from ad valorem taxes levied for school purposes; to provide limitations; to provide for 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 a new paragraph immediately preceding the ultimate paragraph thereof, to read as follows:

"Any other provisions of this Constitution to the contrary not withstanding, each resident of Butts County who is 62 years of
age or over is hereby granted an exemption from all Butts County
School ad valorem taxes on the full value of the homestead owned and occupied by him as a residence if his adjusted gross income (as defined in the Internal Revenue Code of 1954, as now or hereafter amended), together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $8,000.00 for the immediately preceding taxable year. Such adjusted gross income, as used herein, shall include income from whatever . source derived other than any federal old-age survivors or disability insurance benefits or benefits received from any retirement or pen sion fund when such benefits are based on contributions made there to by such resident or his spouse. The exemption contained herein does apply to bonded indebtedness. The value of the residence in excess of the above exempted amount shall remain subject to taxa tion. Any such owner shall not receive the benefits of such home stead exemption unless he, or through his agent, files an affidavit with the Tax Commissioner of Butts County, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional informa tion relative to receiving the benefits of such exemption as will en able the Tax Commissioner to make a determination as to whether
such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be neces sary that he make application and file the said affidavit and cer tificate thereafter for any year and the said exemption shall con tinue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the Tax Commissioner in the event he be comes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, < including penalties necessary

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JOURNAL OF THE SENATE,

therefor. The increased 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 ex empt from Butts County School Taxes the value
( ) NO of a homestead owned by an individual 62 years of age or older and having an income of not more than $8,000.00 exclusive of retirement benefits?"

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

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

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

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

Those voting in the affirmative were Senators

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 Howard Hudgins Hudson Johnson Kennedy
Kidd
Langford
Lester
McGill
Overby
Paulk
Pearce

Reynolds Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Button
Tate
Thompson
Timmons
Turner
Tysinger
Walker
Wesels

MONDAY, MARCH 6, 1978

2745

Those not voting were Senators:

Bond Holloway (excused conferee)

Riley (excused conferee)

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.

HR 550. By Representative Jones of the 78th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Pike County to require that returns for ad valorem taxation in the county be made to the county board of tax assessors; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article IX, Section I, Paragraph VI of the Constitution iis hereby amended by adding a new paragraph at the thereof, to read as follows:
"Subject to such procedures as may be provided by local law, the governing authority of Pike County may require that returns of property for ad valorem taxation in the county be made to the county board of tax assessors or its successor agency."
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 au thorize the governing authority of Pike County
( ) NO to require that ad valorem tax returns be made to the county board of tax assessors?"
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

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JOURNAL OF 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 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 Langford Lester McGill Overby Paulk Pearce

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

Those not voting were Senators:

Bond Holloway (excused conferee)

Riley (excused conferee)

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.

HR 587. By Representative Irvin of the 23rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that residents of the City of Roswell who are 65 years of age or over shall be granted a homestead exemption of $2,000.00 from ad valorem taxa-

MONDAY, MARCH 6, 1978

2747

tion by said city; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VII, Section I, Paragraph 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 City of Roswell who is 6'5 years
of age or over is hereby granted an exemption of $2,000.00 on his or her homestead from all ad valorem taxation by the City of Ros well so long as any such resident of the City of Roswell actually occupies said homestead as his residence. There shall be no more than one $2,000.00 exemption per homestead. The value of the home stead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Roswell. No resident shall be qualified to receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Roswell, or with a person designated by the governing authority of the City of Roswell, giving his age and any additional information
as may be required to enable the governing authority of the City of Roswell, or the person designated by the governing authority of the City of Roswell, to make a determination as to whether such
owner is entitled to such exemption. The governing authority of the City of Roswell, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The ex emption provided for herein shall apply to all taxable years begin ning 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 pro vide that residents of the City of Roswell who
( ) NO are 65 years of age or over shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said city?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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JOURNAL OF THE SENATE,

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 Hill Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Those not voting were Senators:

Bond Holloway (excused conferee)

Riley (excused conferee)

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

HR 715. By Representatives Childs of the 51st, Noble of the 48th, Clark of the 55th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that municipalities lying wholly within DeKalb County and the DeKalb County portion of any municipality lying wholly or partially within DeKalb County shall constitute special services tax districts for the provision of certain governmental services therein by DeKalb County and to provide that DeKalb County shall assess, levy and collect ad valorem taxes and collect service charges or fees within such special services tax districts only in accordance with the kind, character, type

MONDAY, MARCH 6, 1978

2749

and degree of such governmental services provided therein by said
county; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article IX, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph:

"Effective January 1, 1979, each municipality lying wholly with in DeKalb County and the DeKalb County portion of any municipal ity lying wholly or partially within DeKalb County shall each con stitute a special services tax district for the provision of district services therein by DeKalb County. As used herein, 'district services' means the following governmental services:
(1) Police protection.
(2) Fire protection.
(3) Garbage and solid waste collection and disposal.
(4) Street and road construction and maintenance, including curbs, sidewalks, streetlights and devices to control the flow of traffic on streets and roads or any combination thereof.
(5) Parks, recreational areas, programs and facilities.
(6) Storm water and sewage collection and disposal systems.
(7) Public housing.
(8) Urban redevelopment programs.

Effective January 1, 1979, and thereafter, the governing au thority of DeKalb County shall assess, levy and collect ad valorem taxes and collect services charges and fees for the provision of dis trict services within a special services tax district only in accordance with the kind, character, type and degree of district services pro vided by the county within such special services tax district. The provisions of this paragraph are self-executing and shall control ad valorem taxation and the collection of service charges and fees for the provision of district services within special services tax dis tricts by the governing authority of DeKalb County without the necessity of any legislative act of the General Assembly, but the General Assembly shall be authorized by law to further define and implement the provisions of this paragraph to the extent necessary to assure compliance therewith by the governing authority of
DeKalb County."

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 pro vide that municipalities lying wholly within DeKalb County and the DeKalb County portion of any municipality lying wholly or partially within
( ) NO DeKalb County shall constitute special services tax districts for the provision of certain govern mental services therein by DeKalb County and to provide that DeKalb County shall assess, levy and collect ad valorem taxes and collect service charges or fees within such special services tax districts only in accordance with the kind, char acter, type and degree of such governmental services provided therein by said 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.

The Senate Committee on County and Urban Affairs offered the following substitute to HE 715:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that after a certain date municipalities lying wholly within DeKalb County and the DeKalb County portion of any municipality lying wholly or partially within DeKalb County shall constitute special services tax districts for the provision of certain governmental services therein by DeKalb County and to provide that DeKalb County shall assess, levy and collect ad valorem taxes and collect service charges or fees within such special services tax districts only in accordance with the kind, character, type and degree of such governmental services provided therein by said county and to authorize the General Assembly to pro vide by law for such matters; 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 IX, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following para graph:
"Effective January 1, 1980, each municipality lying wholly within DeKalb County and the DeKalb County portion of any mu-

MONDAY, MARCH 6, 1978

2751

nicipality lying wholly or partially within DeKalb County shall each constitute a special services tax district for the provision of dis trict services therein by DeKalb County. As used herein, 'district services' means the following governmental services:

(1) Police protection.
(2) Fire protection. (3) Garbage and solid waste collection and disposal. (4) Street and road maintenance, including the maintenance of curbs, sidewalks, streetlights and devices to control the flow of traffic on streets and roads or any combination thereof. (5) Parks, recreational areas, programs and facilities.
(6) Storm water and sewage collection and disposal systems. (7) Public housing.
(8) Urban redevelopment programs.

Effective January 1, 1980, and thereafter, the governing au thority of DeKalb County shall assess, levy and collect ad valorem taxes and collect service charges and fees for the provision of dis trict services within a special services tax district only in accord ance with the kind, character, type and degree of district services provided by the county within such special services tax district or in accordance with a contract entered into between DeKalb County and the municipality constituting such special services tax district. The provisions of this paragraph are self-executing and shall con trol ad valorem taxation and the collection of service charges and fees for the provision of district services within special services tax districts by the governing authority of DeKalb County in the absence of a legislative act of the General Assembly, but the Gen eral Assembly shall be authorized by law to control the subject matter of this paragraph and to further define and implement the provisions thereof, including the deletion of services designated herein as 'district services' or the addition of other 'district serv ices', or any combination thereof, in such manner and pursuant to such terms and conditions as the General Assembly may provide
by such 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:
"( ) YES Shall the Constitution be amended so as to provide that municipalities lying wholly within
( ) NO DeKalb County and the DeKalb County portion of any municipality lying wholly or partially within DeKalb County shall constitute special

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JOURNAL OF THE SENATE,

services tax districts for the provision of certain governmental services therein by DeKalb County and to provide that DeKalb County shall assess, levy and collect ad valorem taxes and collect service charges or fees within such special serv ices tax districts only in accordance with the kind, character, type and degree of such govern mental services provided therein by said county and to authorize the General Assembly to pro vide by law for such matters?"

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 52, nays 0, and the sub stitute was adopted.

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

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

Those voting in the affirmative were Senators:

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 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

MONDAY, MARCH 6, 1978

2763

Those not voting were Senators:

Bond Holloway (excused conferee)

Riley (excused conferee)

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 by substitute.

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 Summers Sutton Tate
Thompson
Timmons Turner Tysinger
Walker
Wessels

Not answering to their names were Senators Bond and Traylor.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 374. By Senator Howard of the 42nd:
A bill to amend Code Section 38-1205, relating to privileged matters about which a party is not required to testify, so as to remove certain matters relating to post-judgment discovery from such privilege.

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JOURNAL OF THE SENATE,

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

SB 605. By Senators Howard of the 42nd, Coverdell of the 40th, Sutton of the 9th and others:
A bill to amend an Act known as the "Georgia Scenic Rivers Act of 1969," so as to designate certain sections of rivers as a part of the Georgia Scenic River System.

SB 616. By Senator Bell of the 5th:
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 provide that reports shall be made to an appropriate police authority in the absence of a child welfare agency providing protective services; to provide for immunity from liability for those making such reports; to provide an effective date.

Senator Tate of the 38th introduced the chaplain of the day, Reverend Wil liam Holmes Borders, pastor of the Wheat Street Baptist Church, Atlanta, Georgia, who offered prayer.

The following resolutions of the Senate were read and adopted:

SR 396. By Senator Turner of the 8th:
A resolution congratulating Mr. John Henry McRae for his selection as Georgia's Teacher of the Year for 1978.

Senator Turner of the 8th introduced Mr. John Henry McRae to the Senate.

SR 391. By Senator Dean of the 31st: A resolution commending Ray Stevens.

SR 392. By Senator Dean of the 31st: A resolution commending Roy Drusky.

SR 393. By Senator Dean of the 31st: A resolution commending Pete Drake.

SR 394. By Senators Paulk of the 13th, Howard of the 42nd, Coverdell of the 40th and others:
A resolution commending Georgians On a Litter Solution (GOALS).

MONDAY, MARCH 6, 1978

2755

SR 397. By Senator Dean of the 31st: A resolution commending LaWanda Lindsey.

SR 398. By Senator Pearce of the 16th: A resolution recognizing and commending The Platters and Mr. Buck Ram.
SR 400. By Senator Banks of the 17th: A resolution expressing appreciation to the young ladies of the telephone center.

SENATE RULES CALENDAR
Monday, March 6,1978
HB 1320. Legal Weapons for Hunting Wildlife--relative to (AMs) HB 304. District Attorney Emeritus Retirement Fund--survivor's benefits
(AMs) HB 1711. Public Employment Discrimination--safeguard individuals (SUB) HB 1826. County Sheriffs--special auto license plates HB 256. Criminal Justice Act--appropriation of State funds (SUB) HB 731. Survey Monuments--provide protection for HR 591. Authorities Study Committee--create HB 1417. Registrar and Deputy Qualifications--clarify certain ineligibility HB 1581. Meeting Open to the Public--State or local housing authorities HB 1282. Individual Sewage Disposal System--when application is denied HB 1012. Board of Nursing--actions taken to discipline licensee HB 1345. Driver's License--suspension for failing to respond to citation
(AM) HB 1427. Georgia Arbitration Code--provide HR 586. Proposed Amendments to Constitution--publish summary (AM) HR 479. Constitutional Amendments--effective date HR 739. Forestry Commission--long-term lease with U.S. for tract of
land in Bibb County. HB 1575. Certain Representative Districts--change composition HB 1683. Person in Custody of Another--bringing into State crime HB 1485. Sales Tax--conditions for city to levy local option gales tax (SUB) HB 1937. Department of Community Affairs--responsible for certain ser
vices to local governments

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JOURNAL OF THE SENATE,

HR 482. Property Tax--nonprofit corporation encouraging cooperation of parents and teachers
HB 1329. Employees' Retirement--service necessary for retirement HB 1333. Educational Facilities Authority--create HR 741. Easement for Petroleum Products Pipeline, Barrow County--con
veyance by State (SUB) HB 1848. Superior Court Clerks--may record criminal cases on microfilm HB 1764. Substituted Nomination by Special Primary--vacancy occurring
(SUB)
HB 1533. Federal Income Tax Returns--provide for secrecy
HB 1268. Blasting in Vicinity of Underground Gas Pipes--delete certain exceptions
HB 1014. Insurance Code--sale of variable life insurance
HB 732. Recording of Maps and Plats of Surveys--regulate preparation (SUB)
HB 1441. Probate Court Judges' Bonds--office to which bonds returned
HB 1365. Sales Tax--showing credit on city-county ad valorem tax bill
HB 1387. Emergency Service at Scene of Accident--relief from liability
HB 1820. Motor Vehicle Use by State Officials--change mileage allowance rate
HB 1048. GBI Qualifications--change certain term
HB 1874. Residential Finance Authority Act--change composition (SUB)
HR 490. Board of Geologists Examiners--continuing
HB 1303. Alcoholic Beverage Licensees--surety bonds (SUB)
HR 647. Conveyance of Certain State-Owned Property--to City of Ringgold
HR 663. Glynn County--conveyance of certain State-owned property to Brunswick
HR 713. Walker County--conveyance of certain State-owned property to ROL, Inc.

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, and haying been postponed on March 3 until March 6, was read the third time and
put upon its passage:

MONDAY, MARCH 6, 1978

2757

HB 1320. By Representative Burruss of the 21st:
A bill to amend Code Title 45, known as the "Game and Fish Code", so as to change the provisions relative to legal weapons for -hunting wildlife. Senate Sponsor: Senator Gillis of the 20th.

Senator Hudgins of the 15th offered the following amendment:
Amend HB 1320 by striking on Page 1, line 21, the figure "5.9" and inserting in lieu thereof the following:
"3.9".

On the adoption of the amendment offered by Senator Hudgins of the 15th, the yeas were 23, nays 11, and the amendment was adopted.
Senators Barker of the 18th and Walker of the 19th offered the following amendment:
Amend HB 1320 by adding on Page 1, immediately after line 2,6, the following:
"and by striking subsection (e) of said Section which reads as follows:
'(e) Shotguns must be plugged to limit them to a capacity of not more than three (3) shells in the magazine and chamber com bined. The plug must be of one piece, incapable of being removed through the loading end of the magazine, and',
in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
'(e) Shotguns shall be limited to a capacity of not more than five (5) shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the maga-

On the adoption of the amendment offered by Senators Barker of the 18th and Walker of the 19th, the yeas were 39, nays 1, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Broun of 46th Carter Dean of 6th Dean of 31st Eldridge Fincher Greene Hill

Holloway Hudgins Hudson Kennedy Langford 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:

Allgood Brantley Brown of 47th Doss English

Evans Foster Gillis Howard Kidd

Lester Overby Reynolds Stumbaugh

Those not voting were Senators:

Bond Coverdell

Duncan

Johnson (excused conferee)

On the passage of the bill, the yeas were 38, nays 14.

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

The following bill of the House was taken up for the purpose of considering the House action thereto:

HB 1304. By Representative Taggart of the 125th:
A bill to provide that the Commissioner of Revenue shall have authority to license and regulate the sale of all alcholic beverages in bona fide private clubs in this State; to define the term "Club" for licensing purposes; to provide license fees equal to those required of public licensed places of business.

Senator Robinson of the 27th moved that the Senate adhere to the Senate substitute to HB 1304, and that a Conference Committee be appointed.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1304.

MONDAY, MARCH 6, 1978

2759

Senator Robinson of the 27th moved that the Conference Committee be instructed that the Senate substitute to HB 1304 be adhered to specifically and without deviation.

On the motion, 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 Barnes Bell Carter Fincher Foster

Greene Howard Hudson Kennedy Langford Overby

Paulk Reynolds Robinson Sharpard Button Thompson

Those voting in the negative were Senators:

Allgood Ballard Brantley Broun of 46th Brown of 47th Dean of 6th Dean of 31st Doss Duncan Eldridge Gillis

Hill Holloway Hudgins Kidd Lester McGill Pearce Riley Russell Scott Starr

Stephens Stumbaugh Summers Tate Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Coverdell

English Evans

Johnson (excused conferee)

On the motion, the yeas were 19, nays 32, the motion was lost, and the Conference Committee was not instructed.

The President appointed as a Conference Committee the following: Senators Kidd of the 25th, Robinson of the 27th and Stumbaugh of the 55th.

The following bills and resolution of the Senate were taken up for the purpose of considering the House action thereto:

SB 428. By Senators Kidd of the 25th and Broun of the 46th: A bill to amend Code Chapter 34-11, relating to ballots in elections, as

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JOURNAL OF THE SENATE,

amended so as to provide for the election of unopposed candidates in special elections.

The House substitute to SB 428 was as follows:
A BILL
To be entitled an Act to amend Code Title 34, relating to elections, so as to provide for the election of unopposed candidates in special elections; to provide for forms of official election ballots; to provide for forms of ballot labels on voting machines; to provide for an effective date; to provide for repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Title 34, relating to elections, as amended, is here by amended by adding, following Code Section 34-1111, a new Code Section 34-1112, to read as follows:
"34-1112. Unopposed candidates. Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate, then no name shall appear on the special election ballot unless a write-in candidate has qualified as provided by law. Further, if there are no opposed candidates, no eligible write-in candidates and no issues to be submitted to the electorate, no elec tion shall be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The superintendent shall certify such unopposed candidate as elected in the same manner as he certifies other candidates as elected pursuant to Section 34-1504."
Section 2. Said Code Title is further amended by adding a new sub section at the end of Code Section 34-1208, relating to form of ballot labels on voting machines, to be designated subsection (j), to read as follows:
"(j) Any other provision of law to the contrary notwithstand ing, in the event there is no opposed candidate, then no name shall appear on the general election ballot labels unless a write-in candidate has qualified as provided by law. Further, if there are no opposed candidates, no eligible write-in candidates and no issues to be submitted to the electorate, no election shall be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The superintendent shall certify such unopposed candidate as elected in the same manner as he certifies other candidates as elected pursuant to Section 34-1504."
Section 3. The provisions of this Act shall become effective on January 1, 1979, only in the event an amendment to Article II, Section III, Paragraph III of the Constitution requiring write-in candidates in special elections to file notices of intention to candidacy is ratified at

MONDAY, MARCH 6, 1978

2761

the 1978 general election. The provisions of this Act shall remain in effect only so long as such constitutional amendment remains in effect.

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

Senator Kidd of the 25th moved that the Senate disagree to the House substitute to SB 428.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 428.

SR 326. By Senator Stumbaugh of the 55th:
A resolution proposing an amendment to the Constitution, so as to increase the homestead exemption of each resident of DeKalb County for the purposes of all DeKalb County and DeKalb County School District ad valorem taxes by providing that said homestead exemption shall be $3,000 in 1979; $4,000 in 1980 and $5,000 for 1981 and each year thereafter.

The House amendment was as follows:

Amend SR 326 as follows:

By striking everything before the resolving clause and inserting in lieu thereof the following:
"A RESOLUTION
Proposing an amendment to the Constitution so as to change the homestead exemption from ad valorem taxes levied for county and school purposes in DeKalb County; to provide for the submission of this amendment for ratification or repection; and for other purposes."
And, by striking everything after the resolving clause and inserting in lieu thereof the following:
"Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end of the third unnumbered para graph thereof, which reads as follows:
'The homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $2,000.00 of its value, is hereby exempted from all ad valorem taxation for State, County and school purposes, except taxes levied by municipalities for school purposes and except to pay interest, on and retire bonded indebtedness, provided, however, should the

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JOURNAL OP THE SENATE,

owner of a dwelling house on a farm, who is already entitled to homestead exemption, participate in the program of rural housing and obtain a new house under contract with the local housing au thority, he shall be entitled to receive the same homestead exemp tion as allowed before making such contract. The General Assembly may from time to time lower said exemption to not less than $1,250.00. The value of all property in excess of the foregoing exemptions shall remain subject to taxation. Said exemptions shall be returned and claimed in such manner as prescribed by the General Assembly. The exemption herein provided for shall not apply to taxes levied by municipalities.',

the following:
'Any other provisions of this Constitution to the contrary not withstanding, each resident of DeKalb County is hereby granted an exemption from all DeKalb County and DeKalb County School Dis trict ad valorem taxes in the amount hereinafter provided of the value of the homestead owned and occupied by said resident as a homestead within DeKalb County. For calendar year 1979, such homestead exemption shall be fifteen percent of the assessed value of the homestead, but not less than $3,000.00 and not more than $4, 000.00; for calendar year 1980, such homestead exemption shall be seventeen and one-half percent of the assessed value of the home stead, but not less than $3,500.00 and not more than $5,000.00; for calendar year 1981, such homestead exemption shall be twenty per cent of the assessed value of the homestead, but not less than $4,000.00 and not more than $6,000.00; for calendar year 1982, such homestead exemption shall be twenty-two and one-half percent of the assessed value of the homestead, but not less than $4,500.00 and not more than $7,000.00; for calendar year 1983 and thereafter, such homestead exemption shall be twenty-five percent of the assessed value of the homestead, but not less than $5,000.00 and not more than $8,000.00. For the purpose of DeKalb County and DeKalb County School District ad valorem taxes, the homestead exemption granted herein shall be in lieu of the heretofore existing basic homestead exemption of $2,000.00, and the provisions of this Constitution and of law relating to such basic homestead exemption shall apply to the homestead exemption granted herein, except for the amount thereof. Except for such basic homestead exemption of $2,000.00, the homestead exemption granted herein for residents of DeKalb County shall be in addition to and cumulative of any other homestead exemption heretofore or hereafter granted by this Con stitution or 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:

'( ) YES Shall the Constitution be amended so as to pro vide that the DeKalb County homestead exemp-
( ) NO tion from taxes levied for county and school pur-

MONDAY, MARCH 6, 1978

2763

poses shall be increased by annual steps from 15 percent of the assessed value of the homestead in 1979, but not less than $3,000.00 and not more than $4,000.00, to 25 percent of the assessed value of the homestead in 1983, but not less than $5,000.00 and not more than $8,000.00?'

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

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

Senator Stumbaugh of the 55th moved that the Senate disagree to the House amendment to SR 326.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SR 326.

SB 565. By Senator Robinson of the 27th:
A bill to amend an Act providing for the regulation of professional soil classifying and creating the State Board of Registration for Professional Soil Classifiers, so as to establish a termination date for the State Board of Registration for Professional Soil Classifiers and the date on which the aforesaid Act shall stand repealed.

The House substitute to SB 565 was as follows:
A BILL
To be entitled an Act to amend an Act creating the Georgia Board of Athletic Trainers, approved March 30, 1977 (Ga. Laws 1977, p. 1123), so as to remove the expiration date relative to said Board; 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 Georgia Board of Athletic Trainers, approved March 30, 1977 (Ga. Laws 1977, p. 1123), is hereby amended by striking from Section 18 the following:
"This Act shall stand repealed and be null and void on July 1, 1978.",
so that when so amended Section 18 shall read as follows:

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JOURNAL OF THE SENATE,

"Section 18. Effective Date. Section 8 of this Act shall become effective on January 1, 1978. The remainder of this Act shall be come effective upon approval by the Governor or upon becoming law without his approval and upon the appropriation of the neces sary funds to implement the provisions of this Act. The existence of the Board shall terminate five years after the effective date of this Act, unless granted authority to continue in existence by 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.

Senator Langford of the 51st moved that the Senate agree to the House substitute to SB 565.

The President ruled that the House substitute to SB 565 was not germane.

Senator English of the 21st moved that the following bill of the House be postponed until March 7:

HB 304. By Representative Greer of the 43rd:
A bill to amend an Act creating the office of District Attorney Emeritus and creating a retirement fund, so as to provide for survivor's benefits and for increased payments into the retirement fund.

On the motion, the yeas were 41, nays 2; the motion prevailed, and HB 304 was postponed until March 7.

The following bill of the Senate was taken up for the purpose of considering the House action thereto:

SB 574. By Senators Lester of the 23rd, Starr of the 44th and Duncan of the 30th:
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, as amended, so as to provide that the Gov ernor may designate the State Advisory Council for Mental Health and Mental Retardation as the State Alcoholism Advisory Council to satisfy the provisions of this Act in lieu of creating a distinct Alcoholism Ad visory Council.

Senator Lester of the 23rd moved that the Senate recede from its disagreement to the House amendment and agree to the House amendment to SB 574.

MONDAY, MARCH 6, 1978

2765

On the motion, 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 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 Tysinger Walker Wessels

Those not voting were Senators:

English

Holloway (excused conferee)

Timmons

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate receded from its disagreement to the House amendment and agreed to the House amendment to SB 574.

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

HB 1711. By Representatives Daugherty of the 33rd, Hamilton of the 31st, Lambert of the 112th and others:
A bill to safeguard individuals within the State of Georgia from dis crimination in public employment because of race, color, religion, na tional origin, sex, handicap and age with respect to employment, rSenate Sponsor: Senator Howard of the 42nd.

The Senate Committee on Judiciary offered the following substitute to HB 1711:
A BILL
To be entitled an Act to safeguard individuals within the State of Georgia from discrimination in public employment because of race, color, religion, national origin, sex and age with respect to employment;

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to define certain terms; to set forth the purpose of this Act, its construc tion, effect and manner of citation; to make unlawful certain discrimina tion; to provide that certain employment practices with respect to dis crimination shall not be unlawful; to provide that preferences in em ployment practices because of imbalances in employment are not per mitted; to create the Office of Fair Employment Practices; to provide for an Administrator of said office; to create a Fair Employment Prac tices Advisory Board; to provide for the Administrator's powers and duties, and legal counsel; to provide for a procedure in investigation of complaints and for the administration and enforcement of this Act; to provide for certain damages to be awarded on frivolous claims; to pro vide that certain types of affirmative action may be ordered by the Administrator; to provide that the Administrator procedure is exclusive; to provide for judicial review; to make unlawful certain practices by one person, or by two or more persons in conspiracy; to make unlawful the violation of the terms of a conciliation agreement; to provide that agency is a defense in certain proceedings under this Act; to provide for civil penalties; to provide for a short title; to provide a severability clause; to provide for a specific repealer; 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. In this Act:
(a) "Administrator" means the Administrator of the Office of Fair Employment Practices.
. (b) "Discrimination" means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial or any other act or practice of differentiation or preference in the treatment of a person or persons because of race, color, religion, na tional origin, sex or age between forty and sixty-five, or the aiding, abetting, inciting, coercing or compelling thereof. "Discrimination" shall also mean any system of quotas or affirmative action that requires the hiring, firing, promotion or demotion of any person solely because of that person's race, color, religion, national origin, sex or age between forty and sixty-five.
(c) "Unlawful practice" means an act or practice declared to be an unlawful practice in Sections 3, 4, 5, 20 or 21 of this Act.
(d) "Public employment" means employment by any department, board, bureau, commission, authority or other agency of the State of Georgia.
: (e) "Public employer" or "employer" as used in this act means any department, board, bureau, commission, authority or other agency of the State of Georgia which employs fifteen or more employees within the State for each working day in each of twenty or more calendar weeks in the current or preceding calendar year and an agent of such person. The term "public employer" shall include any person elected to public office in this State with respect to (1) employees of the employer in positions,

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or (2) with respect to individuals applying for positions, on such officer's personal staff or on the policy-making level or as immediate advisors with respect to the exercise of the constitutional or legal powers of the office held by such employer, provided, however, the foregoing exemp tion shall not include such employers with respect to employees, or in dividuals applying for employment, in positions subject to the State Merit System of Personnel Administration or any personnel merit sys tem of any agency or authority of this State.
(f) "Religion" means all aspects of religious observance and prac tice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's operation.
Section 2. Purposes of law; construction; effect; citation, (a) The general purposes of this Act are:

(1) To provide for execution within public employment in the State of the policies embodied in Title VII of the federal Civil Rights Act of 1964 (78 Stat. 241), as amended by the "Equal Em ployment Opportunity Act of 1972" (86 Stat. 103), as from time to time amended, the federal Age Discrimination in Employment Act of 1967 (81 Stat. 602), as from time to time amended, and the federal Rehabilitation Act of 1973 (87 Stat. 355), as from time to time amended.

(2) To safeguard all individuals in public employment from discrimination in employment.

(3) To promote the elimination of discrimination against all individuals in public employment because of such individuals' race, color, religion, national origin, sex and age; thereby to promote the protection of their interest in personal dignity and freedom from humiliation, to make available to the State their full productive capacities, to secure the State against domestic strife and unrest which would menace its democratic institutions, to preserve the public safety, health and general welfare and to further the inter ests, rights and privileges of individuals within the State.

(b) This Act shall be construed to further the general purposes stated in this Section and the special purposes of the particular pro vision involved.
(c) Nothing in this Act shall be construed as indicating an intent to exclude local or federal laws on the same subject matter not inconsis tent with this Act.

(d) Nothing contained in this Act shall be deemed to repeal any other nonconflicting law of this State relating to discrimination be cause of race, color, religion, national origin, sex or age.

Section 3. Employers; discrimination. It is an unlawful practice for an employer:

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(a) To fail or refuse to hire, or to discharge any individual, or otherwise to discriminate against any individual with respect to his
compensation, terms, conditions or privileges of employment, because of such individual's race, color, religion, national origin, sex or age be tween forty and sixty-five; or

(b) To limit, segregate or classify his employees in any way which would deprive or tend to deprive an individual of employment op portunities or otherwise adversely affect his status as an employee, be
cause of such individual's race, color, religion, national origin, sex or age between forty and sixty-five; or

(c) To hire, promote or advance, segregate or affirmatively hire an individual solely as the result of race, color, religion, national origin, sex or age between forty and sixty-five.
Section 4. Apprenticeship or training, discrimination. It is an un lawful practice for an employer controlling apprenticeship or other train ing or retraining, including on-the-job training programs to discriminate against an individual because of his race, color, religion, national origin or sex in admission to or employment in any program established to provide apprenticeship or other training or to discriminate by allowing admission or promotion to an apprenticeship or training solely as the result of race, color, religion, national origin, sex or age between forty and sixty-five.
Section 5. Advertisement of employment. It is an unlawful practice for an employer to print or publish or cause to be printed or published a notice or advertisement relating to employment by such an employer indicating any preference, limitation, specification, or discrimination, based on race, color, religion, national origin, sex or age between forty and sixty-five, except that such a notice or advertisement may indicate a preference, limitation or specification based on religion, national origin, sex or age between forty and sixty-five, when religion, national origin, sex or age between forty and sixty-five is a bona fide occupa tional qualification for employment.
Section 6. Religion or national origin, employment discrimination is not unlawful in certain cases. Notwithstanding any other provisions of this Act, it is not an unlawful practice for an employer to hire and employ employees or to select an individual in any training program, on the basis of religion or national origin in those certain instances where religion or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular busi ness or enterprise.
Section 7. Discrimination in wages or conditions not unlawful when made on basis other than race, color, religion or national origin, sex or age. Notwithstanding any other provision of this Act, it is not an unlawful practice for an employer to apply different standards of com pensation or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not

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the result of an intention to discriminate because of race, color, religion, national origin, sex or age between forty and sixty-five; nor is it an unlawful practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results thereof is not designed, intended or used to discriminate because of race, color, religion, national origin, sex or age between forty and sixty-five.

Section 8. Preference because of imbalance in employment not permitted, (a) An employer shall not grant preferential treatment to an individual or to a group because of the race, color, religion, na tional origin, sex or age between forty and sixty-five of the individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, national origin, sex or age between forty and sixty-five in the State or a community, section or other area, or in the available work force in the State or a community, section or other area.

(b) Nothing contained in this Act prohibits:

(1) Minimum hiring ages otherwise provided by law.

(2) State compliance with federal regulations.
(3) Termination of the employment of any person who is unable or incompetent or refuses to perform his duties.

(4) Any physical or medical examinations of applicants or employees which an employer requires to determine fitness for the job or position sought or held.
(5) An employer from observing the terms of a bona fide seniority system or any bona fide employee benefit plan, such as a retirement, pension or insurance plan which is not a subterfuge to evade the purposes of this Act.

Section 9. Fair Employment Practices Advisory Board, (a) A Fair Employment Practices Advisory Board is hereby created. The Board shall consist of nine persons. Three members shall be appointed by the Governor, three members shall be appointed by the Lieutenant Governor, and three members shall be appointed by the Speaker of the House of Representatives. All initial appointments as well as all other appointments for successive terms shall be for two years. In the event of a vacancy during the term of any member appointed by the Governor, Lieutenant Governor or Speaker, wether by reason of death, resignation or otherwise, the appointment of a successor by the Governor, Lieutenant Governor or Speaker shall be only for the remainder of the unexpired
term.

(b) The Board shall annually elect a chairman and such other officers as it deems appropriate and shall meet at least three times a year at a time and place specified in writing by the Administrator. The Board may also meet from time to time upon its own motion as deemed

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necessary by a majority of the members thereof for the purposes of conducting routine or special business. Each member of the Board shall serve without pay but the members who are not otherwise State officials or employees shall receive a per diem of $44.00 for each day said members are engaged in their official duties and the legal mileage allowance authorized for State employees for the use of their personal authomobiles while engaged in the official duties of the Board.

(c) The Board shall assist the Administrator in an advisory capacity in carrying out the duties and functions of the office including, but not limited to, matters relating to fair employment practices and the effectiveness of the State programs and operations.-

(d) The Board shall make a written report to the Governor and General Assembly by December 31 each year. Such report shall advise the Governor and General Assembly of the Board's activities and the administration of this Act, with such recommendation for change, if any, as the Board deems proper.

Section 10. Administrator. There is hereby created the Office of Fair Employment Practices. The Governor, with the consent of the Senate, shall appoint an Administrator of the office of Fair Employment Practices, who shall serve for a term of two years. The office of Fair Employment Practices shall be attached to the office of the Governor for administrative purposes only.

Section 11. Administrator's function. The function of the Adminis trator shall be to encourage fair treatment for, to foster mutual under standing and respect among individuals of this State and to discourage discrimination in employment against the individuals of this State.

Section 12. Administrator's powers and duties; legal counsel, (a) The powers and duties of the Administrator shall be:

(1) To employ all necessary personnel subject to the approval of the Board and within the limits of the funds appropriated by the General Assembly.

(2) To conduct research projects or make studies into and publish reports on unlawful practices in Georgia.

(3) To receive and investigate complaints of unlawful practices.

(4) To cooperate with other organizations, public and private, to discourage unlawful practices.

(5) To make an annual report to the Governor and the General Assembly of its activities under this Act.

(b) The Attorney General shall be the legal counsel for the Ad ministrator.

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(1) Except as otherwise provided in this Act, the Attorney General, or such member or members of his staff as he may designate, shall advise the Administrator in legal matters arising in the discharge of his duties and shall represent the Administrator in legal actions to which he is a party.

(2) The Attorney General shall be the legal counsel for the Administrator in the event the Administrator determines that there is probable cause to believe that an agency or authority has engaged in an unlawful practice as defined in this Act, and the Adminis trator's staff is unable to eliminate the alleged unlawful practice by conference, conciliation and persuasion.
Section 13. Additional powers and duties. In the enforcement of this Act the Administrator shall have the following powers and duties:
(a) To maintain an office in the City of Atlanta and such other offices within the State as may be deemed necessary.
(b) To meet and exercise his powers at any place within the State.
(c) Within the limitations provided by law, to appoint clerks and other employees and agents as he may deem necessary.

(d) To cooperate with State, local and other agencies, both public and private, and individuals, and to obtain upon request and utilize the services of all governmental departments and agencies.
(e) To cooperate with the United States Equal Employment Op portunity Commission created by Section 705 of the Civil Rights Act of 1964 (78 Stat. 241), as amended, in order to achieve the purposes of that Act, and with other federal and local agencies in order to achieve the purposes of that Act, and with other federal and local agencies in order to achieve the purposes of this Act.
(f) To accept gifts or bequests, grants or other payments, public or private, on behalf of the State of Georgia and to pay such monies into the State Treasury.

(g) To accept on behalf of the State of Georgia reimbursement pursuant to Section 709(b) of the Civil Rights Act of 1964 (78 Stat. 241), as amended, for services rendered to assist the Federal Equal Employ
ment Opportunity Commission.

(h) To receive, initiate, investigate and seek to conciliate com plaints alleging violations of this Act.

(i) To furnish technical assistance requested by persons subject to this Act to further their compliance with this Act or an order issued thereunder.
(j) Upon the approval of the Board, to make studies appropriate

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to effectuate the purposes and policies of this Act and upon approval of said Board to make the results thereof available to the public.

(k) To render annual written reports to the Governor and the General Assembly. The reports may contain recommendations of the Administrator for legislative or other action to effectuate the purposes and policies of this Act.

(1) To make provision for technical and clerical assistance to the Fair Employment Practices Advisory Board.

(m) To apply to the Federal Equal Employment Opportunity Commission for status as a "deferral agency" under Section 706 of the Civil Rights Act of 1964 (78 Stat. 241), as amended, as provided by the rules and regulations of said Commission, or as a "referral agency" under Section 709 of the Civil Rights Act of 1964 (78 Stat. 241), as amended.

Section 14. Complaints of discrimination in employment; pro cedure; conciliation agreements, enforcement, (a) An individual claiming to be aggrieved by an unlawful practice or other person on behalf of an individual claiming to be aggrieved by an unlawful practice may file with the Administrator a written sworn complaint stating that an unlawful practice has been committed, setting forth the facts upon which the complaint is based and setting forth facts sufficient to enable the Administrator to identify the employer charged (hereinafter the respondent). The Administrator's staff shall promptly investigate the allegations of unlawful practice set forth in the complaint and shall within 15 days of filing serve the respondent with a copy of the complaint. The complaint shall be barred unless filed within one hundred eighty days after the alleged unlawful practice occurs.

(b) The Administrator shall determine within a reasonable time after the complaint has been filed whether there is probable cause to believe the respondent has engaged in an unlawful practice. If it is determined that there is no probable cause to believe that the respondent has engaged in an unlawful practice, the Administrator shall issue an order dismissing the complaint.

(c) The complainant, within 10 days after receiving a copy of the order dismissing the complaint, may file with the Administrator an application for reconsideration of the order. Upon such application, the Administrator shall make a new determination within fifteen days whether there is probable cause to believe that the respondent has engaged in an unlawful practice. If it is again determined that there is no probable cause to believe that the respondent has engaged in an unlawful practice, the Administrator shall issue an order dismissing the complaint.

(d) If the Administrator determines, after investigation, or if the Administrator determines after the review provided for in subsection (c) above, that there is probable cause to believe that the respondent has engaged in an unlawful practice, the Administrator's staff shall first endeavor to eliminate the alleged unlawful practice by conference,

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conciliation and persuasion. The terms of a conciliation agreement reached with a respondent may require him to refrain from the commis sion of unlawful discriminatory practices in the future and make such further provisions as may be agreed upon between the Administrator and the respondent. If a conciliation agreement is entered into, the Administrator shall issue and serve on the complainant a final order stating its terms. Except for the terms of the conciliation agreement, neither the Administrator nor any agent thereof shall make public, without the written consent of the complainant and the respondent, information concerning efforts in the particular case to eliminate an unlawful practice by conference, conciliation or persuasion whether or not there is a determination of probable cause or a conciliation agree ment.
(e) At the expiration of one year from the date of a conciliation agreement, and at other times in its reasonable discretion, the Adminis trator's staff may investigate whether the terms of the agreement have been and are being complied with by the respondent. The Administrator shall report his findings to the complainant and the respondent.

(f) If the Administrator should find the filing of the complaint or charge frivolous, the respondent may be awarded reasonable damages not exceed $1,000.00 to be paid by the complainant.

Section 15. Notice and hearing, procedure, (a) Within 60 days after a complaint is filed, unless the Administrator has issued an order dismissing the complaint or stating the terms of a conciliation agreement, the Administrator upon approval of the Board shall request that the Governor appoint a Special Master to conduct a hearing in accordance with the provisions of this Act. Not more than 15 working days after such request, the Governor shall select and appoint a Special Master, who must be an attorney licensed to practice law in the State of Georgia. The Special Master shall have all of the power and authority granted to agencies in conducting hearings and rendering final orders under the Georgia Administrative Procedure Act, including, but not limited to, subpoena power.

(b) Not more than seven days after the appointment of the Special Master, the Administrator shall serve on the respondent and on the complainant or his attorney by registered or certified mail a written notice, together with a copy of the complaint, requiring the respondent to answer the charges contained therein at a hearing before the Special Master at a time and place specified in the notice. Such notice must contain all general and specific charges against the respondent.

(c) The respondent shall file an answer with the Special Master by registered or certified mail not more than 20 working days after receipt of the notice of hearing which 20 working days may be extended by the Special Master, in his discretion, for an additional time not to exceed 10 working days. The respondent must serve a copy of his answer on the complainant or his attorney. Upon leave of the Special Master, the complainant may amend the charges contained in the notice of hear ing. The respondent may amend an answer at any time prior to the hearing or, upon leave of the Special Master, may amend thereafter. No final order shall be issued unless the respondent has had the op-

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portunity of a hearing on the charges contained in the notice of hearing or amendment on which the final order is based. At any time after a notice of hearing is served upon a respondent, discovery shall be authorized in the same manner and fashion as discovery is permitted under the provisions of Sections 26 through 37 of Ga. Laws 1966, p. 609, as amended. Any order contemplated in the aforesaid Section 26 through 37 may be issued by the Special Master. Judicial enforcement of any such order may be obtained by the complainant or respondent in the same manner as is provided for the enforcement of final orders in Section 23 of this Act.

(d) Efforts at conference, conciliation and persuasion shall not be received in evidence.

(e) A respondent who has filed an answer or whose default in answering has been set aside for good cause shown may appear at the hearing, may examine and cross-examine witnesses and the complainant and may offer evidence. The complainant and, in the discretion of the Special Master, any other person may intervene, examine and crossexamine witnesses and present evidence.

(f) If the respondent fails to answer the complaint, the Special Master may enter his default. Unless the default is set aside for good cause shown, the hearing may proceed on the evidence in support of the complaint.

(g) Testimony taken at the hearing shall be under oath and stenographically, or otherwise, recorded by a certified court reporter. After the hearing, in his discretion, the Special Master, upon notice to all parties with an opportunity to be present, may take further evidence or hear argument.

(h) Except as otherwise specifically provided for in this Act, all proceedings of the Special Master shall be conducted as provided for with respect to contested cases in the Georgia Administrative Procedure Act.

(i) Notwithstanding any other provision of this Act, a complainant may retain, at his own expense, private counsel, in lieu of an Administra tor's attorney, to represent him in any proceeding provided for under this Act.

Section 16. Findings of Special Master; orders; nature of affirma tive action, (a) If the Special Master determines that the respondent has not engaged in an unlawful practice, the Special Master shall state his findings of fact and conclusions of law and shall issue a final order dis missing the complaint. If the Special Master or Administrator should find the filing of the complaint or charge as frivolous or in bad faith, the respondent may be awarded reasonable damages not to exceed $1,000.00 to be paid by the complainant.

(b) If the Special Master determines that the respondent has en gaged in an unlawful practice, the Special Master shall state his findings of fact and conclusions of law and shall issue a final order requiring the

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respondent to cease and desist from the unlawful practice and to take such action as in the judgment of the Special Master will carry out the purposes of this Act.

(c) The respondent shall comply without delay with the terms and conditions of such a final order.

Section 17. Judicial review; representation, (a) Any party to a hearing before a Special Master may appeal any adverse final order of a Special Master by filing a petition for review in the superior court in the county in which the alleged unlawful practice occurred or in the superior court of the residence of the respondent. Neither the Adminis trator nor the Special Master shall be a named party; however, the Administrator must be served with a copy of the petition for review.
Within 30 days after the petition is served on the Administrator, the Administrator shall forward to the court a certified copy of the record of the hearing before the Special Master including the transcript of the hearing before the Special Master, all evidence, administrative pleadings and orders. All appeals for judicial review shall be in accordance with the Georgia Administrative Procedure Act, provided however, if any provisions of the Georgia Administrative Procedure Act conflict with any provision of this Act, this Act controls.

(b) The court shall not substitute its judgment for that of the Special Master as to the weight of the evidence on questions of fact. The court may affirm a final order of the Special Master or remand the case for further proceedings. The court may reverse or modify the final order if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

(1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedure; (4) Affected by other error of law;

(5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reason able mind might accept as adequate to support said findings, in ferences, conclusions or decisions;
(6) Arbitrary or capricious or characterized by abuse of dis cretion or clearly unwarranted exercise of discretion.

Section 18. Investigations, powers, records, confidential nature of. (a) In connection with an investigation of a complaint of an unlawful practice filed under this Act, the Administrator and the respondent or their designees at any reasonable time shall have access to premises, records and documents relevant to the complaint and the right to ex
amine, photograph and copy evidence.

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(b) An employer or other person who believes that the applica tion to them of an order issued under this Act would result in undue hardship may apply to the Administrator for relief from the application of the order. If the Administrator finds that the application of the regulation or order to the employer or person in question would im pose an undue hardship, the Administrator may grant appropriate re lief.

(c) It is unlawful for the Administrator or employee of the Admin istrator to make public with respect to a particular employer or person, without his consent, information obtained by the Administrator pursuant to his authority under this Section except as shall reasonably be neces sary to the conduct of a proceeding under this Act.

Section 19. Administrator procedure exclusive. Neither the Ad ministrator, a Special Master nor any court of this State shall take jurisdiction over any claim of any unlawful practice under this Act while a claim of the same person seeking relief for the same grievance is pending. A final determination of a claim alleging an unlawful practice under this Act shall exclude any other action or proceeding brought by the same person based on the same grievance.

Section 20. Conspiracy to violate this Act unlawful. It shall be unlawful practice for a person, or for two or more persons to conspire:

(a) To retaliate or discriminate in any manner against a person because he has opposed a practice declared unlawful by this Act, or be cause he has made a charge, filed a complaint, testified, assisted or par ticipated in any manner in any investigation, proceeding or hearing con cerning an unlawful practice under this Act; or
(b) To aid, abet, incite, compel or coerce a person to engage in any of the acts or practices declared unlawful by this Act; or
(c) To obstruct or prevent a person from complying with the pro visions of this Act or any order issued thereunder; or
(d) To resist, prevent, impede or interfere with the Administrator or any of his representatives or a Special Master in the lawful per formance of duty under this Act; provided, however, it shall not be a violation of this Act for anyone to challenge or resist any action by the Administrator or any of his representatives or a Special Master when there is a good faith belief that the Administrator or his representatives or a Special Master is acting unlawfully or acting in excess of his sta tutory authority; or
(e) To willfully initiate frivolous and unwarranted charges of dis crimination against a public employer.
Section 21. Conciliation agreements, violation unlawful. It is an unlawful practice for a party to a conciliation agreement made pursuant to subsection (d) of Section 14 of this Act to violate the terms of the agreement.

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Section 22. Agency as defense in certain proceedings under this Act. It shall be a defense to a violation of this Act by any person subject to the provisions of this Act that the violation was requested, sought or otherwise procured by a person subject to the provisions of this Act.

Section 23. Enforcement of orders of the Administrator. Any per son, other than the Administrator or a Special Master, affected by a final order of the Administrator or a Special Master may file in the superior court of the county of the residence of the respondent a certified copy of a final order of the Administrator or of a Special Master unappealed from, or of a final order of a Special Master affirmed upon ap peal, whereupon said court shall render judgment in accordance there with and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though said judgment had been rendered in a suit duly heard and deter mined by said court.

Section 24. Conspiracy or violation of confidential records, penalty. It shall be unlawful for any person to willfully engage in any of the following practices:

(a) For the Administrator or employee of the Administrator to make public with respect to a particular employer or person, without his consent, information obtained by the Administrator pursuant to his authority under Section 19 except as shall reasonably be necessary to the conduct of a proceeding under this Act; or

(b) To retaliate or discriminate in any manner against a person because he has opposed a practice declared unlawful by this Act, or because he has made a charge, filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or hearing concerning an unlawful practice under this Act; or

(c) To aid, abet, incite, compel or coerce a person to engage in any of the acts or practices declared unlawful by this Act; or

(d) To obstruct or prevent a person from complying with the pro visions of this Act or any order issued thereunder; or

(e) To resist, prevent, impede or interfere with the Administrator or any of his representatives or a Special Master in the lawful per formance of duty under this Act; provided, however, it shall not be a violation of this Act for anyone to challenge or resist any action by the Administrator or any of his representatives or a Special Master when there is a good faith belief that the Administrator or his representatives or a Special Master is acting unlawfully or acting in excess of his sta
tutory authority.

Section 25. Civil penalty. A violation of this Act shall not be deemed a crime but shall be punished by a civil fine only. Any person who will fully engages in a practice declared to be unlawful by provision of this Act shall be punished civilly by a fine not to exceed $1,000.00.

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Section 26. Short title. This Act shall be known and may be cited as the Fair Employment Practices Act of 1978.

Section 27. 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 28. Specific repealer. This Act shall be repealed on July 1, 1980, unless extended or provided otherwise by the General Assembly.

Section 29. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 30. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Robinson of the 27th offered the following amendment:

Amend the substitute offered by the Senate Committee on Judiciary to HB 1711 as follows:
By striking from lines 26 and 27 of Page 1 the following:
"to provide for a specific repealer;",
and inserting in lieu thereof the following:
"to provide for review, continuation, reestablishment or termina tion;".
By striking Section 28 in its entirety and inserting in lieu thereof a new Section 28 to read as follows:
"Section 28. Review, Continuation, Reestablishment or Ter mination. This Act and the Office of Fair Employment Practices and the Fair Employment Practices Advisory Board created by this Act shall be subject to the provisions of 'The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. Laws 1977, p. 961). The term 'regulatory agency' as used in said Act shall include the Fair Employment Practices Advisory Board and the Office of Fair Employment Practices created by this Act. Unless reestablished or continued in accordance with the provisions of Section 9 of said Act, the Fair Employment Practices Advisory Board and the Office

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of Fair Employment Practices shall be terminated on July 1, 1980, and this Act shall be repealed in its entirety effective on the date specified in Section 8 of said 1977 Act."

Senator Bell of the 5th moved that HB 1711 be committed to the Committee on Judiciary.

Senator Howard of the 42nd moved the previous question.

The President ruled that the motion offered by Senator Howard of the 42nd takes precedence.

On the motion offered by Senator Howard of the 42nd, the yeas were 25, nays 17; the motion prevailed, and the previous question was ordered.

On the adoption of the amendment offered by Senator Robinson of the 27th, the yeas were 48, nays 1, and the amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 45, nays 1, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

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

Evans Foster Gillis Greene Holloway Howard Hudgins Hudson Johnson Kidd Langford Lester Pearcc

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Tate Traylor Walker Wessels

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Those voting in the negative were Senators:

Bell Brantley Coverdell Kennedy McGill

Overby Paulk Reynolds Sutton

Thompson Timmons Turner Tysinger

Those not voting were Senators:

English

Fincher

Hill

On the passage of the bill, the yeas were 40, nays 13.

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

The President announced that the Senate would stand in recess from 1:30 o'clock P.M. until 2:30 o'clock P.M.

At 2:30 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 agreed to the Senate substitute as amended by the House on the following bill of the House:
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 Education Districts and posts; to provide for initial and regular terms of office; to provide for filling vacancies; to provide for practices and procedures.
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 645. By Senator McGill of the 24th: A bill to provide a new charter for the City of Greensboro; to provide for corporate boundaries; to provide for the powers, duties and au thority of the city and the officials, officers and employees thereof; to provide for a city council and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications and prohibitions for the mayor and council.

MONDAY, MARCH 6, 1978

2781

SB 646. By Senator McGill of the 24th:
A bill to provide a new charter for the City of Union Point; to provide for corporate boundaries; to provide for the powers, duties and authority of the city and the officials, officers and employees thereof; to provide for a city council and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications and prohibitions for the mayor and council.

The House has adopted the report of the Committee of Conference on the following bill of the House:

HB 1224. By Representatives Lambert of the 112th, Murphy of the 18th, Harris of the 8th and others:
A bill to provide appropriations for the fiscal year beginning July 1, 1978, and ending June 30, 1979; to provide an effective date.

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

HB 1826. By Representatives Coleman of the 118th, Foster of the 152nd, Parham of the 109th and others:
A bill to amend an Act pertaining to the registration and licensing of motor vehicles in counties throughout the State so as to provide for special and distinctive automobile license plates for the elected sheriffs of the counties of this State; to provide a fee. Senate Sponsor: Senator Barnes of the 33rd.

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

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
Brown of 47th Carter Dean of 6th Dean of 31st Evans Foster

Greene Holloway Howard Hudson Johnson Kennedy
Langford Lester Overby Paulk Reynolds Riley

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

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JOURNAL OF THE SENATE,

Voting in the negative was Senator Coverdell.

Those not voting were Senators:

Ballard Bell Broun of 46th (excused conferee)
Doss . Duncan
Eldridge English

Fincher Gillis Hill Hudgins
Kidd (excused conferee) McGill

Pearce Russell Stumbaugh (excused conferee)
Tate Timmons Walker,

On the passage of the bill, the yeas were 36, nays 1.

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

The following general bill of the House, having been read the third time, passed and reconsidered on March 3, was put upon its passage:

HB 256. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend the "Georgia Criminal Justice Act", as amended, so as to provide for the appropriation and distribution of State funds; to provide for appointment of local public defender attorneys. Senate Sponsor: Senator Howard of the 42nd.

The substitute offered by the Senate Committee on Judiciary and amend ment to the committee substitute offered by Senator Howard of the 42nd, both having been adopted on March 3, were as follows:
A BILL
To be entitled an Act to create the Georgia Criminal Justice De fense Council and Local Tripartite Governing Committees; to provide for a short title; to provide for membership of the Council and local committees, their qualifications, appointment, terms of office, succes sion, method of filling vacancies, meetings, officers, terms, rules for the transaction of business, compensation and expenses, duties, powers, purpose, authority, and responsibilities; to provide for representation by counsel of eligible persons accused of a crime; to provide for the establishment of uniform guidelines; to provide for technical assistance and support services; to provide for funding of local programs; to pro vide for use of attorneys in private practice; to provide local defense services; to provide for budgets and reports; to provide for rules and

MONDAY, MARCH 6, 1978

2783

regulations; to provide for eligibility guidelines; to provide for repre sentation; to provide for recovery from defendants; to provide for funding and appropriation of funds from State, local and other sources; to provide for a procedure for direct funding of local programs and al ternatives; to provide for appointment of other attorneys; to provide for continuation of existing local programs; to provide for use of certain State and local evaluation facilities; to provide for use of cer tain private facilities; to provide for employment of personnel and facilities; to provide for contracts; to provide for office space, equip ment, supplies and other items of expense; to provide for compensation of private attorneys; to provide for expenses and costs; to provide for records and reports; to provide representation in State and federal courts; to provide that protections are not exclusive; to provide for severability; to provide for specific repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. Short Title. This Act shall be known as the "Georgia Criminal Justice Defense Act".

Section 2. Declaration of Policy. It is hereby declared to be the policy of the State of Georgia to provide for the constitutional guar antees of counsel and equal access to the courts for all its citizens in criminal cases. It is recognized that the Constitution of the State of Georgia and the Constitution of the United States require the State of Georgia to provide counsel to those persons accused of crime who, by reason of their poverty, are unable to retain private counsel in all felony cases, and in those prosecutions for misdemeanors, lesser offenses and juvenile proceedings where the State wishes to preserve incarcer ation as a sentencing alternative in the event of a conviction. By adopting this policy, the State will provide its citizens full protection of the law and avoid costly and time-consuming litigation for the vindi cation of the right to counsel which would be an unnecessary burden to the State and the citizens involved. Accordingly, an effective system of providing competent counsel in criminal cases benefits the State of Georgia and all its citizens.

Section 3. Georgia Criminal Justice Defense Council; Creation, (a) There is hereby created as a separate agency within the judicial branch of State government the Georgia Criminal Justice Defense Council.
(b) The Council shall be composed of ten (10) members. One mem ber shall be chosen by the Governor from each of the ten Judicial Administration Districts. These ten members shall be attorneys who have an evidenced interest in the administration of justice. No person shall be eligible for membership on the Council while serving as a judge, district attorney, prosecuting attorney or public defender.

(c) The members appointed by the Governor from the first, third, fifth, seventh and ninth Judicial Administration Districts shall be ap pointed for an initial term of two years, and the members from the

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second, fourth, sixth, eighth and tenth Judicial Administration Districts shall be appointed for an initial term of four years each and until their respective successors are duly appointed and qualified. The initial members of the Council shall take office within thirty days of the effec tive date of this Act and shall serve until the first day of July of the year their terms of office expire. The succeeding members of the Coun cil shall begin their terms of office on the first day of July of the year in which they are appointed. No person shall be eligible to succeed him self for a consecutive four-year term as a member of the Council.

(d) In the event a vacancy occurs on the Council, the Governor shall appoint a person with the qualifications of the "member whose position has become vacant to serve for the remainder of the unexpired term. The person appointed to fill such vacancy shall take office im mediately upon appointment.

(e) The Council shall meet at least quarterly, and at such other times and places as it shall deem necessary or convenient to perform its duties. The Council shall annually elect a chairman and such other officers as it shall deem necessary and shall adopt such rules for the transaction of its business as it shall desire. The members of the Council shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the Council.

Section 4. Local Tripartite Governing Committees; Authorized, (a) Any plan submitted to the Council for direct funding shall be pro posed by a tripartite local governing committee. The committee shall be composed of at least one representative of the county governing authori ties affected by the plan, that representative being appointed by the county commission chairman; (or Chairmen where more than one county
is involved), at least one representative of the Superior Court selected by the Chief Judge of the Judicial Circuit affected by the plan; and at least one representative selected by the president of the local bar (or circuit bar where an entire circuit is affected or there is no local bar association) of each affected county. The designated representatives shall not be judges, prosecutors or public defenders. A committee may be composed of three or more members, but the court, the local govern ing authority and the local bar shall have an equal number of represen tatives. If no local bar association exists, the President of the State Bar of Georgia shall appoint a local attorney to the committee.

(b) The committee member or members in each jurisdiction ap pointed by the Superior Court of the local jurisdiction shall be appointed for an initial term of one year, and the committee member or members appointed by the president of the local bar association shall be appointed for an initial term of two years. The member or members in each juris diction appointed by the county commission shall be appointed for an initial term of three years. Following the initial terms of office, all members shall be appointed for terms of office of three years each and until their respective successors are duly appointed and qualified. The initial members of the respective committees shall take office within thirty (30) days of the effective date of their appointments and shall serve until their respective terms of office expire. No person shall be

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2785

eligible to succeed himself for a three-year term as a member of a committe.

(c) It shall be the duty of each committee to propose a plan which
will provide for indigent defense in the local county or circuit and submit this plan to the Georgia Criminal Justice Defense Council for funding. It shall further be the duty of each committee to implement and manage the local program within guidelines established by the Georgia Criminal Justice Defense Council as provided herein.

(d) Each committee shall meet at least semi-annually, and at such other times and places as it shall deem necessary or convenient to per form its duties. Each committee shall annually elect a chairman and such other officers as it shall deem necessary and shall adopt such rules for transaction of its business as it shall desire. The members of the committee shall receive no compensation for their services but shall be reimbursed for their actual expense incurred in the performance of
their duties as members of a committee.

(e) Purposes of the local tripartite governing committee.

The local tripartite committee shall perform the following func tions: (1) devise a local county, circuit or multi-circuit indigent defense plan which meets the guidelines of the Georgia Criminal Justice De fense Council; (2) the local committee should insure that the local defense plan addresses and assures the following: Independence of counsel, reasonable early entry by defense counsel into the case, that provisions are made to determine whether or not persons seeking as sistance are eligible to receive such assistance as indigents, and that counsel engaged in representing indigent defendants be competent in the practice of criminal law. In addition, the local indigent defense committee shall determine the rate of compensation to be paid for indigent defense services within guidelines established by the Georgia Criminal Justice Defense Council.

Section 5. Purposes. The Georgia Criminal Justice Defense Coun cil shall have the following purposes: (a) To provide, in criminal cases, for representation by counsel, including appeals of right in State courts, and for services and facilities in such criminal proceedings to those persons who, by reason of their poverty, are unable to retain private counsel;
(b) To establish uniform guidelines consistent with the provision of this Act to assure the effective assistance of defense counsel;

(c) To provide for technical and research assistance, planning, clin ical and demonstration programs, training, support and other services to fulfill the purposes of this Act;

(d) To fund directly county, multi-county, circuit or multi-circuit programs consistent with the provisions of this Act;

(e) To utilize to the maximum extent feasible the services of attor-

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neys engaged in. the private practice of law within a judicial circuit, both as defense counsel and as members of local governing boards and advisory committees;

(f) To provide, to the extent available resources permit, programs for defense services where local programs have not been established and funded;

(g) To prepare budgets, reports and other information required by this Act;

(h) To provide for rules and regulations and other matters rela tive to the foregoing and to fulfill the purposes of this Act.

Section 6. Review by the Supreme Court of Guidelines. Guidelines developed by the Georgia Criminal Justice Defense Council shall be submitted to the Supreme Court of Georgia for review and approval prior to being promulgated. Any changes to the guidelines made by the Council subsequent to initial approval by the Supreme Court must also be submitted to the Supreme Court prior to being promulgated.

Section,7. Determination of Eligibility. The Council shall estab lish uniform eligibility guidelines to be applied in determining eligi bility for services under this Act. In establishing such guidelines,* the Council; shall consider such factors as income, property owned, expenses, outstanding obligations, and the number and age of dependents. Release on bail shall not necessarily preclude a person from being eligible, nor shall it be necessary that a person be destitute or a pauper to be eligi ble. The proposed eligibility guidelines shall be submitted to the Supreme Court of Georgia by the Council for review and approval by the Court. Such eligibility standards shall not preclude the trial court from ap pointing counsel in any case before the court where justice or the law requires assistance of counsel.
Section 8. Recovery from Defendant. The State or county may re cover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit under this Act:
(1) to which he was not entitled;
(2) with respect to which he was not financially eligible when he received it;
(3) with respect to a person who, on the date on which suit is brought, is financially able to reimburse the State or county but refuses to do so; or
(4) with respect to which the court concerned ordered him to pro vide partial or full reimbursement for representation or other costs.
Suit must be brought within four years after the date on which the benefit was received. Any compensation paid to the attorney shall

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2787

be prima facie evidence of the value of such services rendered. The court concerned may enter such an order, which shall be a part of the official record of the proceedings.

Section 9. Funding, (a) The Council shall prepare and submit budget estimates of State appropriations necessary for fulfilling the purposes of this Act. The Council is also authorized to seek, apply for, solicit and receive funds from any source, public or private, if available. At least ninety (90%) percent of all State-appropriated funds shall be expended by the Council for participating counties on an equitable basis, based on Judicial Administration District and judicial circuit population and caseload, for the provision of defense services at the local level.

(b) In the event of funding deficiencies, the amount of awards, grants and similar funding by the State shall be reduced on an equal percentage basis, all areas of the State being reduced by an equal amount.

(c) For each fiscal year the governing authority in each county shall include in its annual budget for the operations of the courts in such county, any additional amounts necessary to finance the costs and
expenses for the implementation of this Act. The county governing authorities may accept funds from any source, public or private, for the support of the purposes of this Act.

Section 10. Establishment and Funding of Local Programs, '(a.) Within 60 days following the effective date of this Act, the Council shall determine the total amount of state, federal and other funds available; to implement indigent defense programs on a local level. The Council staff will notify the chairman of every county governing authority (county commission), each superior court judge in each judicial circuit, the president of each county or circuit bar association and the admin istrative judge of every Judicial Administration District of the total amount of funding available and details of preparing an application for funding.
(b) Within 180 days of the effective date of this Act, each local tripartite governing committee established in Section 5 of this Act shall prepare for submission their plan for indigent defense services in their jurisdictions.
(e) Within 45 days of receipt of a plan for funding, the Council shall approve or disapprove such plan and notify the local committee chairman of their action.
(d) If the Council and a local governing committee are unable to devise an acceptable plan or are otherwise unable to reach an agreement as to funding the plan as proposed by the local committee, an alternative plan proposed by the Council, and the plan devised by the local com mittee shall be submitted to the Supreme Court for their review. The decision of the court authorizing one of the alternative plans, or a modification thereof, shall be final.

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Section 11. Continuation of Existing Local Programs. This Act
is intended to apply only to programs receiving State appropriated funds as provided herein. Nothing in this Act shall preclude a superior court or county governing authority from establishing a local defense pro gram or continuing a local defense program established prior to the effective date of this Act which utilizes local, private or federal funds available to the county. Under no circumstances shall this Act confer jurisdiction by the Council over any program electing not to participate in state funding provided by this Act.

Section 12. Appointment of Other Attorneys. The court having jurisdiction of a criminal matter, on its own motion or upon the appli cation of attorneys providing services under this Act, or upon the application of the accused person, may appoint counsel in cases in which a conflict of interest exists or for other cause shown where the "interest of the accused or justice demands. The court shall award reasonable compensation and reimbursement for expenses necessarily incurred to the attorney, to be paid from county or other funds appro priated therefor.
Section 13. Use of State Facilities. An Attorney representing an eligible person under this Act is entitled to have access to and use of the results of services provided by the State, county or municipal evaluation facilities for the evaluation of evidence on an equal basis with the State or local prosecutor. In situations where the Council determines the use of such facilities impractical, the Council from its available funds, or the court from county funds, may authorize the use of private facilities. This section does not authorize the performance of duplicative or cumulative tests at State expense.

Section 14. Personnel and Facilities, (a) The Council may employ such staff, professional, administrative and otherwise, as it deems necessary to carry out its responsibilities under this Act, and provide compensation and expenses for said staff from funds appropriated to or otherwise available to the Council.

(b) Whenever appropriate, the Council may contract with any private, public, or other non-profit organizations or private attorneys
that are equipped to provide the services covered in this Act, or to carry out any function of the Council, using funds appropriated to or otherwise available to the Council; except that state funds provided the Council may not be used to employ an attorney or attorneys to appear in court in behalf of criminal defendants in any jurisdiction unless the local tripartite committee agrees to such representation, where such a committee exists.

(c) Whenever appropriate, the' Council may contract with any county or local unit of government to provide the services or to carry out any function covered in this Act, using funds appropriated to or otherwise available to the Council.

(d) Office space, furniture, equipment, books, postage, supplies, consultant fees, salaries, normal operating costs and overhead, and such other items of expense as are necessary to carry out the purposes

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2789

of this Act may be paid for from funds appropriated to or otherwise available to the Council.
(e) The Council may determine and pay a reasonable rate of com pensation for the services of private attorneys, as well as the direct expenses necessary to such representation. Payment or reimbursement shall be made out of funds appropriated to or otherwise available to the Council.
(f) Any reasonable expense, including the cost of a transcript or other substitute for a transcript, that is directly and necessarily in curred under this Act, may be paid from funds appropriated to or other wise available to the Council.

Section 15. Records and Reports. The Council shall prepare an annual report to the Governor, the General Assembly, and the Supreme Court showing the number of persons represented under this Act, the crimes involved, the number of cases handled, and the total expenditures by kind made in carrying out the responsibilities imposed by this Act. Included in this report shall be the information furnished to the Coun cil by county governing authorities for any persons represented other than by the Council or its attorneys and county expenditures therefor.

Section 16. Representation in State and Federal Courts. State funds provided under this Act shall only be used to provide representa tion in the courts of this State, except that it does not prohibit a defending attorney from representing an eligible person in a federal court of the United States, if

(a) The matter arises out of or is related to an action pending or recently pending in a court of criminal jurisdiction of this State; or

(b) representation is under an approved plan of the United States District Court as required by the Criminal Justice Act of 1964 (18 U.S.C. 3006A), or as said Act may be amended.

Section 17. Protections Not Exclusive. The protections provided by this Act shall not exclude any protection or sanction that the law otherwise provides for accused persons.

Section 18. Competence To Provide Services To Indigent Defend ants. No person may be assigned the primary responsibility of repre senting an indigent person unless he is authorized to practice law in this State and is otherwise competent to counsel and defend a person charged with a crime. Standards of competence shall be determined by the local tripartite committee and enforced by the committee. Guide lines of competence and required training shall be established by the Council. A person authorized to practice legal aid under the Law School Legal Aid Agency Act of 1967 (Sec. 9-401.1) is competent to assist an attorney who is a competent criminal law practitioner licensed in this State; but such a student is not authorized under this Act to conduct a trial except under the direct supervision of, and in the presence of, a

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Competent licensed attorney assigned primary responsibility for the trial

Section 19. Definitions. Public Defender--a public defender, as used in this Act, is an attorney employed fulltime on a salary basis to provide indigent defense services exclusively.

Section 20. 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 Assem bly 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 21. Specific Repealer. The following Acts are hereby repealed in their entirety:

(a) An Act providing for the appointment of an attorney or attor neys to represent indigent defendants in criminal cases involving capital felonies and appeals from convictions thereof, approved January 5, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 478).

(b) An Act known as "The Georgia Criminal Justice Act", ap proved April 8, 1968 (Ga. Laws 1968, p. 999), as amended by an Act approved March 28, 1974 (Ga. Laws 1974, p. 1100).

Section 22. General Repealer. All laws and parts of laws in con flict with this Act are hereby repealed.

Amend the substitute offered by the Senate Committee on Judiciary to HB 256:

By striking from Pages 8 and 9, subsection 9-c in its entirety;

and

By striking from Page 11, beginning on line 18, the words "where such a committee exists".

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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2791

Those voting in the affirmative were Senators:

Allgood Banks Barker Barnes Bond Coverdell Dean of 6th Dean of 31st Eldridge

Evans Holloway Howard Hudson Johnson Langford Lester Riley Robinson

Scott Shapard Starr Stephens Stumbaugh Summers Thompson Tysinger Wessels

Those voting in the negative were Senators:

Brantley Carter Foster Kennedy Kidd

Overby Paulk Pearce Reynolds Sutton

Timmons Traylor Turner Walker

Those not voting were Senators:

Ballard Bell Broun of 46th (excused conferee) Brown of 47th Doss

Duncan English Fincher Gillis Greene

Hill Hudgins McGill Russell Tate

On the passage of the bill, the yeas were 27, nays 14.

The bill, having failed to receive the requisite constitutional majority, was lost.

The following bills of the Senate and House were taken up for the purpose of considering the House action thereto:

SB 414. By Senator Reynolds of the 48th:
A bill to amend an Act providing for the use of radar speed detection devices by counties and municipalities, as amended, so as to change certain provisions relating to inadmissibility into evidence of evidence obtained by law enforcement officers using speed detection devices.

The House amendment was as follows:
Amend SB 414 by deleting lines 18, 19 and 20 on Page 1 and insert ing in lieu thereof on a new line 18 the following:
"one-half mile"

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so that "one-half mile" will be stricken;

and

beginning on line 24, Page 1, insert the words

"inside an incorporated mun'upality or within 600 ft. of a reduction of a speed limit outside an incorporated municipality,";

and

The numbers "600 ft." shall replace the deleted words "one-half-mile".

Senator Reynolds of the 48th moved that the Senate agree to the House amendment to SB 414.

On the motion, 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 Coverdell Dean of 6th Eldridge Evans Poster

Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester Overby Paulk Pearce Reynolds Riley

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

Voting in the negative was Senator Scott.

Those not voting were Senators:

Ballard Bell Brantley Dean of 31st (excused conferee) Doss

Duncan English Pincher Gillis Greene Hill

Hudgins McGill Robinson (excused conferee) Russell Tate

On the motion, the yeas were 39, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 414.

MONDAY, MARCH 6, 1978

2793

HB 1312. By Representatives Swann of the 90th, Truluck of the 86th, Burton of the 47th and others:
A bill to amend Code Chapter 54-99, relating to crimes respecting in dustrial relations so as to provide that it is unlawful for any person to put a minor to indecent, obscene, or immoral exhibitions; to provide a penalty.

Senator Reynolds of the 48th moved that the Senate insist upon the Senate substitute to HB 1312.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1312.

The following bill of the Senate was taken up for the purpose of considering the Second Conference Committee report thereon:

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 Second Conference Committee report was as follows:

Mr. President:

Your Conference Committee on Senate Bill 236 recommends that both the Senate and the House of Representatives recede from their position and that the attached Conference Committee Substitute be
adopted.

FOR THE SENATE
la/ J. Ebb Duncan Senator, 30th District
/s/ Perry J. Hudson Senator, 35th District
/s/ Nathan Dean Senator, 31st District

Respectfully submitted,
FOR THE HOUSE
/s/ Tom Triplett Representative, 128th District
/s/ Lauren (Bubba) McDonald, Jr. Representative, 12th District
/s/ Benson Ham Representative, 30th District

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A BILL

To be entitled an Act to create the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee; to provide for mem
bership; to provide terms of office; to provide for organization; to provide for the filling of vacancies; to provide duties; to direct certain State officers and agencies to provide assistance; to provide for staff; to provide for reports; to provide for financial matters; to provide for all other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

WHEREAS, the Geo. L. Smith II Georgia World Congress Center Authority is charged by law with the construction and operation of a comprehensive international trade and convention center for the State
to be known as the Geo. L. Smith II Georgia World Congress Center; and

WHEREAS, the authority is a creature of the General Assembly, having been created for the purpose of constructing and operating the
Geo. L. Smith II Georgia World Congress Center; and

WHEREAS, is it incumbent upon the members of the General Assembly to periodically review the efficiency and effectiveness with which said authority is meeting its statutory duties and functions.

NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. There is hereby created as a joint committee of the General Assembly the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee to be composed of three members of
the House of Representatives appointed by the Speaker of the House and three members of the Senate appointed by the President of the Senate. The members of the committee shall serve two-year terms con current with their terms as members of the General Assembly. The chairman of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chairman of the committee shall be appointed by the Speaker of the House from the membership of the committee. The chairman and vice chairman shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairman or vice chairman of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Geo. L. Smith II Georgia World Congress Center Authority, as well as periodically review and evaluate the success with which the authority is accomplishing its statutory duties and functions as provided in the "Geo. L. Smith II Georgia World Congress Center Act" (Ga. Laws 1974, p. 174), as now or hereafter amended.

Section 2. The State Auditor, the Attorney General, and all other agencies of State government, upon request by the committee, shall
assist the committee in the discharge of its duties herein set forth. The

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2795

committee may employ not more than two staff members and may secure the services of independent accountants, engineers and con sultants.

Section 3. The Geo. L. Smith II Georgia World Congress Center Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the State Auditor and other State agencies in order that the charges of the committee, set forth herein, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform the functions specified in this Act. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or gen erally relating to the Geo. L. Smith II Georgia World Congress Center Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the Geo. L. Smith II Georgia World Congress Center Authority, as set forth herein.

Section 4. In the discharge of its duties, the committee shall evaluate the performance of the Geo. L. Smith II Georgia World Con gress Center Authority consistent with the following criteria:

(1) prudent, legal and accountable expenditure of public funds;

(2) efficient operation; and

(3) performance of its statutory responsibilities.

Section 5. (a) The committee is hereby authorized to expend State funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff per sonnel, paying for services of independent accountants, engineers and consultants, and paying all other necessary expenses incurred by the committee in performing its duties.

(b) The members of the committee shall receive the same com pensation, per diem, expenses and allowances for their service on, the committee as is authorized by law for members of interim legislative study committees.

(c) The funds necessary for the purposes of this Act shall come from the funds appropriated to and available to the legislative branch of government.

Section 6. Nothing contained within this Act shall relieve the Geo. L. Smith II Georgia World Congress Center Authority of the re sponsibilities imposed upon it under law.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

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Senator Duncan of the 30th moved that the Senate adopt the Second Confer ence Committee report on SB 236.

On the motion, 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 Coverdell Dean of 6th Dean of 31st Dosa Duncan Eldridge

Evans Pincher Poster Greene Holloway Howard Hudson Johnson Kennedy Kidd Lester Overby Paulk Pearce Reynolds

Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Bond English Gillis

Hill Hudgins Langford McGill

Russell Tate Timmons

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Second Conference Committee report on SB 236.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

HB 1224. By Representatives Lambert of the 112th, Murphy of the 18th, Harris of the 8th and others:
A bill to provide appropriations for the fiscal year beginning July 1, 1978, and ending June 30, 1979; to provide an effective date.

The Conference Committee report on HB 1224 was as follows:
The Conference Committee on House Bill 1224 recommends that both the Senate and the House of Representatives recede from their po-

MONDAY, MARCH 6, 1978

2797

sitions and that the attached Conference Committee Substitute to House Bill 1224 be adopted.

FOR THE SENATE:
/s/ Paul C. Broun Senator, 46th District
/s/ Al Holloway Senator, 12th District
/s/ John R. Riley Senator, 1st District

Respectfully submitted,
FOR THE HOUSE:
/s/ Marcus E. Collins Representative, 114th District
/s/ Joe Frank Harris Representative, 8th District
/s/ Clarence R. Vaughn, Jr. Representative, 57th District

Conference Committee Substitute to HB 1224:
A BILL
To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1978, and ending June 30, 1979; to make and provide such appropriations for the operation of the State Govern ment, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to pro vide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1978, and ending June 30, 1979, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus, Federal Revenue Sharing Funds, Anti-Recession Fiscal Assistance Funds and a revenue estimate of $2,290,000,000 for fiscal year 1979.

PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch .__...____.___-_.-- $ 8,575.000

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

8,175,000 8,175,000 8,175,000

2798

JOURNAL OF THE SENATE,

2. For Election Blanks and Other Election Expenses -_..._.----.----------.-- $
Total Funds Budgeted ______..-----,,----$ State Funds Budgeted ___._..,,----..______..___.._.$

400,000 400,000 400,000

Budget Unit Object Classes:
Operations ......._.......__.................................$ Election Blanks and Other
Election Expenses ......._..-._.._............_._..$

8,175,000 400,000

For .compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Gover nor and Speaker of the House of Representatives; for membership in the National Conference of Commis sioners on Uniform State Laws; for membership in the Council of State Governments, the National Confer ence of State Legislatures and the National Con ference 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 Leg islative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and re furbishing of space and other facilities for the Legis
lative Branch; for the Legislative Services Committee,
the Office of Legislative Counsel and the Office
of Legislative Budget Analyst; for the operation
of the Georgia Educational Improvement Council; for
compiling, publishing and distributing the Acts of the
General Assembly and the Journals of the Senate and
the House of Representatives; for Code Revision; for
the annual report of the State Auditor to the General
Assembly; for equipment, supplies, furnishings, repairs,
printing, services and other expenses of the Legislative
Branch of Government; for costs of the Georgia Official
and Statistical Register; and for payments to Presiden
tial Electors. The provisions of any other law to the
contrary notwithstanding, such payments to Presiden tial Electors shall be paid from funds provided for the
Legislative Branch of Government, and the payment
and receipt of such allowances shall not be in violation
of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the ex-

MONDAY, MARCH 6, 1978

2799

penditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds ap propriated 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 ..__.___.$ 3,243,275

1. Operations __--______._-_.-_____-..____..,,____$ Total Funds Budgeted ________..______________$ State Funds Budgeted _________,,___.,,._,,______.$

2,893,275 2,893,275 2,893,275

2. Tax Ratio Study ____________________________.$ Total Funds Budgeted ......,,_....._......._.___$ State Funds Budgeted ________________________.__,,$

350,000 350,000 350,000

Budget Unit Object Classes:
Operations __.___________________..________.$ Tax Ratio Study ____________.___________.___.$ Passenger Carrying Motor Vehicles

2,893,275 350,000 22

PART II. JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court

..$ 1,449,880

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 ex penses 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.

2800

JOURNAL OF THE SENATE,

Section 4. Superior Courts. Budget Unit: Superior Courts _._._--__

..$ 11,156,470

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 and such other salaries and expenses as may be authorized by law.

Provided, however, that none of the above appro priation shall be expended for the payment of travel, tuition and expenses to attend the National College of State Trial Judges.

For payment of salaries, the payment of mileage and other expenses as may be authorized by law for the District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus.

For the cost of operating the Judge Sentence Re view Panel as created by 1974 Georgia Laws, p. 358.
Provided, however, that the listed appropriation shall be increased by the amount of $25,666 per annum for each additional Judge Emeritus position established during the fiscal year, and by the amount of $17,000 per annum for each additional District Attorney Emer itus position established during the fiscal year.
Provided, further, that the listed appropriation shall be increased by the amount of $74,000 per annum for each judgeship created by law during the 1979 ses sion, of the General Assembly.
\
Provided, that of the above appropriation relating to Superior Courts, $283,110 is designated and com mitted for the Prosecuting Attorneys' Council for operations and $51,360 is designated and committed for the Sentence Review Panel.

Section 5. Court of Appeals ..._..._....._._._._,,_..$ 1,550,190

For the cost of operating the State Court of Appeals, 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 Emer itus position established during the fiscal year.

MONDAY, MARCH 6, 1978
Section 6. Administrative Office of the Court.
Budget Unit: Administrative Office of the Court ..-...._.....-_._,,._.._....._...._........_.._.........$ Total Funds Budgeted ..._..._._._._..,,--,,-$ State Funds Budgeted ............_.,,..............,,....$
For the cost of operating the Administrative Of fices of the Court.
Provided, however, of the above appropriation, $30,000 is designated and committed for funding of a Judicial College.

2801
522,000 1,106,626
522,000

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

120,000

For the cost of printing and distributing the re ports of the Supreme Court and Court of Appeals.

Section 8. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission .___._---_-------__------_.____,,_.--..._--_$

56,652

For the cost of operating the Judicial Qualifications Commission.

Section 9. Board of Court Reporting. Budget Unit: .__..._,,...._._..__..._..._....._.,,._......$

8,400

For the cost of operating the Board of Court Reporting.

Section 10. Council of Juvenile Court Judges. Budget Unit: -______---_.-___._______._..___$

67,000

For the cost of operating the Council of Juvenile Court Judges.

. PART III.
EXECUTIVE BRANCH
Section 11. Department of Administrative Services.
A. Budget Unit: Department of Administrative Services .....-..-..,,....-....._..,,....$ 27,393,08'

2802

JOURNAL OF THE SENATE,

1. State Properties Commission Budget:
Personal Services .------.------___------_....$ Regular Operating Expenses .----------__..__.$ Travel ___._..__._._____________.._.._._____.._..$ Motor Vehicle Equipment Purchases __......___.$ Publications and Printing ----------------_,,.$ Equipment Purchases ___._.._.------.--__--__$ Computer Charges --------..--------------$ Real Estate Rentals ...-------------.----.....$ Telecommunications --------_------------. $ Per Diem, Fees and Contracts ----_------,,_--.$" Total Funds Budgeted ----------.---------.$ State Funds Budgeted _._..__._..._._...------._._..$ Total Positions Budgeted

142,500 21,058 3,000 --0-- 3,000
500 --0-- --0--
2,000 15,000 187,058 187,058
9

2. Departmental Administration Budget:
Personal Services ----_.................................... Regular Operating Expenses ............------.$ Travel .............. ..........^..........,........................^ Motor Vehicle Equipment Purchases ...........$ Publications and Printing ----..--------.......,,_.$ Equipment Purchases ----.----------------..$ Computer Charges _--._._______.___..--______.__$ Real Estate Rentals ......................................^ Telecommunications ----------------------._..$ Per Diem, Fees and Contracts ................_..$ Direct Payments to Georgia Building
Authority for Capital Outlay ................... $ Direct Payments to Georgia Building
Authority for Operations.--------------.--...$ Direct Payments to Georgia Building
Authority for Authority Lease Rentals ... $ Total Funds Budgeted ..................--..............$ State Funds Budgeted ...._.......................^.. $ Total Positions Budgeted

664,447 42,839 7,400 --0-- 3,800 5,800 --0-- --0-- 17,000 --0--
120,000
1,500,000
850,000 3,211,286 3,211,286
36

3. Fiscal Administration Budget:
Personal Services ----..._,,_.------------.,,_ $ Regular Operating Expenses ....,,--_.--.--.$ Travel ___.....___.__----._.___....__.........__.._...........$ Motor Vehicle Equipment Purchases ............. $ Publications and Printing ............................ ^ Equipment Purchases _.......____.--...__.._______.$ Computer Charges .--------_.------___--..$ Real Estate Rentals ...................................^ Telecommunications --...._._-----___.--___..$ Per Diem, Fees and Contracts ....................... ^ Total Funds Budgeted ,,___....__--..$ State Funds Budgeted .......___--------.$ Total Positions Budgeted

440,000 25,330 3,200 --0-- 6,000 3,075 3,775,000 --0-- 10,000 --0-- 4,262,605 4,262,605
23

MONDAY, MARCH 6, 1978

2803

4. Self-Insurance Administration Budget:
Personal Services .............................................^ Regular Operating Expenses -_--.....___.__..._..$ Travel _.._________,,___._.__.__...................J$ Motor Vehicle Equipment Purchases .___....._..$ Publications and Printing ___..-----.._.-----------$ Equipment Purchases ......................................$ Computer Charges ___....._...__...._._._.___._______.._...__.$ Real Estate Rentals .............,,._......,,_.._....._._$ Public Safety Officers Indemnity Fund ......$ Telecommunications ......................................... $ Per Diem, Fees and Contracts .....................^ Workmen's Compensation ._...._._._......__.._.$ State Liability Self-Insurance Reserve .._,,...$ Unemployment Compensation Reserve -___,,. $ Total Funds Budgeted ....................... ......^ State Funds Budgeted ..................................$ Total Positions Budgeted

330,073 8,493 33,400
--0-- 2,825 4,800 500
10,250
2,100,000
700,000 3,190,341 3,135,886
22

5. Procurement Administration Budget:
Personal Services .............................................$ Regular Operating Expenses ...................... ^ Travel ...^.............^.........................__ .________$ Motor Vehicle Equipment Purchases ........... $ Publications and Printing ............................ ^ Equipment Purchases .......^......................... ^ Computer Charges ...........................................^ Real Estate Rentals ___,,_____.__ ..........,,$ Telecommunications ....._...._..,,--___............... $ Per Diem, Fees and Contracts .--_._.___._.__.____.$ Total Funds Budgeted ,,.......,,._.._..._..._.._...$ State Funds Budgeted ...................................$ Total Positions Budgeted

841,980 62,500 5,800 --0-- 26,500 3,700 97,000 --0-- 34,200 --0-- 1,071,680 1,071,680
53

6. General Services Administration Budget:
Personal Services ...,,........._._..._....................._...$ Regular Operating Expenses ....--......_...__..$ Travel ...... ..^..............__.........__.._...__.._...........$ Motor Vehicle Equipment Purchases .._.....,,$ Publications and Printing .....-.--.........._.--..,,$ Equipment Purchases .,,..--.-_---....-...._.._.._....$ Computer Charges _.........._.._...----......_.........^ Real Estate Rentals .......-.............-..-..............$ Telecommunications _,,.--.--..----_--------_.--.$ Per Diem, Fees and Contracts .........._....,,,,,, $ Total Funds Budgeted ..__...,,-....._.............._$ State Funds Budgeted ...................................^ Total Positions Budgeted

165,000 75,710
750 5,200
100 5,000
3,000
254,760 129,241
14

7. Property Management Administration Budget:
Personal Services __.__._._..,,___----._._..__.._.$

247,500

2804

JOURNAL OF THE SENATE,

. Regular Operating Expenses _--_-..____---.._._._-$

Travel _.___________________________...._.__._.____.._.____$

Motor Vehicle Equipment Purchases --------$

Publications and Printing ___._______________.___...___.$

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

Computer Charges ____....___________._______.________,,_,,$

Real Estate Rentals .-....,,._.....-.__.-_---...,,.$

Telecommunications ______________._._,,_______,,__._.$

Per Diem, Fees and Contracts ____________.._______.$

Total Funds Budgeted _._.___.---.---_-._...._...$

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

Total Positions Budgeted

~

20,680 4,200 --0--
700 250 21,960 20,029 7,200 1,450 323,969 323,969
16

8. Data Processing Services Budget:
Personal Services __..__..___.__.._____._-_ ____._._.___.-$ Regular Operating Expenses ....................... ^ Travel ........................................................I Motor Vehicle Equipment Purchases _______.___$ Publications and Printing ___.______________.___,,_.___$ Equipment Purchases ___________._____._._..__.__.____..__$ Computer Charges ...................^.....................^ Rents and Maintenance Expense _.,,______.___.-_$ Real Estate Rentals ____....____________.._._______________$ Telecommunications ........................................^ Per Diem, Fees and Contracts .................^..^ Total Funds Budgeted ...........^..................... ^ State Funds Budgeted _____________.,,..._._..._._....$ Total Positions Budgeted

10,291,897 1,199,060
31,500 --0--
17,100 103,600 215,000 10,325,000 192,300 253,000 1,400,000 24,028,457 10,000,000
694

9. Motor Pool Services Budget:
Personal Services _______._______._______________._...__.______$ Regular Operating Expenses ......................... k Travel __..._____..___._._____.___.________...__..._.,,.._.._.,,_.. $ Motor Vehicle Equipment Purchases ............ j Publications and Printing ..............................^ Equipment Purchases __...__..____._..._..._..._........_.$ Computer Charges ----._..--.--._..._._,,.-_.....-..$ Real Estate Rentals ..............._..._........_..._...$ Telecommunications .........................................$ Per Diem, Fees and Contracts --._-.,,,,-.---_--.$ Total Funds Budgeted .,,,,_,,,,_..._._.__..........$ State Funds Budgeted ................_......_.._..__....$ Total Positions Budgeted

323,200 617,300
900 248,560
1,550 5,075 1,500
720 5,300 --0-- 1,204,105 --0--
29

10. Communication Services Budget:
Personal Services ....,,....._-...._........._..._......_...$ Regular Operating Expenses ....................... ^ Travel _....._.._........._......._,,-__...___....._...........$ Motor Vehicle Equipment Purchases ........... ^ Publications and Printing ......................... ^ Equipment Purchases ------.....----.._._.___________.$ Computer Charges ______________._______.__.._..........$

1,617,200 300,230 8,300 --0-- 42,000 13,200 76,000

MONDAY, MARCH 6, 1978

2805

Real Estate Rentals ....-.............................._...$ Telecommunications ----..--_..-._...._......_,,_._.$ Per Diem, Fees and Contracts _______.,,_.._._______.$ Telephone Billings .--_..-.._.........................-......_..$ Total Funds Budgeted --.....__..______...__.___..._....$ State Funds Budgeted .............-.......................$ Total Positions Budgeted

37,400 2,000 15,500 14,891,000 17,002,830 5,000,000
107

11. Printing Services Budget:
Personal Services _....,,....___._____....____._.._..._..$ Regular Operating Expenses ...--..........--_...$ Travel .................._.__............._..................$ Motor Vehicle Equipment Purchases ......,,....$ Publications and Printing ..............................$ Equipment Purchases ________----_-,,__-.--.._.-.---.$ Computer Charges .......___.........._....._........_...$ Real Estate Rentals _-........--........-..-.-.-......$ Telecommunications .--.,,___._____._-._-.---.._,,._...---$ Per Diem, Fees and Contracts ........................$ Total Funds Budgeted ........_._._.......---..$ State Funds Budgeted ,,..................................$ Total Positions Budgeted

956,300 1,127,614
3,000 --0--
800 53,800
5,250 66,050 11,250
630 2,224,694
--0-- 77

12. Central Supply Services Budget:
Personal Services .............................................$ Regular Operating Expenses ............. ........$ Travel ........_.........................._....._.._........._.....-$ Motor Vehicle Equipment Purchases _...--.-- $ Publications and Printing ,,._______.._,,___,,_.$ Equipment Purchases _........_.._._._..--._...._,,.._.....$ Computer Charges ___._____._.___.___.___..__.____.__.___.__..$ Real Estate Rentals .-..-_.,,...-........_.._...-,,....$ Telecommunications ...._......._.......__.._.._..._......$ Per Diem, Fees and Contracts _______.___.___.___.__.$ Total Funds Budgeted ,,.._......_..._..,,.._,,.........$ State Funds Budgeted .__._._._______.__________.____.$ Total Positions Budgeted

142,500 1,805,070
400 --0--
2,200 2,215 --0-- 54,350 4,500
800
2,012,035 --0-- 12

13. Volunteer Services Budget:
Personal Services ___.___.___.__.._______.___._____.___._____.$ Regular Operating Expenses .....................,,$ Travel .........._........................................................ $ Motor Vehicle Equipment Purchases ...._,,--.$ Publications and Printing ..................._...........$ Equipment Purchases ...............................___$ Computer Charges .--____._------..,,._.._.,,.......$ Real Estate Rentals ....-,,...._......................... $ Telecommunications ---.---------------__...____...$ Per Diem, Fees and Contracts ___.___,,_.___________ $ Total Funds Budgeted ..............._..................$ State Funds Budgeted ............................ $ Total Positions Budgeted

46,000 6,569 3,200
--0-- 6,000 3,989
--0-- --0--
1,800 3,800 71,358 71,358
3

2806

JOURNAL OF THE SENATE,

Budget Unit Object Classes:
Personal Services --_-_--_.-....-..._.-........._.-$ Regular Operating Expenses ..____________.___..$ Travel ____________.._......___.__....-.____....--....$ Motor Vehicle Equipment Purchases ___....____.$ Publications and Printing ____._.__._________.______..$ Equipment Purchases _____.______.___.______________,,_$ Computer Charges .__---_..--.--....--_._-..-.$ Real Estate Rentals ______________.____.___._.___,,____.$ Telecommunications --..._.._,,_,,.____,,________.__$ Per Diem, Fees and Contracts ..................._...$ Rents and Maintenance Expense ........-.--__$ Workmen's Compensation .._,,.._-............__-$ Direct Payments to Georgia Building
Authority for Operations .........................._$ Direct Payments to Georgia Building
Authority for Capital Outlay .....__.............$ Direct Payments to Georgia Building
Authority for Authority Lease Rentals _._.$ State Liability Self-Insurance Reserve ---- $ Telephone Billings ...........................................I Public Safety Officers
Indemnity Fund ........,,,,_,,.,,_--_.___...._,,.....,, $ Unemployment Compensation Reserve ....... $ Total Positions Budgeted Passenger Carrying Motor Vehicles

16,208,597 5,312,453
105,050 253,760 112,575 205,004 4,192,210 370,849 361,500 1,437,180 10,325,000 2,100,000
1,500,000
120,000
850,000 --0-- 14,891,000
--0-- 700,000
1,095 334

It is the intent of this General Assembly that other wise unencumbered funds in the Public Safety Officers Indemnity Reserve on June 3'0, 1978, be utilized in Fiscal Year 1979 for the purposes authorized in S. B. 36 of the 1978 Regular Session.
E. Budget Unit: Georgia Building Authority --__.._--...._,,__._-.--_..--..-_.--_,,____$

--0--

1. Georgia Building Authority Budget:
Personal Services .-..--...-.......-_.........._........_...$ Regular Operating Expenses ......._...............$ Travel _.___.........__._..,,.,,_____.__________,,,,.__.$ Motor Vehicle Equipment Purchases ............$ Publications and Printing ............................. $ Equipment Purchases .______.__________.____________,,.___$ Computer Charges ..._.._--............_........._.......$ Real Estate Rentals -...-......._._,,.........._._...._.$ Telecommunications ----.------......_..,,__,,........ $ Per Diem, Fees and Contracts ............_......___.$ Capital Outlay .,......_.._.....__.._.......______________.$ Authority Lease Rentals ,,...................._.......$ Utilities ...._............-..-.........-._......._._.........._... $ Facilities Renovations and Repairs --.-...----.$ Total Funds Budgeted ........_,,._.......................$ State Funds Budgeted .................................._..$ Total Positions Budgeted

5,689,687 1,620,583
3,100 20,000 17,000 79,093 --0-- --0-- 45,000 77,000 120,000 1,398,663 2,500,000 --0-- 11,570,126 --0--
403

MONDAY, MARCH 6, 1978

2807

Budget Unit Object Classes:
Personal Services ..--..._---......._...._______...--._....$ Regular Operating Expenses ---------$ Travel _._..__..__.__-----._.._..._______.___-.-.-$ Motor Vehicle Equipment Purchases .....--.--$ Publications and Printing .__.__.__...___.___.__..__.._._.$ Equipment Purchases ______________..__________.___.___.$ Computer Charges --.--_-_______...-_______________$ Real Estate Rentals ___----------_.._._.__._.--,,.-$ Telecommunications -----_--__--_____________._._ _._.,r $ Per Diem, Fees and Contracts -.___..._.__.-..-.$ Capital Outlay ._..__.--._.___..._.__...._.___._____..._$ Authority Lease Rentals ___.___.___.__..__.._..__,,____$ Utilities .____-.______.._________.-__-.__._______.___.? Facilities Renovations and Repairs _,,----_$ Total Positions Budgeted Passenger Carrying Motor Vehicles

5,689,687 1,620,583
3,100 20,000 17,000 79,093 --0-- --0-- 45,000 77,000 120,000 1,398,663 2,500,000 --0--
403 39

The Authority is authorized to increase the amount budgeted for Facilities Renovations and Repairs by such amounts as are approved for other Agencies or Authorities of the State by the Office of Planning and Budget, and by such amounts as are received from other sources for renovations or repairs.

Section 12. Department of Agriculture.

A. Budget Unit: Department of Agriculture ..______.--___._....__._.___.___._._._.---.$ 15,869,709

1. Plant Industry Budget:
Personal Services ___.__.._--_-.___.__._____.___-___.___.$ Regular Operating Expenses .--.._...___._.-.-.-$ Travel ...--..._.._______--._____._______________..-__$ Motor Vehicle Equipment Purchases ___.-----$ Publications and Printing ___.____..__.___..__.___.___.$ Equipment Purchases ..._--.---__,,__.-__--_-_,,----_$ Computer Charges ----_----_,,..--.___.__------$ Real Estate Rentals ....-...._._..__.._.______.___..-._.$ Telecommunications ..................,,....._...._,,......,,..$ Per Diem, Fees and Contracts _._...__,,....-...$ Total Funds Budgeted .........._..._..........,,...._..$ State Funds Budgeted .................................. $ Total Positions Budgeted

2,339,642 188,808 115,000 38,400 11,000 45,800 --0-- 2,200 27,000 8,100
2,775,950 2,610,950
182

2. Animal Industry Budget:
Personal Services .... ........................_..--......$ Regular Operating Expenses ............................ Travel ................................................._.._..............$ Motor Vehicle Equipment Purchases ........ Publications and Printing ......._...................$ Equipment Purchases ......--....................__.........$

708,000 101,430 31,500
9,600 4,000 4,500

2808

JOURNAL OF THE SENATE,

Computer Charges _..---------,-------.----------.? Real Estate Rentals _._...,,........._._._..._$ Telecommunications ....--.--_..._.._.._..........$ Per Diem, Fees and Contracts .__--._....--,,$ 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

--0-- --0--
20,000 --0-- 289,658 479,820 697,000 375,000
220,000
265,000 150,000 3,355,508 3,235,508
49

3. Marketing Budget:
Personal Services ....__.--~-......~-.~--~~~$ Regular Operating Expenses .........--.........-.....$ Travel ..._.__..........................__.._,,._.:...........$ Motor Vehicle Equipment Purchases --_....--.$ Publications and Printing --..........--.--..........$ Equipment Purchases .......--.._........................$ Computer Charges ___.___..._---___._______.....--------$ Real Estate Rentals ........................................^ Telecommunications ......----..............................$ Per Diem, Fees and Contracts ........................$ Authority Lease Rentals ...............................$ Total Funds Budgeted ..................................^ State Funds Budgeted _.-..__.....-- ---$ Total Positions Budgeted
4. Major Markets Budget:
Personal Services .............................._.,,_.._..$ Regular Operating Expenses ........................ ^ Travel ................................__..........................^ Motor Vehicle Equipment Purchases ......_...$ Publications and Printing _...........................-$ Equipment Purchases ..............._.......................$ Computer Charges ...........................................^ Real Estate Rentals .........--_..___.._.._..............--.$ Telecommunications _.._......___...-..-._....----.$ Per Diem, Fees and Contracts ..........._.........$ Total Funds Budgeted ...........................$ State Funds Budgeted .....................................? Total Positions Budgeted

638,000 105,100 68,000 --0---
4,400 4,700 --0-- --0-- 17,000 16,700 195,000 1,048,900 1,048,900
39
1,229,000 500,880 13,000 4,800 27,800 17,800 --0-- --0-- 23',100 21,000
1,837,380 478,160 118

5. General Agricultural Field Forces Budget:
Personal Services ..._......................................._.$ Regular Operating Expenses ................_.........$ Travel ..............,,_........._.__._._....._..._._.............$ Motor Vehicle Equipment Purchases ........._..$

1,457,000 66,700 150,000 9,600

MONDAY, MARCH 6, 1978

2809

Publications and Printing ........___...___.__.__...$ Equipment Purchases _........_.....................--$ Computer Charges _._._...........__...._........$ Real Estate Rentals .................-.......................$ Telecommunications ......--.._.__.._.........._...$ Per Diem, Pees and Contracts ----------------$ Total Funds Budgeted ..._.._....._.._......______.....$ State Funds Budgeted ......................................$ Total Positions Budgeted

500 750 --0-- 3,300 15,500 --0-- 1,703,350 1,703,350 125

6. Internal Administration Budget:
Personal Services ............................................^ Regular Operating Expenses __..._._...__-...$ Travel .............._....-.........._..............-................$ Motor Vehicle Equipment Purchases .______..._.$ Publications and Printing .........-..-._....._...... $ Equipment Purchases ......_...._.........._...........$ Computer Charges ._...._..............._....._..._.._..$ Real Estate Rentals ........_......_._..__....._._...$ Telecommunications ..........................................if Per Diem, Fees and Contracts _...--_.._.........$ Advertising Contract ....................................... ^ Total Funds Budgeted _.____._........_.._.._.._.$ State Funds Budgeted _._.___._..._.........___.__......__..$ Total Positions Budgeted

820,000 88,350 15,000 19,200 5,000 2,000 87,156 --0-- 36,700 20,750 35,000
1,129,156 1,129,156
55

7. Information and Education Budget:
Personal Services .._....................--........_..........$ Regular Operating Expenses ..--.....................$ Travel ...................................................^.........$ Motor Vehicle Equipment Purchases .__....._..$ Publications and Printing .....-._..--...............$ Equipment Purchases ....--.........--_..--.........___..$ Computer Charges ............__.._._.........._._.........$ Real Estate Rentals __..___....._..._____.__.__._____._$ Telecommunications _..__._..._____._.-.,,.._.___.___.___...$ Per Diem, Fees and Contracts .......................$ Total Funds Budgeted ................................... ^ State Funds Budgeted ...............-....................$ Total Positions Budgeted
8. Fuel and Measures Standards Budget:
Personal Services --.----.........._.....--._...........$ Regular Operating Expenses .-.......................$ Travel ...................................................._.......... $ Motor Vehicle Equipment Purchases ............$ Publications and Printing .........._..--...........$ Equipment Purchases ......................................$ Computer Charges ................_............_........_..$ Real Estate Rentals .............................._..........$ Telecommunications ....................................... $ Per Diem, Fees and Contracts ...--............ $ Total Funds Budgeted .................................I

128,000 214,660
1,000
271,000
--0-- 5,000
--0-- 619,660 619,660
11
804,000 134,060
66,000 89,000 1,500 21,550 --0-- --0-- 13,000 --0-- 1,129,110

2810

JOURNAL OF THE SENATE,

State Funds Budgeted ._....__.___.______,,,,.____________.$ 1,123,110

Total Positions Budgeted

66

9. Consumer Protection Budget:
Personal Services ______^______..--._--____-_-_____________.$ Regular Operating Expenses --__._--_-_____..$ Travel .................................................I Motor Vehicle Equipment Purchases __,,___.___$ Publications and Printing ,__,,___..._..._________________.$ Equipment Purchases .._...--__------....------$ Computer Charges _______._____----.----_-.-..------__-$ Real Estate Rentals ...___.._..---.........-__..-$ Telecommunications ____________----__,,--__._____,,.,,$ Per Diem, Fees and Contracts ____._._____-__..___..$ Total Funds Budgeted ....._....-_.......____________ ___$ State Funds Budgeted ____.---__-_._..._._._.___.._$ Total Positions Budgeted

592,000 50,920 14,000 14,400 3,500
1,000 --0-- --0--
8,200 1,000 685,020 685,020
37

10. Consumer Protection Field Forces Budget:
Personal Services __________.__.,.--..___--.__.__.___.___.___.$ Regular Operating Expenses _________________________.$ Travel _______________________,,___________________________$ Motor Vehicle Equipment Purchases ._____.._._$ Publications and Printing ________________________________$ Equipment Purchases --_--_.----_.----,,__.--._----.$ Computer Charges ._----_----_----.__.--__---$ Real Estate Rentals _..._..,,_,,......_......,,_........$ Telecommunications ........_,,--..--.--,,_......._.....$ Per Diem, Fees and Contracts ......_.____________ $ Total Funds Budgeted ____._..._-__________________.$ State Funds Budgeted .._,.._._._.____._..___..___.$ Total Positions Budgeted

1,709,000 71,800 102,000 33,600 550 1,000
--0-- 7,500
19,000 --0-- 1,944,450 1,619,450
121

11. Meat Inspection Budget:
Personal Services ______________.-_._.....__...__...___.______,,$ Regular Operating Expenses ..___-_--...............Sf Travel __.._.___._.___._____.._....___.___..___._.____.._______.____. $ Motor Vehicle Equipment Purchases ___________ $ Publications and Printing _--_.-_--_--_-__--_.__-- $ Equipment Purchases _______._.--._._________________.___$ Computer Charges ----_..--.----_____.____________$ Real Estate Rentals ___.____-__.______-_.-____.____-__..___$ Telecommunications ----__-------------_-------_$ Per Diem, Fees and Contracts _._._-.,,.____.__ ? Total Funds Budgeted ____.-____________-_______..._____._$ State Funds Budgeted ______.______-______-._._....___-_.$ Total Positions Budgeted

2,000,000 38,560 156,000
--0-- 500 735
--0-- --0--
15,000 75,150 2,285,945 932,945
149

12. Fire Ant Control Budget:
Personal Services ___..._.........___-__.___._-.._____..._____.$ Regular Operating Expenses ______________.___.___.$ Travel ..._....____............_...._..._._..__._-.._______._______._._.$

80,000 --0--
15,000

MONDAY, MARCH 6, 1&78
Motor Vehicle Equipment Purchases --.,,,,___.$ Publications and Printing ..,,._.._._.,,..........__...__.$ Equipment Purchases ____________....-.-.__.____________...__$ Computer Charges --..._..._---..---_....._._..__..$ Real Estate Rentals _,,___.___________--.__________._______.$ Telecommunications ___.___,,_________----.__..,,._________.$ Per Diem, Fees and Contracts --------,,.,,.,,--$ Purchase of Bait and Airplane Contracts __ $ Total Funds Budgeted ........_............_.....,,.....$ State Funds Budgeted ___________.-_--________.._____._$ Total Positions Budgeted

2811
405,000 500,000 500,000
0

13. Georgia Agrirama Development Authority Budget:
Direct Payments to Georgia Agrirama Development Authority for Operations ..,,..._..................$
Total Funds Budgeted .....................,,...,,....-__.$ State Funds Budgeted _...._..,,.............._........$ Total Positions Budgeted

183,500 183,500 183,500
0

Budget Unit Object Classes:
Personal Services ........_.._,,._._....,,,,................$ Regular Operating Expenses ........................I Travel _......_.__.._..........._..._...___......._.........,,_. $ Motor Vehicle Equipment Purchases _...._.....$ Publications and Printing _,,__,,--.--_,,..______.___.$ Equipment Purchases --._,,--.--.._--....--....,,,, $ Computer Charges _._....._-.......--..-......-_....$ Real Estate Rentals ....-______,,__-.__----$ Telecommunications ..._.._......------------------$ Per Diem, Fees and Contracts ........................$ Purchase of Bait and
Airplane Contracts ................_.--_.--------.? 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 .__._._------,,----,,$ Direct Payments to Georgia
Agrirama Development Authority for Operations ....................-......--.--.......--I Total Positions Budgeted Passenger Carrying Motor Vehicles

12,504,642 1,561,268
746,500 218,600 329,750 99,835
87,156 13,000 199,500 142,700
405,000 289,658 479,820 697,000 375,000
220,000
265,000 150,000 35,000 195,000
183,500 952 197

Provided, that of the above appropriation relative to Regular Operating Expenses, $50,000 is designated

2812

JOURNAL OF THE SENATE,

and committed for livestock and poultry shows relating to research and promoting.

Provided, that of the above appropriation, up to $50,000 may be used (unmatched) for a study of alter nate methods of fire ant eradication, with emphasis on genetic research.

Provided, that of the above appropriation, up to $100,000 may be used to match Federal funds for a joint project to develop a pesticide for fire ant control.

Provided, that of the above appropriation relative to Contract with University of Georgia to Study Avian Disease, $15,000 is designated and committed to study the effect of aflatoxicosis on quail and other game birds.
B. Budget Unit: Georgia Agrirama Development Authority ....__...................._.....$

--0--

1. Georgia Agrirama Development Authority Budget:
Personal Services -..-....--.....-_-......._._...,,-$ Regular Operating Expenses --___.,,..,,_----_.$ Travel .^ ^ ............... ..^........^..................... $ Motor Vehicle Equipment Purchases ............$ Publications and Printing ............................ $ Equipment Purchases --_.-.._.._-...-_.-..----,,-- $ Computer Charges ........,,...--........_..----.-.,,,,.,,$ Real Estate Rentals __.._._..._,,_._.___.___..,,-.-$ Telecommunications ..._..................................$ Per Diem, Fees and Contracts .......--_,,.-$ Total Funds Budgeted __.._......._....---.--_....-$ State Funds Budgeted .__._____...___..,..____,,___________$ Total Positions Budgeted

361,277 69,850
4,200 --0--
10,000 2,090 --0-- --0--
3,800 11,660 462,877 --0--
48

Budget Unit Object Classes:
Personal Services ........--...._-.....-,,.--_----,,,,-$ Regular Operating Expenses ___.___.___...-___.._.._.$ Travel .______..______.___________.__._._._._...___..___._.___.......$ Motor Vehicle Equipment Purchases ___._.....$ Publications and Printing ______..._..__...___..___.___.$ Equipment Purchases __.____.-.-___.._..___._._.___._.---$ Computer Charges __.-_...___.___.__________.____.__..__..$ Real Estate Rentals ...._...--._....._.._..__--.,,_$ Telecommunications _._....-__._....___._______._____._...__..$ Per Diem, Fees and Contracts .._.._...._.....__..$ Total Positions Budgeted Passenger Carrying Motor Vehicles

361,277 69,850 4,200 --0-- 10,000 2,090 --0-- --0-- 3,800 11,660
48 4

MONDAY, MARCH 6, 1978

2813

Section 13. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance ..............._............._................_.4

2,130,840

1. Administration Budget:
Personal Services ______,,______________.___.._,,.,,._______.$ Regular Operating Expenses .----..------....--.$ Travel .___.__..--___..-__..__--..___._.._.$ Motor Vehicle Equipment Purchases ...........$ Publications and Printing ___.__.---.._____.,,_._____$ Equipment Purchases ----._--.------__--._.------$ Computer Charges ._,,__.........,,..,,........_...,,.....$ Real Estate Rentals -,,-.................-.....,,............$ Telecommunications --,,_--.._------...--.._.,,..--. $ Per Diem, Fees and Contracts ..-.--..,,,--.--.--.$ Total Funds Budgeted .........,,,,,,...........-_.........$ State Funds Budgeted ,,-......._-_-....._.--_,,._$ Total Positions Budgeted

462,890 37,640 9,000 --0-- 10,000 6,000
7,100 37,150 12,000
500 582,280 582,280
25

2. Examination Budget:
Personal Services _.,,__________._.__.______._____-___._._.____$ Regular Operating Expenses ----_____._...___--.$ Travel __.___.__...._.___.,,__..__..____....__.___.,,.,,_.__..___. $ Motor Vehicle Equipment Purchases --__.--,,.$ Publications and Printing ,,_.____--_,,,,___.--_.__.--.$ Equipment Purchases .--.......__.--..._._..._--..__.$ Computer Charges _....,,--..._.__.------,,,,----.._._.$ Real Estate Rentals _,,..__,,...--........_...._.._$ Telecommunications --._--..--_.--..--_._----..--_$ Per Diem, Fees and Contracts ..........__.__..$ Total Funds Budgeted _........,,_..-.-._--,,-._..$ State Funds Budgeted .........._-...........-_......$ Total Positions Budgeted

1,212,000 16,000 279,560
--0-- --0--
6,000 --0-- --0-- --0--
35,000 1,548,560 1,548,560
67

Budget Unit Object Classes:
Personal Services -___-____--_-.___._-._.___,,___-__._.__$ Regular Operating Expenses _......--......--......$ Travel .._,,.-..-..-.,,._...._....__.._.._._........_.--__.$ Motor Vehicle Equipment Purchases __.--.-- $ Publications and Printing .......-._,,..._-...........$ Equipment Purchases _.........._..........................$ Computer Charges _,,.._...__.._-.-..-.._..-........-_.$ Real Estate Rentals ......................--... $ Telecommunications _...----_-___..--.._._--.,,..-_ $ Per Diem, Fees and Contracts .,,.-_..,,.-..._..__ $ Total Positions Budgeted Passenger Carrying Motor Vehicles

1,674,890 53,640 288,560
--0-- 10,000 12,000 7,100 37,150 12,000 35,500 92 1

Section 14. Department of Community Affairs
A. Budget Unit: Department of Community Affairs ....._........_..______.__._______$

2,275,559

2814

JOURNAL OF THE SENATE,

1. Executive Office and Administrative Support:
Personal Services .--...._...._..-.._..___._,,.._......_.$ Regular Operating Expenses ......................i Travel .................. .......^.. ..........................$ Motor Vehicle Equipment Purchases _..:.._--.$ Publications and Printing ...._.........._,,-._..._.. $ Equipment Purchases .......................................$ Computer Charges ..___----_,,--__----___.._..___$ Real Estate Rentals _._...._._._....._.____--__.$ Telecommunications ..._--.._-__..,,..--_.-._...... $_ Per Diem, Pees and Contracts _......__............$ Total Funds Budgeted ............_......................$ State Funds Budgeted .................................. ^ Total Positions Budgeted

412,685 32,268 21,600 --0-- 3,600 3,700 --0-- 37,950 4,000 44,680 560,473 495,473
24

2. Area Development:
Personal Services .--....-....--.........._....-..........._..$ Regular Operating Expenses .....................^ Travel ...........__...._..._.....______.___.____........_. $ Motor Vehicle Equipment Purchases -._._.... $ Publications and Printing --...___-._____._.----.--. $ Equipment Purchases .....................................$ Computer Charges ..........................................^ Real Estate Rentals -..-_.._.......................^ Telecommunications --------_..........._.._.,,...._,,. $ Per Diem, Fees and Contracts ..--_____-.__--__.$ Grants to Area Planning and
Development Commissions ........................ ^ HUD 701 Planning Grants ........................$ Total Funds Budgeted ._......._._.._..,,...._......$ State Funds Budgeted .....................................^ Total Positions Budgeted

300,000 8,000 10,000
--0-- 2,400 330 5,000 6,000 9,000 600
1,350,000 750,000
2,441,330 1,549,289
15

3. Local Development:
Personal Services ...._,,--_. ........_..........--..__._..$ Regular Operating Expenses ....................... ^ Travel ......... ..............^..................................^ Motor Vehicle Equipment Purchases ,,,,_.......$ Publications and Printing ..............................^ Equipment Purchases ..,,_._._..._......_.._..........,,_$ Computer Charges _....._--._..._........___.._...$ Real Estate Rentals .._.__..,,............._.._..._. $ Telecommunications -_._._._.._.._._._.--._.. $ Per Diem, Fees and Contracts .......................$ Total Funds Budgeted .....................................^ State Funds Budgeted .._.._............_...._.._....$ Total Positions Budgeted

370,945 10,014 29,300
--0-- 6,200
--fr-- 1,500
--0-- 10,820 500
429,282 230,797
19

Budget Unit Object Classes:
Personal Services .............................................^ Regular Operating Expenses --_.--..___...... $

1,083,633 50,272

MONDAY, MARCH e, ms

2815

Travel .......__......__._._____..........___$ Motor Vehicle Equipment Purchases ----,,..-.$ Publications and Printing ._............_.......,,..$ Equipment Purchases ___...--__..__.,,._....._$ Computer Charges _._....__..._...-......_.._._..___.$ Real Estate Rentals __._.....-_-.---._......__..$ Telecommunications ...._........._.......__.._.._______$
Per Diem, Fees and Contracts ...__.._..__________$ Grants to Area Planning and
Development Commissions ,,_----_-___________$
HUD 701 Planning Grants ..............................I
Total Positions Budgeted
Passenger Carrying Motor Vehicles

60,900 --0--
12,200 4,030 6,500 43,950 23,820 45,780
1,350,000 750,000 58 1

B. Budget Unit: State Building Administrative Board -..,,,,_..__..._.--.--._..--.$

91,500

State Building Administrative Board Budget:
Personal Services -.-._.._._______.__._..______________.$ Regular Operating Expenses .--.._.___.__________.__.$ Travel _.______..___.._._.__..__....._._..__.__.$ Motor Vehicle Equipment Purchases ___________$ Publications and Printing ___.--.--..--...,,.________$ Equipment Purchases ---._-------------_--,,..__$ Computer Charges .-..............--....----_....._..._$ Real Estate Rentals .-......_...__..-.......................$ Telecommunications _.....--_--...____._.________..__$ Per Diem, Fees and Contracts _--.--_--..........$ Total Funds Budgeted ..-....._.......-_................$ State Funds Budgeted ..._.....,,-----....._..__...$ Total Positions Budgeted

76,000 2,000 5,000
--0-- 6,000
--0-- --0-- --0--
1,500 3,500 94,000 91,500
5

Budget Unit Object Classes:
Personal Services ...._._..._.-._.._.....-.._.._....,,..$ Regular Operating Expenses ....--_................$ Travel _.._.._........_...__._._._._-.._......_.._._._..$ Motor Vehicle Equipment Purchases ....,,......$ Publications and Printing .,,_.--............_......,,_.$ Equipment Purchases --.....--.---_-.--.__..-.....$ Computer Charges ....-._....,,._.._._..--_-..._-.$ Real Estate Rentals ....-.._..._..-.._.....-........._....$ Telecommunications __,,._...._,,._......_............,,_,,$ Per Diem, Fees and Contracts ........_............| Total Positions Budgeted Passenger Carrying Motor Vehicles

76,000 2,000 5,000
6,000
--0-- 1,500 3,500 5 0

C. Budget Unit: Indian Affairs Commission ----_--...._._..._.---_._._.,,...........$
Indian Affairs Commission Budget: Personal Services ............._,,_....-..._...,,._______.$ Regular Operating Expenses ................___.......$

67,487
66,521 2,315

2816

JOURNAL OF THE SENATE,

Travel ___...__._.._..............._.........._._._________._.___._.__-$
Motor Vehicle Equipment Purchases _._._._.--.$ Publications and Printing ........._.._........$ Equipment Purchases --,,.....----.-...._....._.___..--$ Computer Charges _._..._.._...._..._..__.___.___.___.__.....-$ Real Estate Rentals .......................................^ Telecommunications ..-.-...-.......................:....._.-$ Per Diem, Fees and Contracts -.......-...........$ Total Funds Budgeted ................................-$ State Funds Budgeted ................................-$ Total Positions Budgeted

3,000
--0-- 1,200 300
--0-- 4,182 2,200 9,818 89,536 67,487 4

Budget Unit Object Classes:
Personal Services _____._._._.....___....._.._._.__..___...- $ Regular Operating Expenses ____.._.__.._.....__...--$ Travel .,,._.._....._....._._._..__........_.._...._...._..--$ Motor Vehicle Equipment Purchases ,,_..___--$ Publications and Printing _____._._..._,,__..________.$ Equipment Purchases --_--.----____,,_,,,,--.....$ Computer Charges ......--.......--........................^ Real Estate Rentals .......................................4 Telecommunications .........................................^ Per Diem, Fees and Contracts ....................... i Total Positions Budgeted Passenger Carrying Motor Vehicles

66,521 2,315 3,000 --0-- 1,200
300 --0--
4,182 2,200 9,818
4 0

D. Budget Unit: State Crime Commission ...$ 592,665

1. State Crime Commission Planning and Grant Administration Budget:
Personal Services .............................................^ Regular Operating Expenses ....................--^ Travel _..___...-.._.__....____._____.__._____.._._.$ Motor Vehicle Equipment Purchases --.--.--.$ Publications and Printing ._._.______._____.____,,___$ Equipment Purchases ._...._...._..............--_--.$ Computer Charges _-_--_.___.........._..,,.__.__$ Real Estate Rentals ._,,_....._..,,_.._._........_..$ Telecommunications __._---._,,_..___.,,,,.._$ Per Diem, Fees and Contracts --..._...._._.._...$ Total Funds Budgeted ._...._..._,,,,........_,,.._..$ State Funds Budgeted _-._...._....,,_,,_........--.$ Total Positions Budgeted

598,189 33,048 21,116 --0-- 18,125 --0--
3,345 37,220 18,500 17,922 747,465 79,665
31

2. LEAA Grants Budget:
LEAA Juvenile Justice ......_...................._,,_$ LEAA Action Local ....-.._........__,,__...,,...__..$ LEAA Action State .....................................% LEAA State Buy-In ...................__...............$ State Agency Matching Fund Reserve .......$ LEAA Planning .-.........................._....................$ Total Funds Budgeted ..-......._._._._.._._._._...$

1,500,000 3,750,000 2,725,000
210,000 303,000 378,000 8,866,000

MONDAY, MARCH 6, 1978

2817

State Funds Budgeted _......_...._..._....___._._..$ Total Positions Budgeted

513,000 0

Budget Unit Object Classes:
Personal Services -..._____...._..........._.._..._..-.-_.....$ Poo-n'ar Operating Expenses ___._..._...____,,---$ Travel ___._..__..__.._.._____.,,.__.._.._.___._.._,,..._..$ Motor Vehicle Equipment Purchases ...,,.---- $ Publications and Printing .............................I Equipment Purchases ._....._..--...____._____--__._$ Computer Charges -.......--._..___...._--.._...___..$ Real Estate Rentals ._---.__.--._---..-.........$ Telecommunications --._.--.__----_..-.........._.. $ Per Diem, Fees and Contracts _.._.._..._.......$ LEAA Action Local __-______-.______..______________,,.$ LEAA Action State ,,_._________._____________.______$ LEAA State Buy-In ___,,_____.________________.$ State Agency Matching Fund Reserve .-_..$ LEAA Planning _.___________..__.._____________________$ LEAA Juvenile Justice ..--................-.-...--....? Total Positions Budgeted Passenger Carrying Mortor Vehicles

598,189 33,048 21,116 --0-- 18,125 --0-- 3,345 37,220 18,500 17,922 3,750,000 2,725,000 210,000 303,000 378,000 1,500,000
31 4

For general administrative cost of operating the State Crime Commission Office, including the State "buy-in" for Law Enforcement Assistance Agency grants to local governmental units.

Provided, further, that the State Crime Commission is authorized to reprogram surplus LEAA funds with prior approval by the Fiscal Affairs Subcommittees.

Section 15. Office of Comptroller General. Budget Unit: Office of Comptroller General __.$ 3,685,861

1. Internal Administration Budget:
Personal Services .............._.._.._.._.......,,.....$ Regular Operating Expenses --.....__..,,......$ Travel __.._.____._.___._.._...................$ Motor Vehicle Equipment Purchases ____..-.__.$ Publications and Printing .....___,,......__.._.___.$ Equipment Purchases .--__.._.___.-.________._.___.$ Computer Charges ......._....._.....____._--.__.$ Real Estate Rentals __,,.__.___._...__._....._.____._..$ Telecommunications ....--......_..._...,,.........._.__..$ Per Diem, Fees, and Contracts ....._--.........--...$ Total Funds Budgeted ....._.__........_...__.__......$ State Funds Budgeted _.............._.._._.._.....'.$ Total Positions Budgeted

327,630 57,902 9,000
13,000 5,000 419,432 419,432
19

2818

JOURNAL OF THE SENATE,

2. Insurance Regulation Budget:
Personal Services _.__._._...._._._________......__$ Regular Operating Expenses ._---------_.____.$ Travel __.._..---____.___.___.___._.______.__.__..___._____..._...___ $ Motor Vehicle Equipment Purchases ----_..-$ Publications and Printing ._.._....,,.,,._.....____.$ Equipment Purchases .._--_._...___....._ $ Computer Charges .._......._............_._._..$ Real Estate Rentals .......___..__.._..._....__.___.$ Telecommunications ~_--_..._._...___._...___.$ Per Diem, Fees and Contracts .._.._......._....$ Total Funds Budgeted ....-.___._.__._...---.-$ State Funds Budgeted _....._.._..._.._....._...._$ Total Positions Budgeted

615,500 40,260
7,000 --0--
27,000 1,248 34,400 --0-- 23,500 14,000 762,908 762,908
43

3. Industrial Loans Regulation Budget:
Personal Services ._..__.._._._._.....__....._$ Regular Operating Expenses ___.___.._------____.$ Travel ..._._.._._........._......_____._..__._......$ Motor Vehicle Equipment Purchases ----...._$ Publications and Printing ___________________.___...,____.$ Equipment Purchases ___.._.----__._--$ Computer Charges --.--._--_--.....--_.__$ Real Estate Rentals ..,,...__..__...........__._$ Telecommunications ........--_.._..__._...__._____$ Per Diem, Fees and Contracts -.._-..._.----.$ Total Funds Budgeted _.__......-..............--...$ State Funds Budgeted _____._.__...__.___.__..___.___..,,$ Total Positions Budgeted

255,700 20,120 12,000 4,500 2,400 --0-- --0-- -- 0-- 5,000 --0-- 299,720 299,720
15

4. Information and Enforcement Budget:
Personal Services _.._...._.__..._._----~__~$ Regular Operating Expenses __-.._.--._.._._-..$ Travel ..._..-______._.__.._---__...$ Motor Vehicle Equipment Purchases ___.,,_.___.$ Publications and Printing ......._.--..__--......$ Equipment Purchases ..__._.._..--.------...$ Computer Charges __._.._--._.___.___.....--..._.__,,$ Real Estate Rentals ..._.--..........-.-..----..$ Telecommunications ,,_._.__....--.__..--.-_.._$ Per Diem, Fees and Contracts _....._..--..._....$ Total Funds Budgeted --._.._......--_-_~.__.$ State Funds Budgeted ........__._._..._....,,....$ Total Positions Budgeted

541,580 29,260 15,000 4,500 3,850 3,640 --0-- -- 0-- 13,000 3,000 613,830 613,830
43

5. Fire Safety and Mobile Home Regulation Budget:
Personal Services ..._.....................--....-..,,...$ Regular Operating Expenses ........--.--.........$ Travel ......_.._._._._._._.._.-_.__....._...._..__.$ Motor Vehicle Equipment Purchases ............$ Publications and Printing --.-.-...-.-..._----_._--$

1,423,000 84,760 126,000 72,000 13,711

MONDAY, MARCH 6, 1&78

2819

Equipment Purchases _--___._____...__-...__________.__-$ Computer Charges ____...___.__.....___________$ Real Estate Rentals ..____.____._._...____.____.._.$ Telecommunications ....__.._--.._____....-,,__.$ Per Diem, Fees and Contracts ._---_.--._...__$ Total Funds Budgeted ....._.....___.........-...-._._.$ State Funds Budgeted ............................ ^ Total Positions Budgeted

5,000 --0-- --0-- 25,500 --0-- 1,749,971 1,589,971
104

Budget Unit Object Classes:
Personal Services _____.__...-_.-...________._____..,,_._____..$ Regular Operating Expenses _...--........_ $ Travel ... .._..__._......__________.____________...__._______ $ Motor Vehicle Equipment Purchases ______..$ Publications and Printing ____________________________.$ Equipment Purchases _.-----___..--.--_ ____________ $ Computer Charges _______________________________________ $ Real Estate Rentals ....................................$ Telecommunications . __..----.,,__,,_..._-..._,,_..... $ Per Diem, Fees and Contracts .._---. ....... $ Total Positions Budgeted Passenger Carrying Motor Vehicles

3,163,410 232,302 169,000
81,000 53,861
9,888 34,400 --0-- 80,000 22,000
224 57

Section 16. Department of Defense. Budget Unit: Department of Defense _.......___.$ 1,916,929

1. Administration and Support of State Militia Budget:
Personal Services __________________,,_.._________$ Regular Operating Expenses _...................__,,$ Travel _.._________________.__.._____.___$ Motor Vehicle Equipment Purchases _________ $ Publications and Printing _....._..._....___._ $ Equipment Purchases .........----._._.__._..__.$ Computer Charges _________._.._..._....______,$ Real Estate Rentals .__._...-_._..._.,,.________.___$ Telecommunications ______-------_..____------__ $ Per Diem, Fees and Contracts ______...--.______.$ Military Assistance to Safety and
Traffic Grant .,,_._._.--.__-__.._.__--.__....__$ Georgia Military Institute Grant ........._.__.__ $ Civil Air Patrol Contract ....-...-.......-_..___,,.,,_$ Total Funds Budgeted _..._....... .......,,__............. $ State Funds Budgeted ....................$ Total Positions Budgeted

581,145 72,644
5.250 --0--
25,500 4,247 --0-- --0-- 29,000 10,000
1,500 16,000 25,000 770,286 770,286
33

2. Civil Defense Budget:
Personal Services _.........._.-_..._._..--._....--.. $ Regular Operating Expenses _____----_..._,,_.$ Travel ................................................... $ Motor Vehicle Equipment Purchases _........ $ Publications and Printing .._.__.__......... $

552,432 57,100 20,700 --0-- 3,250

2820

JOURNAL OF THE SENATE,

Equipment Purchases ...__._...__,,,,----_____$ Computer Charges --__...__----.._._------._,,.$ Real Estate Rentals-------------------------- $ Telecommunications --------_----------_.-- $ Per Diem, Fees and Contracts ----_______ $ Total Funds Budgeted --------__._------------ $ State Funds Budgeted _____________ $ Total Positions Budgeted

--0-- --0-- --0--
20,700 15,000 669,182 344,992
33

3. Construction and Facilities Maintenance Budget:
Personal Services ----.------____-__--_------ $ Regular Operating Expenses .__.___------$ Travel --____--.--._.-_----,,.--.------___ $ Motor Vehicle Equipment Purchases ----_,, $ Publications and Printing ----------____----__ $ Equipment Purchases ----------------------,,._ $ Computer Charges ._----------___--...._.._.... $ Real Estate Rentals ___________--------. $ Telecommunications ------------_----.-------_.- $ Per Diem, Fees and Contracts ___...----------_$ Grants to National Guard Units __----------. $ Capital Outlay _--__.--.,,__----------___---- $ Total Funds Budgeted .._------____------.$ State Funds Budgeted --------__------------.$ Total Positions Budgeted

106,000 119,972
4,400 --0-- --0--
9,000 --0--- --0-- --0--
3,000 277,500 14,100 533,972 533,972
8

4. Disaster Preparedness and Recovery Budget:
Personal Services ___------------.------------_.$ Regular Operating Expenses -------------- $ Travel __----_.--.__----__--------_.---------------- $ Motor Vehicle Equipment Purchases ----_..__ $ Publications and Printing --__------------_-- $ Equipment Purchases __-----.------._----_-- $ Computer Charges ------------_... _....._ $ Real Estate Rentals .____--_----____-- $ Telecommunications --._---_._........--.--,,--.. $ Per Diem, Fees and Contracts _--._,,--___,,. $ Total Funds Budgeted _----.__--_____..____.$ State Funds Budgeted ,,__..,,--._.--------$ Total Positions Budgeted

145,595 6,781 24,650
--0-- 1,000
--0-- --0--
3,600 3,520 --0^ 185,146 --0--
9

6. Service Contracts Budget:
Personal Services ________--------_.----------.$ Regular Operating Expenses ......__.--.----$ Travel --------..----_------.__--._---------.$ Motor Vehicle Equipment Purchases --_._--$ Publications and Printing ----.,,__------.,,_._$ Equipment Purchases --..,,_----.,,___-__._-$ Computer Charges _-__._------_----,,-,,.$ Real Estate Rentals --________------.$ Telecommunications ._--__.._......._._.,,.._.$

1,425,398 1,255,376
3,500 --0-- --0-- --0-- --0-- --0--
900

MONDAY, MARCH 6, 1978

2821

Per Diem, Fees and Contracts ...._............$ Total Funds Budgeted ........._..___..__....._._.___$ State Funds Budgeted .........._..__._..................$ Total Positions Budgeted

--0-- 2,685,174
267,679 117

Budget Unit Object Classes:
Personal Services .........._..___________.____________..$ Regular Operating Expenses .....---..............^ Travel ..........................................................^ Motor Vehicle Equipment Purchases ------...$ Publications and Printing .._.._..___..__.__._._.__.._..$ Equipment Purchases -------.._.-_.___.___.____...-.-- $ Computer Charges _.,,...--.--..--...._..__..._,,---- $ Real Estate Rentals ..-..-.-...........-...._........--$ Telecommunications --.------._.._..__...._._._..$ Per Diem, Fees and Contracts ___.___. ..........-$ Military Assistance to
Safety and Traffic Grant ............__..........$ National Guard Units Grants ........................$ Georgia Military Institute Grant ............... i Civil Air Patrol Contract -_..___.___.___________...___$ Capital Outlay _.....,,.........-................................-$ Total Positions Budgeted Passenger Carrying Motor Vehicles

2,810,570 1,511,873
58,500 --0--
29,750 13,247 --0-- 3,600 54,120 28,000
1,500 277,500 16,000 25,000
14,100 200
20

Section 17. Economic Development Council of Georgia.
Budget Unit: Economic Development Council of Georgia .........................

50,000

Departmental Operations Budget:
Personal Services ........._.................._____._.$ Regular Operating Expenses ----------------$ Travel ..........__....._....................._..._...._._.._ $ Motor Vehicle Equipment Purchases _...--.-- $ Publications and Printing _........._..._.........$ Equipment Purchases _...---......_.___.___.__.._.._.$ Computer Charges ._.._............_.____....._..$ Real Estate Rentals ................__......__.._$ Telecommunications ............_....__.._......_....$ Per Diem, Fees and Contracts ----------..-..$ Total Funds Budgeted ............_.....-.._......_.$ State Funds Budgeted ..-......................-........$ Total Positions Budgeted

2,400 3',200 4,000 50,000 50,000
2

Budget Unit Object Classes:
Personal Services ......_..........._...................... ^ Regular Operating Expenses .......................^ Travel ............................____.......__............$ Motor Vehicle Equipment Purchases .......... $ Publications and Printing ...._._..........._,,.._.._$

36,000 2,800 1,600 --0-- --0--

2822

JOURNAL OF THE SENATE,

Equipment Purchases ..__..__.-_,,___.._.._____....$ Computer Charges ..........___--_....__--......--. $ Real Estate Rentals ___...._......................$ Telecommunications ._,,._..._._..._.._.._....... $ Per Diem, Fees and Contracts ....................... $ Total Positions Budgeted Passenger Carrying Motor Vehicles

Section 18. State Board of Education-- Department of Education.

A. Budget Unit: Department of Education ....._...._-.......--.--.-..--_$ 877,699,256

1. Instructional Services Budget:
Personal Services ........................................ $ Regular Operating Expenses .......................$ Travel .........____...................................... $ Motor Vehicle Equipment Purchases .._--.--.$ Publications and Printing ....___.___.____.___...___$ Equipment Purchases ...................--..-........--.$ Computer Charges ............_...........................if Real Estate Rentals ._............__......._--_.....$ Telecommunications ........._............--.......--....... $ Per Diem, Fees and Contracts .................... ^ Total Funds Budgeted .._.___._______.___.............-$ State Funds Budgeted ....................-...............$ Total Positions Budgeted

2,561,896 103,160 177,700 --0-- 83,390 3,410 --0-- 61,098 83,280
1,095,980 4,169,914 2,739,418
134

2. Governor's Honors Program Budget:
Personal Services ..........................................^ Regular Operating Expenses -.....--.....----...$ Travel _._._..._.....__.........................................^..$ Motor Vehicle Equipment Purchases ...........$ Publications and Printing ._.....................--...._$ Equipment Purchases ........................____._._._$ Computer Charges .-----------------------------$ Real Estate Rentals .......................................$ Telecommunications ....------.----..._..__.......---- $ Per Diem, Fees and Contracts ..................... $ Total Funds Budgeted ......._......------.--$ State Funds Budgeted ..........-.....-.....---..$ Total Positions Budgeted

222,614 49,620
3,500 --0--
4,000 2,000 --0-- 3,150 4,800 273,850 563,534 563,534
2

3. Vocational and Adult Education Budget:
Personal Services ....--.__........................... $ Regular Operating Expenses ...........--......... $ Travel ...__..................__..___..........._....._.......... $ Motor Vehicle Equipment Purchases __-- $ Publications and Printing ................._.............$ Equipment Purchases ....................--...--------$ Computer Charges __....__.._..................-$

2,006,134 158,810 162,400 --0-- 32,450 7,100 --0--

MONDAY, MARCH 6, 1978
Real Estate Rentals ---.--__..___........... ^ Telecommunications .,,..._................................$ Per Diem, Fees and Contracts .._.____._..___._.$ Utilities --.-------.-__...__.__..._..__..___._._._._ $ Total Funds Budgeted ..---.__.__......_._.___..__._._$ State Funds Budgeted _.______.___...____$ Total Positions Budgeted

2823
17,200 70,450 1,619,884
6,400 4,080,828 1,237,661
110

4. Media Services Budget:
Personal Services ____.--...______...._________.___......__.___$ Regular Operating Expenses ....................... ^ Travel ...... --..___..___.________________.__________......... $ Motor Vehicle Equipment Purchases ....----. $ Publications and Printing ............................. ^ Equipment Purchases ............--.....----_..__..$ Computer Charges ...................._......._...............$ Real Estate Rentals ...................................^. $ Telecommunications ......_._...-._.._......_._._..._._.,,.... $ Per Diem, Fees and Contracts ___._____._....._._$ Utilities _..---__...._.................___.___.__..___.___.___....$ Capital Outlay ...................................................^ Total Funds Budgeted .................................. $ State Funds Budgeted _..-......_.__.__$ Total Positions Budgeted

2,486,756 1,549,610
59,500 --0-- 124,200 159,610 --0--
5,050 57,970 209,190 261,280 8,000 4,921,166 4,285,149
180

5. Public Library Services Budget:
Personal Services -.-.._...............-.-.._--.......--.... $ Regular Operating Expenses .......................$ Travel ....................__.........................._........$ Motor Vehicle Equipment Purchases .._.._.$ Publications and Printing ..............._.............$ Equipment Purchases .__..._.--..----_--.,,--,,.__.$ Computer Charges ..........._.........__............. ^ Real Estate Rentals _.__,,_._...._--..._...._...__.$ Telecommunications .......--..--...._.,,....--..... $ Per Diem, Fees and Contracts ......_.......... $ Utilities ...................._.........._................_.$ Total Funds Budgeted ,,...__._________.__.,,__.$ State Funds Budgeted .._......................._......$ Total Positions Budgeted

591,370 265,551 18,011 --ft--
9,600 12,300 --0-- 67,830 40,385 44,050 9,840 1,058,937 682,824
49

6. State Administration Budget:
Personal Services ._.............._._....................._.$ Regular Operating Expenses ,,_........._.._..... $ Travel ........................ ........^................. .^ Motor Vehicle Equipment Purchases _._..._...$ Publications and Printing ...............................^ Equipment Purchases ........_......._..._..._..._._.___..._.$ Computer Charges --_...................................I Real Estate Rentals ............................... ...^ Telecommunications ..__............................ $ Per Diem, Fees and Contracts ..................... ^

826,203 77,635 35,575
5,500 20,300 10,750 --0-- 14,361 21,050 255,760

2824

JOURNAL OF THE SENATE,

Total Funds Budgeted ..__..,,_...._....___________.$ State Funds Budgeted ............_........................$ Total Positions Budgeted

1,267,134 991,154 38

7. Administrative Services Budget:
Personal Services ................__.________________.$ Regular Operating Expenses ..--............----$ Travel .............._____.._._..._...........___....... $ Motor Vehicle Equipment Purchases ..,,...--..$ Publications and Printing ._......................... ^ Equipment Purchases ............__..._...........$ Computer Charges __........_..........................$ Real Estate Rentals ................_......................$ Telecommunications _..._....----_--..._----_---- $ Per Diem, Fees and Contracts ___..._.--....--.$ Utilities .................................__................... ^ Total Funds Budgeted _......................_............$ Indirect DOAS Services Funding ............... $ State Funds Budgeted _.................................,,$ Total Positions Budgeted

3,755,965 385,613 212,520 15,000 184,935 13,980 670,626 63,711 90,329 74,400 25,060
5,492,139 130,000
3,205,276 244

8. Certification of Public School Personnel Budget:
Personal Services _.......................................-.....$ Regular Operating Expenses _.................-_..$ Travel .._........................._..-..--.........._..................$ Motor Vehicle Equipment Purchases ...._......$ Publications and Printing _._........-.-.............$ Equipment Purchases -......................................$ Computer Charges _--_..__......................^ Real Estate Rentals .................................-....$ Telecommunications ...._------._._.._.._._._----$ Per Diem, Fees and Contracts ......_..............$ Total Funds Budgeted ................___..........$ State Funds Budgeted ...................._....._.........$ Total Positions Budgeted

301,017 17,880 1,200 --0-- 6,760 --0-- --0-- --0-- 8,180
200 335,237 324,832
27

9. 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 _..........'......_.._......$

26,738,617
780,243 333,204

APEG Grants:
Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) ....................$ 387,480,674
Salaries of Instructional Personnel (Sec. 5) ......__.......................................I 54,281,703
Salaries of Student Supportive Personnel (See. 20 (a)) ......_...................._................$ 17,326,043

MONDAY, MARCH 6, 1978

2826

Salaries of Administrative and Supervisory Personnel (Sec. 21) ___-..._.___....__..______$
Pre-School Leadership Personnel (Sec. 21(c) (1)) ____..,,..____.._.__.__.___.__.$
Special Education Leadership Personnel (Sec. 21(c) (2)) ..__.,,_..__..,,.$
Instructional Media (Sec. 13) __,,_..._,,.____.$ Instructional Equipment (Sec. 14) _......_..$ Maintenance and Operation (Sec. 15) -.-$ Sick and Personal Leave (Sec. 16) ._,,__.$ Travel (Sec. 17) ....___________,._...__.___._______..,,$ Pupil Transportation--
Regular (Sec. 25) ..................................I Pupil Transportation--
Special (Sec. 25) .........._........_..._,,.._..$ Isolated Schools ..____.___.___._.._..___.__.._-__.._..$ Selective Pre-School Development _._.-_.$ Mid-Term Adjustment .._..-.....:.._...-....--...$

48,875,690
--0--
1,744,763 16,203,157
658,521 68,863',415 5,063,486
747,140
39,327,867
3,692,196 177,059
24,008,355 2,000,000

Non-APEG Grants:

Education of Children of Low-Income Families ----------___._..--_$ 64,854,814

Driver Education _._~.~----_.-----.__--__~__..$ Teacher Retirement _......_._._..........--.......$ Instructional Services for
the Handicapped ._.-...-....--..._.._.._.._..._ $

--0-- 51,945,219
6,024,735

Preparation of Professional Personnel in Education of Handicapped Children _.._.._.,,_....__._.._..........._.__.$

120,000

Educational Training Services for the Mentally Retarded -...._._..__.._..-...--....$
Tuition for the Multi-handicapped _._._--$ Severely Emotionally Disturbed .._,,.......$ Compensatory Education ._...__,,..._.....,,_.$

20,000 622,000 6,071,115 12,746,747

Guidance, Counseling and Testing ..... _____.$ School Library Resources

--0--

and Other Materials .___.._..____.._$ 3,703,157 School Lunch _._._._..._..._...__.._,,__._._$ 114,019,600

Supplementary Education Centers and Services --__._--_._____._._.$
Staff Development _..._.....,,_._......__......_.$ Supervision and Assessment of Students
and Beginning Teachers and

3,150,619 1,280,000

Performance Based Certification _,,_....$ 595,000

Cooperative Educational Service Agencies _._...__....._.___._._.$ 2,556,720

Superintendents' Salaries .._.._.._..----_-$ 3,500,154

High School Program .__...-.._._._,,_.._..$ 17,916,906

Area Vocational-Technical Schools _.,,-_- $ 34,569,023

Research and Development Utilization _....._--__.__._.._....._._..__-$

--0--

Junior College Vocational Program ....... $ 771,173

Quick Start Program ....__-..-.......---.$ 1,200,000

2826

JOURNAL OF THE SENATE,

Comprehensive Employment

and Training: ..._.._______..........-$ 2,724,107

Vocational Research and Curriculum ........$ --0--

Adult Education ................__.___........$ 2,934,602

Salaries and Travel of

Public Librarians ..................____.......? 3,218,460

Public Library Materials _-..............-.-.? 2,041,431

Talking Book Centers ......_...................... $ 496,000

Public Library Maintenance

and Operation ___.__.........._.............._.......$ 1,817,508

Public Library Construction ..................-.._.$ 1,250,000

Comprehensive Planning _.__...................4 520,000

Competency-Based High School

Graduation Requirements .........._.._...----.$ 250,000

Vocational Special Disadvantaged .....---- $ 516,632

Instructional Aides ....................................... ^ 7,066,407

Teacher Health Insurance ..........................^ 13,250,000

Regional ITV Projects .........................^ 100,000

Area Vocational Technical

School Construction ................................... $ 242,000

Total Funds Budgeted ................................ $1,060,396,262

State Funds Budgeted ..............................I 863,669,408

Total Positions Budgeted

0

Budget Unit Object Classes:
Personal Services ............................................. $ Regular Operating Expenses --......................^ Travel .............................................._................ $ Motor Vehicle Equipment Purchases - ....... $ Publications and Printing __,,,,,,_._...,,......_....$ Equipment Purchases ......_......................... ^ Computer Charges .............................................. Real Estate Rentals ...._............................-......$ Telecommunications ........--...............................^ Per Diem, Fees and Contracts ........................$ Utilities ........__..__...._......................._$ Capital Outlay .......__.._____.___________.___.__..___.$

12,751,955 2,607,879
670,406 20,500 465,635 209,150 670,626 232,400 376,444 3,573,314 302,580 8,000

APEG Grants:
Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) ____.___.$ 387,480,674
Salaries of Instructional Personnel (Sec. 5) ........................._..........$ 54,281,703
Salaries of Student Supportive Personnel (Sec. 20 (a)) ..................^ 17,326,043
Salaries of Administrative and Supervisory Personnel (Sec. 21) ....._......$ 48,875,690
Pre-School Leadership Personnel (Sec. 21(c) (1)) ___._______.___.__.$ --0--
Special Education Leadership Personnel (Sec. 21(c) (2)) ____._________$ 1,744,763
Instructional Media (Sec. 13) ...........,,_....$ 16,203,157 Instructional Equipment (Sec. 14) _....._.....$ 658,521

MONDAY, MARCH 6, 1978

2827

Maintenance and Operation (Sec. 15) ....$
Sick and Personal Leave (Sec. 16) ......_.___.$ Travel (Sec. 17) .__._..__.....______._._._....___$ Pupil Transportation--
Regular (Sec. 25) --..--.-_____._..-..__$ Pupil Transportation--
Special (Sec. 25) ---._____._.._.__.__$ Isolated Schools .........._....._................_......$ Selective Pre-SchooJ
Development ....._.............................. ..........$ Mid-Term Adjustment ....-.........._..._..--__...__.$

68,863,415 5,063,486
747,140
39,327,867
3,692,196 177,059
24,008,355 2,000,000

Non-APEG Grants:

Education of Children of Low-Income Families ....._....__.........._,,_....$ 64,854,814

Driver Education ___---------._,,_._.__,,._--.------$ --0-- Teacher Retirement _...__-......._..........-........ $ 51,945,219

Instructional Services for the Handicapped ___.___.__._____.___....._ ......._....$
Preparation of Professional Personnel in Education of Handicapped Children ..........---_....$
Educational Training Services for the Mentally Retarded .........._......_..$

6,024,735
120,000 20,000

Tuition for the Multi-handicapped _.._.._.. $ 622,000 Severely Emotionally Disturbed _......,,......$ 6,071,115 Compensatory Education ........_.._.._,,_..... $ 12,746,747

High School Program _._..__.____________..____.._.$ 17,916,906 Vocational Research and Curriculum ______$ --0-- Adult Education ................_.._._....._......_..... $ 2,934,602

Area Vocational Technical Schools ._______$ 34,569,023

Research and Development Utilization ... $ Junior College Vocational Program _.... $ Quick Start Program ____________________________.$ Comprehensive Employment
and Training ___._---,,_-___.______________---.._.- $ Guidance, Counseling and Testing .._._....._$

--0-- 771,173 1,200,000
2,724,107 --0---

School Library Resources and Other Materials .._...._.._.._-._--....$ 3,703,157

Salaries and Travel of Public Librarians ......_...._...._..._.............$ 3,218,460

Public Library Materials _..._..__.._...._..$ 2,041,431

Talking Book Centers _,,.__._.._______...._....$ 496,000

Public Library Maintenance and Operation .......__..._.__.._..,,_.._._....$ 1,817,508

Public Library Construction ..__,,.._.____....$ 1,250,000

School Lunch .._...._..._.__.-...-.........-...........$ 114,019,600

Supplementary Education Centers and Services _.._.._.._,,_.........._..$ 3,150,619

Staff Development ......_................._.........$ 1,280,000

Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification ........,,$

595,000

2828

JOURNAL OF THE SENATE,

Cooperative Educational Service Agencies _.__..__.,,.-._,,_,,_........$
Superintendents' Salaries _......._,,_,,,,.,,_...$ Comprehensive Planning __.._.._,,,,,,...--_..$ Competency-Based High School
Graduation Requirements _.._,,_--------$ Vocational Special Disadvantaged .._-$ Instructional Aides ____..__.________-_____-__,,__,,$ Teacher Health Insurance ...._.._._........._.$ Regional ITV Projects _.._____.____.__---$ Area Vocational Technical
School Construction -_..._________-___..,,-.--.$ 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 Passenger Carrying Motor Vehicles

2,556,720 3,500,154
520,000
250,000 516,632 7,066,407 13,250,000 100,000
242,000
26,738,617
780,243 333,204
784 17

B. Budget Unit: Institutions ___.__..______.-_.$ 10,291,954

1. Georgia Academy for the Blind Budget:
Personal Services ....__..___......_...-.....-.-.....$ Regular Operating Expenses --_.,,.----..----.$ Travel _._._.__......_.._..._.._._._........._.......-...$ Motor Vehicle Equipment Purchases ...._....,,$ Publications and Printing __,,._................,,. $ Equipment Purchases _.__..,,___.._,,__._..........$ Computer Charges .._--.._--_._._.._.--.--__.$ Real Estate Rentals .._._..__.._._.._............$ Telecommunications ........_._._.__,,------_.--_..$ Per Diem, Fees and Contracts _.._............,,....$ Utilities .._....___.______._......_...._...._..$ Capital Outlay ....__...._._.__.._.-......_.._.._.-....$ Total Funds Budgeted .._..._._...._................$ State Funds Budgeted .._._.__.._.._..........$ Total Positions Budgeted

1,535,059 182,184 2,300 --0-- 2,3'45 28,880 --0-- --0-- 11,059 4,600 115,000 12,000
1,893,427 1,642,626
152

2. Georgia School for the Deaf Budget:
Personal Services ___..._.._.._._...,,...._....$ Regular Operating Expenses ........,,...._..........$ Travel _._.....__._._.__..__..._..__.._.._......-._..? Motor Vehicle Equipment Purchases ....,,......$ Publications and Printing ,,_________.._.__.._..__.$ Equipment Purchases ._.__.._..._........_.._.-$ Computer Charges _..--._.___--_.--.--._......$ Real Estate Rentals ......_._.._........._.._,,....$ Telecommunications _-.....--._,,_-_----._..--.....$ Per Diem, Fees and Contracts ............_......_.$ Utilities __.._._______.._........_..__.--._$ Capital Outlay _..__..._...._...._.._.._.._.....$

2,801,435 643,874 6,320 64,000 --0-- 40,911 --0-- --0-- 12,000 4,000 144,370 966,816

MONDAY, MARCH 6, 1978

2828

Authority Lease Rentals ,,......--.....................$
Total Funds Budgeted ............................._$ State Funds Budgeted .................._...........,,...... Total Positions Budgeted

23,400
4,707,126 4,338,538
272

3. Atlanta Area School for the Deaf Budget:
Personal Services ....--________..________.____.$ Regular Operating Expenses ________.___._-$ Travel ....................___..........__.._............$ Motor Vehicle Equipment Purchases ____... $ Publications and Printing ___-__._____,,______.$ Equipment Purchases .........._.__________--.$ Computer Charges ............_.._._.___._._--.$ Real Estate Rentals ...................._................ ^ Telecommunications _._____,,______.________-.$ Per Diem, Fees and Contracts ___.._________.$ Utilities ..........................__________________$ Capital Outlay .....................................______.$ Total Funds Budgeted ....................................^ State Funds Budgeted ........._.._._______$ Total Positions Budgeted
4. North Georgia Vocational-Technical School Budget:
Personal Services _______________________ $ Regular Operating Expenses _--___.__..--.$ Travel _____________________________.________ $ Motor Vehicle Equipment Purchases _________ $ Publications and Printing ___.___.____________..-- $ Equipment Purchases ...._....._______.__$ Computer Charges .._..........._.__----...._$ Real Estate Rentals _________...__._....._ $ Telecommunications ..,,.._.______......__.._...$ Per Diem, Fees and Contracts ___________$ Utilities _____.-____.__.______._________.$ Capital Outlay __._..__..______.______.______$ Authority Lease Rentals _._.....-..........._...........$ Total Funds Budgeted __.__________________.$ State Funds Budgeted __________.________.$ Total Positions Budgeted

1,028,000 154,431 4,000 --0--1,500 10,410 --0----0-- 11,770 42,800 55,860 --0--
1,308,771 1,187,098
83
1,516,000 404,008 14,500 --0-- 5,250 61,000 --0--- --0-- 7,300 9,200 179,778 175,199 54,750
2,426,985 1,693,468
103

5. South Georgia Vocational-Technical School Budget:
Personal Services ___________.____.____,,____._ $ Regular Operating Expenses ..........-.............$ Travel ........_....................._________._..._._.$ Motor Vehicle Equipment Purchases ,,.........$ Publications and Printing -_.________._.,,___._..$ Equipment Purchases ... __.._._.___._..._...__.._._ $ Computer Charges ............._...-._...-............_.'$ Real Estate Rentals ......................_............. ^ Telecommunications __.__.._......_--..__._.__..--.$ Per Diem, Fees and Contracts __...._...........$

1,296,000 297,3'81 12,000
--0-- 3,360 54,195
--0-- --0--
8,150 4,110

2830

JOURNAL OF THE SENATE,

Utilities ....._.____._.___.__.______.__.___.$ Capital Outlay _..._._....._...._._...._.__.._..___$ Authority Lease Rentals _----_----__----. $ Total Funds Budgeted ___..__.___.__.._.....___.__.____..._$ State Funds Budgeted _------------------.$ Total Positions Budgeted

160,000 --0--
49,315 1,884,511 1,274,365
97

6. State Schools Administration Budget:
Personal Services --___----------------------____.$ Regular Operating Expenses --__--_----._--$ Travel _...._......_......._........_______________________________ $ Motor Vehicle Equipment Purchases ...........$ Publications and Printing ____._--_--____._______.$ Equipment Purchases ..........._------------$ Computer Charges ......_--------------_--_.---- $ Real Estate Rentals ----._----_----____.$ Telecommunications ---------------------- $ Per Diem, Fees and Contracts ----................I Utilities _------_..________----_------_----..----.$ Total Funds Budgeted _----._--------.-- ._..__ $ State Funds Budgeted _____------.------._------_$ Total Positions Budgeted

139,791 2,440 5,000
--0-- 900
--0-- --0-- --0--
1,400 30,000 --0-- 179,531 155,859
6

Budget Unit Object Classes:
Personal Services _--_____------__________ $ Regular Operating Expenses ___----_____$ Travel _..___----.______----__------___--._----.___.___.$ Motor Vehicle Equipment Purchases --__.... $ Publications and Printing _------____.--___. $ Equipment Purchases .------------_----..__.___. $ Computer Charges _--_--------_--_--------$ Real Estate Rentals _----------_------___$ Telecommunications _--------------_-------- $ Per Diem, Fees and Contracts .._._--_--------. $ Utilities __.--,,____________----_----_----_--------___.$ Capital Outlay --------.--------_----______..$ Authority Lease Rentals _____.----------._._$ Total Positions Budgeted Passenger Carrying Motor Vehicles

8,316,285 1,684,318
44,120 64,000 13,355 195,396 --0-- --0-- 51,679 94,710 655,008 1,154,015 127,465
713 61

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 contin uing 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 appli cable to such salary.

MONDAY, MARCH 6, 1978

2831

Provided, that of the above appropriation relative to compensatory Education, $12,746,747 is designated and committed for a compensatory education program for students in grades 2 through 6 and shall be used for remedial purposes only. Provided, further, that $10,246,747 of these funds shall be distributed on a parity formula based on the total average daily attendance in grades 2 through 6 while the remaining funds of $2,500,000 shall be distributed on the basis of the pro portion of students in each local system failing to achieve 10 or more of the objectives on the fourth grade criterion-referenced test in reading.

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 September 1 and who have the greater developmental needs. Provided, however, that such needs are assessed on the basis of tests specifically developed for use with children of pre-school age, measuring abilities and per ception, 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 programs, 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 aid for 24 students or major fraction thereof in average daily membership. Allot ments shall be based upon 1977-78 attendance data from the selected pre-school development program for contin uation of existing programs; additional allotments shall be based upon the proportion of the local system's first grade ADA to the total State first grade ADA, with un used allotments redistributed to local systems on the basis of need as determined by the State Board of Edu cation. Each instructional unit shall be funded on the basis of actual reimbursement for salary, retirement, and school lunch cost and $8,579 for operational cost incurred by continued units and $11,304 for operational
cast incurred by new units in pre-school development
programs. Operational cost shall 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 stu
dents, provided such additional students shall not be
used for the purpose of earning additional instructional
units.

2832

JOURNAL OF THE SENATE,

Provided, that independent school systems shall be eligible to participate in the "mini-buses" transpor tation 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 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.
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 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 Program of Education Act) shall be distributed to local systems based on 75 cents per child in average daily attendance.

Provided, that of the above appropriation relative to Public Library Construction Grants, $1,250,000 is designated and committed for public library construc tion and renovation.

Provided, that of the above appropriation relative to Travel (Section 32-617a of APEG), such funds shall be allocated to local systems based on 85 cents per student in average daily attendance.

MONDAY, MARCH 6, 1978

2833

Provided, that of the above appropriation, funds allocated for the purpose of renovating public school buildings and facilities shall be determined on the basis of policies and procedures to be developed by the State Board of Education, which shall include, but not be limited to, the following:

1. Only one single building project per local system shall be eligible for State funds in any one fiscal year.

2. No project shall be eligible if the estimated cost of construction exceeds 60 percent of the estimated cost of a new building to house the same programs.

3. No project shall be eligible unless it is to be utilized at or near capacity for the foreseeable future.

4. No project shall be eligible unless it compre hensively addresses all needed improvements to house the functions and educational programs within the facility.
5. A higher priority ranking shall be given to those projects which require a lesser percentage of construc tion cost for items which would otherwise be financed from maintenance and operation funds.

6. A local system shall be required to provide local funds in an amount to be determined by the State Board of Education's policies which reflect the local system's financial ability to participate.

It is the intent of this General Assembly that the allocation of General Obligation Bonds proceeds for the purpose of financing a school construction program
throughout the State of Georgia shall be determined on the basis of a formula to be promulgated by the State Board of Education, based on current increased average daily attendance, surveyed projected growth, consolidation, renovations, outstanding local effort of school systems, age and condition of existing school buildings, and such other criteria by the Board to insure that classroom need is the basis of distribution.

Provided, further, funds appropriated for Main tenance and Operation, Sick and Personal Leave and Instructional Media, for all Special Education Teachers, payments shall not be made until the allotted teaching unit has been filled.

Provided, that of the above appropriation for Com prehensive High School Program, $541,800 is designated and committed for vocational equipment.

2834

JOURNAL OP THE SENATE,

Provided, that of the above appropriation for instructional aides, funds shall be allocated on the basis of a half-time aide for each State-allotted first grade teacher and $50 for the training of each such aide; provided, further, that such funds shall be used to serve first grade students (or ungraded primary students composed of grades 1 through 3); provided, further, in extenuating circumstances, with prior ap proval of the State Superintendent of Schools, such earnings may be used in grades 2 and 3.

Provided, that of the above appropriation relative to the Educational Training Services for the Mentally Retarded Grant, $15,000 is designated and committed for the Bostwick Center in Bostwick, Georgia.

Provided, that of the above appropriation relative to Direct Grants to School Systems for Capital Outlay Purposes, $100,000 is designated and committed for planning grants for consolidated schools in Baker, Mitchell, Quitman and Stewart counties, and $56,000 for the Polk County School System.

It is the intent of this General Assembly that the additional Section 5 teaching personnel appropriated herein shall be allocated to all local units of admin istration on the basis of identified unserved excep tional student need. Need shall be determined by the number of children identified by local school districts as having met all requirements of State and Federal laws, rules and regulations for placement into classes for exceptional children. The fact that an eligible local unit of administration is currently meeting some por tion of its identified exceptional student needs via local supplemental funding shall not be a factor for con sideration in the State Board of Education's allocation formula. Furthermore, the Section 5 teaching units so allocated to an eligible local unit shall remain a part of that local unit's allotment until the end of the current school year in which allocated. Further, it is the intent of this General Assembly that the Special Education teaching personnel (Section 5) utilized in providing educational programs for intellectually gifted students in eligible local units of administration during FY 1978 shall not be diminished in FY 1979, unless there is clear indication that the student need for such a program in an eligible local unit of administration has declined.

Provided, that of the above appropriation for $1,280,000 for Staff Development, $100,000 is designated and committed to fund a State level staff development program specifically for Special Education Teachers (Section 5) utilized in programs for intellectually gifted

MONDAY, MARCH 6, 1978
students, and to assist in the development of a State program plan for gifted students by the State Superin tendent of Schools.

It is the intent of this General Assembly that local school systems have the authority to utilize increased maintenance and operation funds contained in this Ap propriations Act in such a fashion as to accomplish de facto funding of Section 12 of the Adequate Program for Education in Georgia.

Provided, that of the above appropriation for High School Program, $40,000 is designated and committed for renovation of the high school in Lincoln County.

Section 19. 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 ,,.,,__--_........................,, $ Computer Charges -..--...,,-.-----..___,,__........$ Telecommunications ,,,,--_--.--.--.____,,_._______--.$ Per Diem, Fees and Contracts ..,,,,.......,,.....$ 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 _....,,............,,_._.............$

Computer Charges -----,.______,,.-- -.____._,,._._.___$

Telecommunications .,,_._..._.._..,,,,.,,,,....._........ $

Per Diem, Fees and Contracts ....,,__..,,......?

Total Positions Budgeted

Passenger Carrying Motor Vehicles

Section 20. Office of Fair Employment Practices.
Budget Unit: Office of Fair Employment Practices ........_...

2835
--0--
430,000 42,900
5,000 --0--
12,000 3,200 133,603 7,700 325,000 959,403 --0--
28
430,000 42,900
5,000 --0--
12,000 3,200
133,603 7,700
325,000 28 1
196,309

2836

JOURNAL OF THE SENATE,

Office of Fair Employment Practices Budget:
Personal Services ..-.........---.------.....--------..I Regular Operating Expenses ____...--_--_--,,,, $ Travel ......_......___.____._.._._..__,,__._.................._.__$ Motor Vehicle Equipment Purchases ._-.--,,..$ Publications and Printing --.....,,-_._._--.--.-...._.$ Equipment Purchases --_.._----_..--.....--._..._.$ Computer Charges _..__._--.,,..--.--.--_----.--__.$ Real Estate Rentals _..-...._....-....-....._.._---.$ Telecommunications --.--.--.--.----,,--_------__ $ Per Diem, Fees and Contracts __......-_---_$ Total Funds Budgeted ,,.._...._....._..._......--....$ State Funds Budgeted _____._.__,,-........._.-__$ Total Positions Budgeted

189,323 10,470 11,000 --0--
2,100 4,350 --0-- 7,820 2,750 62,474 290,287 196,309
11

Budget Unit Object Classes:
Personal Services ......._._..-.....---.-_........-.-..$ Regular Operating Expenses ___.---_____-..._..___$ Travel ___...-.___________________________________._.___...,,....__. $ Motor Vehicle Equipment Purchases .._--......$ Publications and Printing ..._--,,__._.----. $ Equipment Purchases ______________________-_,,.__.$ Computer Charges ...--_,,._._--..,,------_....$ Real Estate Rentals ...._.._......_.....,,_..._--_$ Telecommunications --.--__.._----------------.$ Per Diem, Fees and Contracts ............_._.,,..$ Total Positions Budgeted Passenger Carrying Motor Vehicles

189,323 10,470 11,000 --0-- 2,100 4,350 --0-- 7,820 2,750 62,474
11 0

Section 21. Forest Research Council.
Budget Unit: Forest Research Council ...__...$
Forest Research Council Budget:
Personal Services _..._._.._._._......_.__._._..$ Regular Operating Expenses _~_.___-_...$ Travel ._.,,___-__--__.__--___.___._--~~_.___..$ Motor Vehicle Equipment Purchases __,,_-._$ Publications and Printing ____..____._________.$ Equipment Purchases ----_._..._.__----_._$ Computer Charges -__.,,.__._.._._.._......--.___.$ Real Estate Rentals ....._._..........._._.-...._$ Telecommunications --_--_..--_._----------$ Per Diem, Fees and Contracts .,,.....----_--._.$ Contractual Research __......._-....-_....._._.._.$ Total Funds Budgeted ..._...__---.___~$ State Funds Budgeted ..-.........._._-.._.___-.$ Total Positions Budgeted

593,560
111,200 23,360 4,000 --0-- 23,000
1,200
2,800
437,000 602,560 593,560
6

Budget Unit Object Classes:
Personal Services _._.__..--_.--_.---------$ Regular Operating Expenses --._._.--------$

111,200 23,360

MONDAY, MARCH 6, 1978
Travel ._._.__._....__._......._________._..____.___$ Motor Vehicle Equipment Purchases ,,__,,________$ Publications and Printing __--__________________________$ Equipment Purchases .--------_____________________ $ Computer Charges ___________--,,,,_,,__.__...__.___________$ Real Estate Rentals ________________,,_...__.____.___._________$ Telecommunications ............_...._...__,,_________$ Per Diem, Fees and Contracts ________._..........$ Contractual Research ___---_,,-,,_---_--_________.$ Total Positions Budgeted Passenger Carrying Motor Vehicles

2837
4,000 --0--- 23,000
1,200 --0-- --0--
2,800 --0-- 437,000
6 3

Section 22. Forestry Commission. Budget Unit: Forestry Commission ________________$ 12,405,640

1. Reforestation Budget:
Personal Services .____..__..-....__________._._____.__.$ Regular Operating Expenses _____________________ $ Travel __---________,,__.__--_______________._____________________._,,.$ Motor Vehicle Equipment Purchases .__________$ Publications and Printing _.,,_,,_---..--_.....___$ Equipment Purchases -------_._--------__..._...$ Computer Charges .__,,__________________________________$ Real Estate Rentals _______________________________.___$ Telecommunications -_-------______..--_--___,,__$ Per Diem, Fees and Contracts --_----,,----.--_$ Total Funds Budgeted ___,,___.._____________..__________._.$ State Funds Budgeted ___.____....___._____._._-________.__$ Total Positions Budgeted

515,600 269,600"
3,300 39,700
900 60,000 8,253 --0-- 8,500 41,045 946,898 334,870
30

2. Field Services Budget:
Personal Services ____.____________.-.______.._..._-__.__..__$ Regular Operating Expenses _____________________$ Travel _..______..._.___________________..._._______________________$ Motor Vehicle Equipment Purchases .______.____$ Publications and Printing ____________________________$ Equipment Purchases ........_._--.----__________$ Computer Charges _______________________________________-$ Real Estate Rentals .........___---..-..-__---._------$ Telecommunications ________.____-___,,____-_--__-_-____-__$ Per Diem, Fees and Contracts ___________________._$ Ware County Grant .______.___-_______.__.-__.___..._____._.$ Capital Outlay ..__..._..........._............_._.....__....$ Total Funds Budgeted _.........-........._-_.._.--$ State Funds Budgeted ...................................I Total Positions Budgeted

10,057,887 > 1,512,416
68,000 1,227,494
17,600 254,400 20,400
1,760 352,200 450,803 60,000 185,500 14,208,460 ll,558,460i
810

3. General Administration and Support Budget:
Personal Services ........_._....---_-_..._--.$ Regular Operating Expenses ____.._----__--_-__--$ Travel -_--_......--..---------------.-I

406,600 74,000 11,300

2838

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases _..._...__$
Publications and Printing .._._..._._.__.,,.._,,$ Equipment Purchases ...........__........_._...__.$
Computer Charges --.___.___..___._________.__...._.$ Real Estate Rentals _____._________________._____.__._..____,,$ Telecommunications --___--_--.___.--_._._________.$
Per Diem, Fees and Contracts .........._.._......_...$
Total Funds Budgeted ._...,,,,...---______._____..$ State Funds Budgeted ....-..-...-.-....-......-._.......$ Total Positions Budgeted

--0--
11,600 700
52,010 --0--
11,000
3,100
570,310< 512,310
22

Budget Unit Object Classes:
Personal Services --_-,,.-_--....--------._________.-.__$ Regular Operating Expenses --......._......._.._....$ Travel __-...--....-................-..,,...-......-..........._.....$ Motor Vehicle Equipment Purchases _______.___-$ Publications and Printing ..........................,,_.$ Equipment Purchases _______..-.---------____________,,$ Computer Charges ..___________.__-..-..-.__________.___.$ Real Estate Rentals .__..__.___.___.__...__________.$ Telecommunications ______.__________,,.--..______.____.._.$ Per Diem, Fees and Contracts ....... ._..........,,$ Ware County Grant ...._......_.............._...._.....$ Capital Outlay .....-...._._.._._..............................$ Total Positions Budgeted Passenger Carrying Motor Vehicles

10,980,087 1,856,016
82,600 1,267,194
30,100
315,100 80,663
1,760 371,700 494,948? 60,000
185,500
862 360

Provided, that to the extent that Federal Funds are realized in excess of the amounts of such funds contem plated in the Cooperative Forest Protection, Coopera tive Forest Management, Insect and Disease, Forest Incentive and Public Service Employment Programs in the Field Services Activity of this Act, the Office of Planning and Budget is authorized and directed to use the first $500,000 of such excess funds to supplant State Funds appropriated herein. Provided further that such supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project
grants.

Provided, that of the above appropriation relating to Capital Outlay, $185,500 is designated and committed for construction or replacement of a cold storage facility, county offices, shops and truck sheds.

Section 23. Georgia Bureau of Investigation.
Budget Unit: Georgia Bureau of Investigation ......................._............._...$

9,909,217

1. General Administration Budget:
Personal Services .................._...........___$ Regular Operating Expenses ,,_...---___..--_---$

396,000 29,925

MONDAY, MARCH 6, 1978

2839

Travel ..........................__--_--__.___........__........$ Motor Vehicle Equipment Purchases ____-..... $ Publications and Printing ...._..........._.,,_.,,.....$ Equipment Purchases __.,,...--_____...-.._---........$ Computer Charges ____..._ _.____________.______-.--..$ Real Estate Rentals ___-_---_..........-..-.-_.-....-._$ Telecommunications ----.-----.___.___._._____.... $ Per Diem, Fees and Contracts ....___....--..-.-.._. $ Total Funds Budgeted ........... ...... $ State Funds Budgeted .....................................^ Total Positions Budgeted

5,700 --0--
2,000 --0-- --0--
27,000 15,500 --0-- 476,125 476,125
25

2. Investigative Division Budget:

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

Regular Operating Expenses ____...--.._... ._.... $

Travel ___.------__..__.___.___. $

Motor Vehicle Equipment Purchases ... ..... $

Publications and Printing

. . ........ $

Equipment Purchases -__..... .._.____...._______.___.-- $

Computer Charges ................ _......_....... ............. $

Real Estate Rentals ......

____ ................ $

Telecommunications .._......___.......... ___...... $

Per Diem, Fees and Contracts .. .. ..... ..__._. $

Evidence Purchased . ......... ......................__..$

Total Funds Budgeted ................. ........... ... $

State Funds Budgeted -_... ............._...._..____.-- $

Total Positions Budgeted

3,553,600 436,452 265,800 227,100 24,800 17,700 3,000 72,000 120,000 30,000 178,500
4,928,952 4,512,952
186

3. Crime Laboratory Budget:
Personal Services .... ..---.._._....._....-- $ Regular Operating Expenses -_..................___... $ Travel .................._._................._.._____.........._..._. $ Motor Vehicle Equipment Purchases .._.___.... $ Publications and Printing ____.___.______________.___....$ Equipment Purchases ____........._...___-...............__ $ Computer Charges .... .......__.............._..._..-.-$ Real Estate Rentals ..... .-..-------. $ Telecommunications ..___.............._.._...._......... $ Per Diem, Fees and Contracts --..___---------$ Total Funds Budgeted .........___...-...........__-.--.. $ State Funds Budgeted ..... ....................__.. $ Total Positions Budgeted

1,392,000 246,000 17,000 30,000 3,300 184,000 192,200 25,000 29,000 --0--
2,118,500 2,009,600
79

4. Georgia Crime Information Center Budget:
Personal Services ..............__-_...........-_-_-....... $ Regular Operating Expenses ...............--.,,....$ Travel ........._...............-.-_-.-.........___-..-.....-.. $ Motor Vehicle Equipment Purchases ____._.--. $ Publications and Printing ....,,__._............_.__.....$ Equipment Purchases ..... ................. $ Computer Charges .__.............._...............__...... $ Real Estate Rentals ....__-..-._......-.....--.-- $

1,422,000 124,245 9,500 54,000 75,000 1,700
1,080,000 3,000

2840

JOURNAL OF THE SENATE,

Telecommunications ______________ Per Diem, Pees and Contracts Total Funds Budgeted ............... State Funds Budgeted ........... Total Positions Budgeted

279,900 3,200
3,052,545
2,910,540 103

Budget Unit Object Classes:
Personal Services ___.__________________________________________$ Regular Operating Expenses ___._..._.,,....,,_--.$ Travel ._.__.____________________________.__.__________$ Motor Vehicle Equipment Purchases ___________ if Publications and Printing _____....____ ___._______$ Equipment Purchases ____________________________________ $ Computer Charges _...__-......__.....--.._.---..$ Real Estate Rentals ........................................ ^ Telecommunications --_--------------_.._._,,---- $ Per Diem, Fees and Contracts ___.._____...___.__ $ Evidence Purchased -.,,-.-.-_.-_.-------_____-.--_.,,.$ Total Positions Budgeted Passenger Carrying Motor Vehicles

6,763,600 836,622 298,000 311,100 105,100 203,400
1,275,200
127,000 444,400
33,200 178,500
393 224

Provided that to the extent that Federal Funds are realized in excess of the amounts of such funds contem plated in the Investigative Division and Georgia Crime Information Center Activities of this Act, the Office of Planning and Budget is authorized and directed to use the first $500,000 of such excess funds to supplant State Funds appropriated herein. Provided further that such supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project
grants.

Section 24. Georgia Franchise Practices Commission.
Budget Unit: Georgia Franchise Practices Commission ___,,_,,.,,_

49,900

Georgia Franchise Practices Commission Budget:
Personal Services -_____..._,,._.._....--.-.............$ Regular Operating Expenses _______________,,----$ Travel ___._______,,_____._.___..-.__._-_________._______._______,,__- $ Motor Vehicle Equipment Purchases ____,,__--.$ Publications and Printing ......................... ^ Equipment Purchases ._-__--,,--__________.--___....----.$ Computer Charges _________________....................... $ Real Estate Rentals ...^.................................i Telecommunications ___.______________,,.--_---------- $ Per Diem, Fees and Contracts _----_-------- $ Total Funds Budgeted :__-----.-- $ State Funds Budgeted -,,_-...__,,.-.. ....___.__.-,,--$ Total Positions Budgeted

32,000 5,720
500 --0--
2,000 250
--0-- 2,730 1,700 5,000 49,900 49,900
2

MONDAY, MARCH 6, 1978
Budget Unit Object Classes:
Personal Services ......................._________,,___,, $ Regular Operating Expenses _._----___,,_,,_--__._ $ Travel .................................................................^ Motor Vehicle Equipment Purchases ,,_.._.___.$ Publications and Printing ...............................$ Equipment Purchases ......................................$ Computer Charges -_,,._.__.------_-_____ $ Real Estate Rentals ....................................^ Telecommunications ........................................ $ Per Diem, Fees and Contracts ,,,,----___ $ Total Positions Budgeted Passenger Carrying Motor Vehicles
Section 25. Georgia Financing and Investment Commission.
Budget Unit: Georgia State Financing and Investment Commission ___________,,__._.._.$
Departmental Operations Budget:
Personal Services __._.___.___.___._.-------- $ Regular Operating Expenses ---------------- $ Travel ____-_,,__._.__,,,,___._.___._________________.-_.______ $ Motor Vehicle Equipment Purchases .......... $ Publications and Printing .___-_,,___.__...__. $ Equipment Purchases ...............--.............-- ...$ Computer Charges -_._-___-_ $ Real Estate Rentals ___.. ________ _____________ _______ $ Telecommunications __________________---------------.$ Per Diem, Fees and Contracts ....................... ^ 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 .,,._..._.--....--_----_------.$ Computer Charges _-_____-____._____.---_--~_-__~ $ Real Estate Rentals -_...........-..................-...-.$ Telecommunications --.,,----_------------------ $ Per Diem, Fees and Contracts ..........,,.______$ Total Positions Budgeted Passenger Carrying Motor Vehicles
Provided, that unless there is Congressional au thorization for deepening the existing navigational channel in Brunswick Harbor into Brunswick River and the construction of a new navigation channel connecting

2841
32,000 5,720 500
--0-- 2,000 250
--0-- 2,730 1,700 5,000 2 0
--0--
660,000 53,300 6,000 --0-- 12,600 4,000 31,600 --0-- 15,000 20-3,000 985,500 --0--
33
660,000 53,300 6,000 --0-- 12,600 4,000 31,600 --0-- 15,000 203,000
33 0

2842

JOURNAL OF THE SENATE,

Brunswick River through the South Brunswick River to Colonel's Island via the South Brunswick River to a minimum depth of 32 feet prior to June 30, 1979, the Georgia State Financing and Investment Commission shall not sell these bonds and all funds appropriated for the Colonel's Island project and any revenues generated therefrom shall be returned to the State Treasury.

Section 26. Office of the Governor. A. Budget Unit: Governor's Office ..,,....................$ 3,271,904

1. Governor's Office Budget:
Cost of Operations ._..._.______.__________._.--_...__.$ Mansion Allowance _...__..._....--------_......_._...___.$ Governor's Emergency Fund --__..-._............$ Intern Stipends and Travel ,--,,_....................$ Total Funds Budgeted --_.--------_.__.__.__$ State Funds Budgeted ...._-.----_-..-.._.-...$

1,154,904 40,000
2,000,000 77,000
3,271,904 3,271,904

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.

Budget Unit Object Classes:
Cost of Operations ______________________________________ $ Mansion Allowance ____________--------------,,--$ Governor's Emergency Fund __._.__..--._..... $ Intern Stipends and Travel ........._................$ Passenger Carrying Motor Vehicles

1,154,904 40,000
2,000,000 77,000 1

B. Budget Unit: Office of Planning and Budget .-..-___.-......___.,,-._.,,.,,___..--.$ 3,935,148

1. General Administration and Support Budget:
Personal Services .,,.____.__..._..-..._....-...............$ Regular Operating Expenses ....._...._.._...,,,,,,$ Travel _.,,___,,,,._.__._____..,,..._...._._..._.._...,,$

282,000 21,800 12,000

MONDAY, MARCH 6, 1978

Motor Vehicle Equipment Purchases .__.__.___.$ Publications and Printing -----________________________$ Equipment Purchases -------------___.._____,,_.$ Computer Charges ........._..____._________________________$ Real Estate Rentals ....................... ^ Telecommunications ___--_--__-___________.____________$ Per Diem, Fees and Contracts .........,,..__...,,....$ Payments to Regional Commissions ___.________$ Total Funds Budgeted ,,--_-_______________________ $ State Funds Budgeted .................................... ^ Total Positions Budgeted

2. Council of the Arts Budget:

Personal Services ----_..--.................................I

Regular Operating Expenses __________________________ $

Travel ------

$

Motor Vehicle Equipment Purchases ..... $

Publications and Printing ..-.....____________.------_ $

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

Computer Charges ...........................................^

Real Estate Rentals ..............^ ......$

Telecommunications ............--.____--_________________ $

Per Diem, Fees and Contracts ....................... $

Art Grants ............................................... ^

Total Funds Budgeted .... .___._____.__...___._..___.__ $

State Funds Budgeted ..................... ..___--_._--.$

Total Positions Budgeted

2843
--0-- 23,000 4,000
--0-- --0--
7,000 40,500 143,583 533,883 533,883
15
89,000 10,230 3,900 --0-- 3,300 --0-- --0-- 13,525 5,300 7,000 1,031,705 1,163,960 710,700
5

3. Educational Development Budget:
Personal Services -______._______._-____.____.____..._______._ $ Regular Operating Expenses --..---.,,--._...--. $ Travel .........................-.-..-...._..-__..._._....-.......... $ Motor Vehicle Equipment Purchases --..._-_.$ Publications and Printing --..--....................._ $ Equipment Purchases ......._.__-_...-....-..-..............$ Computer Charges .,,--..--.--.....______________.....$ Real Estate Rentals ...................................^ Telecommunications --_----_------_--_----.._.$ Per Diem, Fees and Contracts ........................$ Total Funds Budgeted ...........................$ State Funds Budgeted ..-.................................$ Total Positions Budgeted

200,278 4,897 6,000
--0-- --0--
2,000 --0-- -- 0--
3,555 --0-- 216,730 201,730
9

4. Intergovernmental Relations Budget:

Personal Services ..................... ...._...,,.__....._ $

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

Travel

.......................................... .^

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

Publications and Printing ......_...._....,,,,__.._..$

Equipment Purchases ...................................$

Computer Charges ..................................... ^

Real Estate Rentals ........._..__...-......_._........_ $

Telecommunications -----_..,,--_._....__.......,,..__ $

157,300 7,220 14,000
--0-- 2,500
--0-- --0-- --0--
5,100

2844

JOURNAL OP THE SENATE,

Per Diem, Fees and Contracts ..--------------.$ Total Funds Budgeted ------------------------.$ State Funds Budgeted --------------------$ Total Positions Budgeted

800 186,92,0 186,920
8

5. Management Review Budget:

Personal Services ___.____________,,.,,._,,,,,,___,,_.__.__.$

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

Travel

..----.- ----- $

Motor Vehicle Equipment Purchases --------$

Publications and Printing ------_-------- _ $

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

Computer Charges --------------------------$

Real Estate Rentals _________-___------_--------.$

Telecommunications -_----------------------$

Per Diem, Fees and Contracts ----------...----$

Total Funds Budgeted ________--_--------------_.$

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

Total Positions Budgeted

432,115 17,998 7,600 --0-- --0-- 2,144 15,000 --0--
5,950 1,300 482,107 436,828
22

6. Human Development Budget:
Personal Services ------__-------- ..................$ Regular Operating Expenses --------_--_---- $ Travel ---------------------------------$ Motor Vehicle Equipment Purchases ........_..$ Publications and Printing -------- -- _------ $ Equipment Purchases ._._--_----------------$ Computer Charges ---------------------------$ Real Estate Rentals __..___________,,_....__-_____.______. $ Telecommunications ---------------_---,,_._--_..$ Per Diem, Fees and Contracts ------------$ Total Funds Budgeted ------------$ State Funds Budgeted .,,.._,,___,,,,._................... $ Total Positions Budgeted

7. Office of Consumer Affairs:

Personal Services .-...-...-...-.......,,.._..__.--.-..-- $

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

Travel

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

......... $

Motor Vehicle Equipment Purchases ------- $

Publications and Printing .....,,.........................$

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

Computer Charges -------------------------$

Real Estate Rentals ------------.---------$

Telecommunications ___.___________________.._.,,.--.,,--..$

Per Diem, Fees and Contracts .___,,_..-_............ $

Total Funds Budgeted ..............------------i

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

Total Positions Budgeted

8. State Energy Office Budget: Personal Services .----------------------------$

224,000 7,212 6,000
--0-- --0--
500 --0-- --0--
3,950 --0-- 241,662 221,662
10
731,040 52,552 14,000
--0-- 18,000 2,325 18,000 50,525 102,533 8,000 996,975 718,047 50
198,942

MONDAY, MARCH 6, 1978

Regular Operating Expenses --_--_._,,,,_..____-.$ Travel .-.-._,,._,,....._.._.............._...-..-.-.....--.,,,,. $ Motor Vehicle Equipment Purchases ___________ $ Publications and Printing .__.__,,_,,,,.._....,,..,,,,.$ Equipment Purchases ____,,________--_--_--._....----.$ Computer Charges --------__._------------------.$ Real Estate Rentals ............-__..._-__-__..-._,,-_-.$ Telecommunications _.--..-----,,_,,,, ___._______._,,_$ Per Diem, Fees and Contracts _......................$ Total Funds Budgeted ___.,,.................,,._____._____ $ State Funds Budgeted .............-,,--_-_............ $ Total Positions Budgeted

9. Governor's Committee on Post-Secondary Education Budget:

Personal Services .__._. .......................................I

Regular Operating Expenses --____,,_____,,,,-- $

Travel __.__._

$

Motor Vehicle Equipment Purchases ,,,,--__ $

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

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

Computer Charges .._---.-----._...------_--------.$

Real Estate Rentals ___.___.______.__._____-______-____,,_...$

Telecommunications --..----.--.----------------- $

Per Diem, Fees and Contracts ___.__...___._..._._._. $

Total Funds Budgeted ................................... $

State Funds Budgeted ---_----- $

Total Positions Budgeted

10. Facilities Management Budget:
Personal Services ___..._..,,.,,.___-._,,.__._..._.._,,__.$ Regular Operating Expenses ..--------..........$ Travel ._-_-__,,_____.__-__-..,,,,.__,,.-____..........,,_. $ Motor Vehicle Equipment Purchases --------$ Publications and Printing ...._.--,,_,,--.,,.,,_.--.$ Equipment Purchases -------------------------$ Computer Charges ,,------_._..-.._----------------$ Real Estate Rentals _________________.___.__-_.___.__-__.$ Telecommunications _______-_______,,--------_--------$ Per Diem, Fees and Contracts ---------_--,,--$ Total Funds Budgeted .-....-.-....---..---.._....... $ State Funds Budgeted .-...-..-_.__.-_--_.__-____$ Total Positions Budgeted

11. Physical and Economic Development Budget:
Personal Services .--.-..-.............---------------I Regular Operating Expenses .---------------- $ Travel .-.._....._._-._-..,,_,,,,...._._.._--_------$ Motor Vehicle Equipment Purchases ......,,.,, $ Publications and Printing ............................ $ Equipment Purchases ._----_-------------------. $ Computer Charges ,,.-__..._.,,..__-.--.--.--.$

2845
13,899 13,600 --0-- 11,000
700 --0-- --0--
13,000 76,600 327,741 183,000
12
87,000 5,760 3,150
--0-- 4,500 1,280 5,000 7,000 2,900 11,650
128,240 52,060
4
68,000 2,230 4,000 --0-- --0-- --0-- --0-- --0-- 2,100 --0-- 76,330 76,330
3
541,000 14,360 39,000
--0-- 10,000 4,000 10,000

2846

JOURNAL OF THE SENATE,

Real Estate Rentals __._._----.._..._...-_.$ Telecommunications ------------..--_._.__.....$ Per Diem, Fees and Contracts -.._-,,_________-..--.f Total Funds Budgeted .-._.-.-----...-..-.........-.__. $ State Funds Budgeted ......_.-.-._......._.-_____........$
Total Positions Budgeted

-- 0-- 14,000 69,000
701,360 263,360
28

12. General Government and Protection of Persons and Property Budget:
Personal Services __________.-.-._,,_____________..--_..$ Regular Operating Expenses --_--_,,_._,,..---- $ Travel ......... ........^.............. ........... $Motor Vehicle Equipment Purchases ____....$ Publications and Printing _,_____-__,,_______,,_____.$ Equipment Purchases ........._.--.--..--...._...-.--. $ Computer Charges ______________..........................J$ Real Estate Rentals _-__-..___----_,,___....__._.$ Telecommunications --______,,_,,--_----___,,__--_.. $ Per Diem, Fees and Contracts .-.--.._..._.----.$ Total Funds Budgeted ..................................... ^ State Funds Budgeted .................. _,,_._.. $ Total Positions Budgeted

268,949 6,269 7,300
--0-- --0--
900
4,750
288,168 263,168
12

13. Consumer's Utility Counsel Budget:
Personal Services .__........_._......................$ Regular Operating Expenses _.....................^ Travel ..._.-.-_,,_._........-,,,,._.__......_._....._..... $ Motor Vehicle Equipment Purchases ___.,,_ $ Publications and Printing .._,,._._........_.._.,,.._._$ Equipment Purchases .........,...................-...$ Computer Charges --_________-_--__--_.____$ Real Estate Rentals .,,...__...-......._..............$ Telecommunications _...__..__-,,__.__.........._.___,,. $ Per Diem, Fees and Contracts .....__.._._..._.... $ Total Funds Budgeted ........_.-..--.._--.........----$ State Funds Budgeted ...._..._-......._.,,.__....$ Total Positions Budgeted

205,260 15,100 6,000 --0--
600
500 --0--
8,000 5,000 15,000 255,460 87,460
13

Budget Unit Object Classes:
Personal Services ......-...._.___-............._........-.....$ Regular Operating Expenses ___________________ $ Travel .._...__........._........_._......._......._._....._..... $ Motor Vehicle Equipment Purchases .___--,,_ $ Publications and Printing _-_.....-._..._._..........$ Equipment Purchases --.----.--..--.--.---_,,_--.$ Computer Charges _....-._-._--_....-..-.._...-...._.-..$ Real Estate Rentals ..-._..._...._.._........._.__...$ Telecommunications ,,_--------_._.--_._._----.. $ Per Diem, Fees and Contracts _......_..._..._...$ Art Grants -.------.___._._..------_.__....--- ? Payments to Regional Commissions _-.__...... $ Total Positions Budgeted Passenger Carrying Motor Vehicles

3,484,884 179,527 136,550 --0-- 72,900 18,349 48,000 79,050 175,138 229,850
1,031,705 143,583 191 0

MONDAY, MARCH 6, 1978

2847

Section 27. 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 ............................................^ 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 28. Department of Human Resources. A. Budget Unit: Departmental Operations ............$ 128,925,508

1. General Administration andf Support Budget:
Personal Services ................................ $ Regular Operating Expenses _--_--__----_---.$ Travel ................................. $ Motor Vehicle Equipment Purchases ........... ^ Publications and Printing .......................... ^ Equipment Purchases ............................. .^ Computer Charges --___._________-_._-___-_____,,._____,, $ Real Estate Rentals .............................. ^ Telecommunications ........................................$ Per Diem, Fees and Contracts ........................i Utilities ......................................................^ Postage ....................................... $ Institutional Repairs and Maintenance ....--.$ Capital Outlay ........................................$ Total Funds Budgeted .............................. i Indirect DO AS Services Funding ....,,_.._......$ Agency Funds ...................................... ^ State Funds Budgeted ..r........................... ^ Total Positions Budgeted Passenger Carrying Motor Vehicles

5,561,160 623,555 142,400 --O1-- 46,155 4,990>
1,200,000 122,915 261,400 311,980 50,500 428,600 500,000 --0--
9,253,655 1,190,000 3,897,973 4,165,682
367 7

General Administration and Support Functional Budgets

Total Funds

State Funds Pos.

Commissioner's Office ..,,.__.--.--.._ $ 500,715

500,715 20

Volunteer Services .----------_,,---- $ 304,880

304,880 15

District Programs--

Director's Office __--..--,,- ...$ 312,130 $ 312,130 14

2848

JOURNAL OF THE SENATE,

Planning and Evaluation ________________$ Child Support Recovery ___._____._.._,,__.$ Contract Management ___________.____._..$ Public Relations and
Information ---_______________.________.__.___.$ Regional Building
Maintenance _--_---________________________$ Special Administrative
Services -----------_______._$ Administrative Policy,
Coordination and Direction ..............._....,,._.,,_.$ Personnel ----.--_____________.___$ Administrative Support Services ____.___._______________$ Systems Planning, Development and Training ___.___.$ Electronic Data Processing, Planning and Coordination .,,_.__$ Facilities Management _---_.-___.________$ Indirect Cost .-.__...._______....__________..__$ Undistributed _......----..-._.-......_...$ Total .................................................I

452,563 1,141,330
102,809
259,105
47,400
558,625
281,679 1,530,860
1,662,644
239,800
1,250,000 609,115 --0-- --0--
9,253,655

$ 452,563 24 $ 285,333 69 $ 102,809 5
$ 259,105 14
$ 47,400 0
$ 558,625 32
$ 281,679 10 $ 1,490,260 83
$ 1,447,644 64
$ 239,800 12
$ 50,000 0 $ 609,115 5 $ (2,776,376) 0 $ --0-- 0 $ 4,165,682 367

2. Financial Management Budget:
Personal Services _______________..._,,,,.._.______$ Regular Operating Expenses _______________________._$ Travel ________________________________--.__._.._._______._____$ Motor Vehicle Equipment Purchases ___________ $ Publications and Printing ______.._,,.__,,._._..._$ Equipment Purchases --_._____________________.$ Computer Charges ________________--._,,,,----_$ Real Estate Rentals --___...---_._._...__.,,...__..$ Telecommunications ._--_________________________________$ Per Diem, Fees and Contracts ._____-__.-_____-__.$ Utilities ___.___________________.___.___.___.__-._._._-__-._.___-_-_$ Postage ._._-_.,,,,.__._.,,..__.._..__________.___$ Total Funds Budgeted ___.___._______.___.___________.___._.$ Indirect DOAS Services Funding _________________.$ Agency Funds ___._,,________._______,,----------_-___.-_...,,_-$ State Funds Budgeted _____________.___.,,,,___? Total Positions Budgeted Passenger Carrying Motor Vehicles

3,117,600 97,920 107,470
--0--- 4,000 17,055
--0-- 43,740 800 126,000
--0-- --0-- 3,514,585 --0-- 1,448,624 2,065,961
216 0

Financial Management Functional Budgets

Budget Administration ___.___.________.__$

Accounting Services ___.._.._______..._.___$

Auditing Services ____-__.___________________.$

Indirect Cost ___________________.___...___.___._$

Undistributed ___________________________$

Total

__....__.__._.____._____________.$

Total Funds
468,955 1,727,630 1,318,000
--0-- --0-- 3,514,585

State Funds
$ 468,955 $ 1,727,630 $ 1,293,000 $ (1,423,624) $ --0-- $ 2,065,961

Pos.
23 132 61
0 0 216

MONDAY, MARCH 6, 1978

2849

3. Special Programs :
Personal Services --...__._--.,,.--.._--_._...._..$ Regular Operating Expenses ._.__...__,,,,_..$ Travel ___....._._,,.._._..____.,,___..________$ Motor Vehicle Equipment Purchases ___.._____. $ Publications and Printing _..,,___._.___,,._ $ Equipment Purchases ~_..~..--_._____,,......$ Computer Charges --__._._,,_.__,,_._____.___.,,______$ Real Estate Rentals .-_.._......._.__._......_._..$ Telecommunications -_.--_,,._.__,,...._._._._.. $ Per Diem, Fees and Contracts ___________________ $ Utilities __--_._._.._..._.__._..__...__.._,,..__._._.$ Postage .._......____.__.___-_.,,_______,,,,____$ Grant to Parent-Child Center _______._______________$ Total Funds Budgeted -_-.__-____-________..__ $ Indirect DO AS Services Funding ............,,_$ Agency Funds ._._-.._._.._......_.____________________ ^ State Funds Budgeted ._____--____--..____._,,____$ Total Positions Budgeted Passenger Carrying Motor Vehicles

3,565,625 103,845 194,200
--0--- 23,480 9,350
--0-- 214,185
53,265 3,349,090
800
4,400 11,000 7,529,240 --0-- 5,515,828 2,013,412,
225 4

Special Programs Functional Budgets

Office of Regulatory Management ............._......._........_.$
State Economic Opportunity Office .__._.__. ?
Mental Health/Mental Retardation Advisory Council ___._____-_____________-__$
Council on Family Planning ,,____ $ Council on Aging __________.__________$ Special Projects _______________$ Developmental Disabilities ..._........$ Council on Maternal
and Infant Health ___.._.._.._._....___$
Appalachian Health and Child Development .._______...__.$
State Health Planning and Development Agency ..'..__,, $
Undistributed _,,.-........._....-._,,.....? Total ______..._____..-____....____.-____.--___$

Total Funds
2,828,835
3,287,365
62,950 88,155 57,580 111,000 194,440
103,800
256,730
538,385 --0--
7,529,240

State Funds
$ 1,258,085 $ 109,513

$ 62,950

?

8,816

$ 57,580

$ 111,000

$ --0--

$ 103,800

$ 64,183

$ 237,485 $ --0-- $ 2,013,412

Pos.
155
17
2 5 3 0 4
5
11
23 0 225

4. Physical Health--Program Direction and Support Budget:
Personal Services _________..,,__--,,_-__-_.,,-__-_.___ $ Regular Operating Expenses _--_..._--~_._~. j Travel __...._._....__....,,......._.._...__..._......_.. $ Motor Vehicle Equipment Purchases -._____.-- $ Publications and Printing ____.______-.________,,____-_.$ Equipment Purchases ..,,--,,,,.--.--_._--.....--._.. $ Computer Charges --.__--._._----.._..._...._._--..$

1,564,960 112,050 60,000 --0-- 46,700 2,130 --0--

2850

JOURNAL OF THE SENATE,

Real Estate Rentals ......................................... ^ Telecommunications -___________________________________ $ Per Diem, Fees and Contracts ________________ $ Utilities ._-..----__-..___..______---_____________.___________. $ Postage __________________________________________________$ Total Funds Budgeted --_-___.___---..._ $ Indirect DOAS Services Funding ..__.__..._ $ Agency Funds _---___---------_-__,,____-------___,, $ State Funds Budgeted _______.________________,,__.___._ $ Total Positions Budgeted Passenger Carrying Motor Vehicles

11,800 175,000 40,360 --0--
5,000 2,018,000
175,000 335,000 1,508,000
108 1

Physical Health--Program Direction and Support Functional Budgets

Director's Office ................$ Employee's Health .__.._______-__._______$ Office of Professional Services _. $ Health Program Management _____ $ Vital Records .................... $ Health Services Research _ ___ __ $ Undistributed ---_______.--____-_$ Total .................................. ^

Total Funds
408,380 215,810 408,410 155,600 605,980 223,820
--0-- 2,018,000

State Funds
$ 233,380 $ 132,810 $ 235,610 $ 145,400 $ 605,980 $ 154,820 $ --0-- $ 1,508,000

Pos.
7 10 20 10 48 13 0 108

5. Physical Health--Family Health Budget:
Personal Services ....................... .^....... $ Regular Operating Expenses ______________ _________ $ Travel _____________.____.__.____-____-__.__._____-___-__.._.__ $ Motor Vehicle Equipment Purchases ..________.$ Publications and Printing --_______.._____----________ $ Equipment Purchases ____________.__________________._$ Computer Charges ___.______-_-_______,,___.____.__-___.___.$ Real Estate Rentals ___.._______-___.......___.._-___..___.__ $ Telecommunications ___-______-__-________,,_-,,--_--_____- $ Per Diem, Fees and Contracts _______.____-__.____-_.$ Utilities .___-_-_____-______-_____.,,-_-_-_____-._---_.,,_-__$ Postage _______________________________________.__.________._______$ 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 __________________.._-____-__.____.__.__.$ Grant to Grady Hospital for Cystic Fibrosis Program ________________.__.,,______$ Contract with Emory University for Arthritis Research -_____.___..__-______.___..___$

3,291,615 1,040,850
108,950 --0--
95,600 10,335 140,000 260,475 49,300 5,169,700 --0-- 10,390
2,989,000 3,951,000
450,000 1,600,000
100,000 175,000
25,000
40,000
159,625

MONDAY, MARCH 6, 1978

2851

Family Planning Benefits -........--.................I Contract with Georgia Tech
for Cancer Research __...__..___.._____.___..___.___.___ $ Total Funds Budgeted _...-......-._...._...___.._._.$ Indirect DOAS Services Funding ._---.-----. $ Agency Funds .__..._-..._....-..._......-.__...__.____...__.__$ State Funds Budgeted ---._..................._. f Total Positions Budgeted Passenger Carrying Motor Vehicles

226,530
50,000 19,943,370
--0-- 9,281,887 10,661,483
224 8

Physical Health--Family Health Functional Budgets

Total Funds
Family Health Management ......... $ 4,952,780 Birth Defects _............._._.$ 6,223,275 Maternal Health-_------..--.--$ 360,325 Infant and Child Health .............. $ 3,558,275 Chronic Disease ....... ............... $ 3,479,585 Malnutrition _................._._......._....._$ 308,460 Family Planning ............................ $ 886,700 Dental Health ............................ ...... $ 173,970 Undistributed --------_----$ --0-- Total ..-..-_..__...--_..-._...__..._-..,-._..._.? 19,943,370

State Funds
$ 40,000 $ 3,511,603 $ 283,380 $ 3,475,275 $ 3,088,585 $ --0-- $ 88,670 $ 173,970 $ --0-- $10,661,483

Pos.
10 120
7 17 41 6 17 6 0 224

6. Physical Health--Community Health Budget:
Personal Services ................. .__....__._....__..$ Regular Operating Expenses .,,--..--... ..,,__.$ Travel ....___..____.____.__._..____............_$ Motor Vehicle Equipment Purchases ,,..--.-- $ Publications and Printing ............_...,,....,,.... $ Equipment Purchases .......--.... .......--_..__....... $ Computer Charges .._...._........._..............._..........$ Real Estate Rentals ....-......._...-.....--...-......-.-$ Telecommunications -.__-._-..-_---.---.--.._.._..--._ $ Per Diem, Fees and Contracts .....,...._.........__$ Utilities .....-.._..---_.......--.-....-..._.--....-.....--..-... $ Postage ........._,,........_....._.-..--.--..._.._...--_..$ Facilities Construction Grants ------_._--..-__.$ Total Funds Budgeted .........._______._.___________.$ Indirect DOAS Services Funding ...... .,,..._ $ Agency Funds ._..-._.-.-.-....-._...-..._....._........_-. $ State Funds Budgeted ._._...--....-....,,...-........ $ Total Positions Budgeted Passenger Carrying Motor Vehicles

4,414,230 1,130,495
121,840 --0--
49,305 51,570 18,540 40,055 20,075 528,070 --0-- 12,800
--0-- 6,386,980
--0-- 965,280 5,421,700
294 6

Physical Health--Community Health Functional Budgets

Community Health Management.. $
Environmental Health-- Director's Office _..__....-...--..--$

Total Funds 215,195
223,650

State Funds Pos. 215,195 10
223,650 9

2852

JOURNAL OF THE SENATE,

General Sanitation ............_...,,.._$ 145,710 Institutional Health ...._,...,,...._...-$ 119,685 Radiological Health ._..._._,,.-._...$ 271,890 Occupational Health ..........._......._ $ 112,610 Land Use ......-..__......_..._..._.........$ 139,420
Epidemiology __-....__........_.._._.......$ 578,620 Immunization -...-....,,.-..,,...._...._.._.$ 266,080 Venereal Disease ._-....-._-...-..-..$ 162,540 Tuberculosis Control ._......_........_.... $ 785,780 Laboratory Services ..._....._..._....._$ 2,492,715 Emergency Health............._............. $ 873,085 Undistributed -_-_._-...--._--__--..--_? --0-- Total .._.._.._.._......_..._....._..._.__._..$ 6,386,980

$ 145,710 7 $ 119,685 6 $ 271,800 13 $ 112,610 6 $ 139,420 7
$ 578,620 5 $ --0-- 20 $ 162,540 7 $ 608,780 28 $ 2,316,515 148 $ 527,085 28 $ --0-- 0 $ 5,421,700 2,94

7. Physical Health--Local Services Budget:
Personal Services ..........................................I Regular Operating Expenses --..__-----.--.._-- $ Travel .....__..._.-..._...._....-.....__.._...._........... $ Motor Vehicle Equipment Purchases --_..--_ $ Publications and Printing _......................--...$ Equipment Purchases .._...,,........,,...._........__...$ Computer Charges --.__-.._---,,--.--.----.--------. $ Real Estate Rentals ..-........._-.._-..-.._----.-- $ Telecommunications _.__.-___-._--..--.-.---._--......_... $ Per Diem, Fees and Contracts _...__......_.._...._..$ Utilities _..,,.._......................-.-........._...-.._...-,,-... $ Postage .__.._..._._.___...-.._...._.._..-..-_.-..-.--- $ 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 DO AS Services Funding _.._...._.....$ Agency Funds __...__...._.....-_._..._.._...-.-.._....$ State Funds Budgeted ..-.....,,_.-....-..-..-_.-......... $ Total Positions Budgeted

8,219,090 464,315 442,745 --0-- 4,800 23,090 --0-- 75,080 85,290
3,046,010 --0-- 17,280 96,000
3,451,480
106,646
102,464 27,167,375 43,301,665
60,000 23,542,345 19,699,320
553

Physicial Health--Local Services Functional Budgets

Total Funds
Minimum Foundation ._.--._.--..--.$ 5,321,215 Grant-In-Aid to Counties .-...._........$ 12,064,145 Stroke and Heart
Attack Prevention ....................... $ 713,945 Family Planning _____,,_._....._....._.? 4,335,630 Sickle Cell, Vision
and Hearing ....,,................._..._.$ 254,965

State Funds Pos. 5,099,750 245 9,039,985 0
515,445 26 386,800 186
$ 254,965 16

MONDAY, MARCH 6, 1978

2853

Sexually Transmitted Diseases ._..__._____$ 376,440
High Risk Pregnant Women
and Their Infants ....... $ 3,626,425 Newborn Follow-Up Care ..............i -180,390 District Dental .._............. . ... $ 581,420 Comprehensive Maternal
and Infant Care Project .. ....... $ 260,000 Mental Retardation Projects ....... $ 209,110 Malnutrition ......_.._..................._....... $ 15,377,980 Undistributed ....... .....................__.... $ --0-- Total -------....__...._...._----.....--.$ 43,301,665

$ 43,340 15
$ 3,597,225 19 $ 180,390 12 $ 581,420 18
$ --0-- 9 $ --0-- 0 $ --0-- 7 $ --0-- 0 $ 19,699,320 553

8. Mental Health--Program Direction and Support Budget:
Personal Services _. ..._..._.----__________$ Regular Operating Expenses ......................_....$ Travel---------------------- __ .......----..._--$ Motor Vehicle Equipment Purchases ...---- $ Publications and Printing ........._.._.............._. $ Equipment Purchases ___.----____.___,,_.$ Computer Charges .........._-....----._.._.--....._.$ Real Estate Rentals .._.___._......----.____..__$ Telecommunications .......___________________ $ Per Diem, Fees and Contracts ......_....--------.$ Utilities ....____.....--____--.----______....$ Postage ----....._.__... .--..----.......------------...$ Total Funds Budgeted ._.........----,,......------ $ Indirect DOAS Services Funding _.--..__.,,___.$ Agency Funds ........----_------____...------.$ State Funds Budgeted .........__..,,.......--..--_... $ Total Positions Budgeted

2,211,859 1,01,790 90,400 --0-- 27,600 1,700 631,000 87,545 95,300 432,000 1,500 2,500
3,683,194 625,000 775,458
2,282,736 140

9. Title XX Administration:
Personal Services ....... ....................................^ Regular Operating Expenses --------------$ Travel ................_......_--..----.__........_--_..... $ Motor Vehicle Equipment Purchases _..........$ Publications and Printing --_...._......----._...... $ Equipment Purchases ----------.--.--------..$ Computer Charges .._._.-.--..------...-.----...._.? Real Estate Rentals ....----..--.------_----_.--.$ Telecommunications ........--..,,.._....._...._.__._.$ Per Diem, Fees and Contracts .__.__..........----.? Utilities -._....._._-......-_.._...-_..--..._.__...._..._.$ Postage .......................____......----.--.__... $ Total Funds Budgeted .......................--.----. $ Agency Funds ,,................------___....--------.$ Indirect DOAS Services Funding _......__...$ State Funds Budgeted ._.....__..................__... $ Total Positions Budgeted

2,065,505 110,2:60 130,000 --0-- 46,000 1,200 450,000 151,400 66,400
22,522,400 --0-- 1,500
25,544,665 22,657,432
112,500 2,774,733
13:6

2854

JOURNAL OF THE SENATE,

Title XX Administration Functional Budgets

Total Funds
Administration .___._____..__.___.._.._______ $ 1,465,430 Contract Management ...._...-._--_.....$ 1,715,835 Day Care ..................___........_....._...... $ 15,002,758 Foster Care for Children ............... $ 101,937 Chore/Homemaker ...._......_.._._,,_.-_.$ 1,410,868 Adult Day Care ......... ...........$ 678,975 Home Delivered and
Congregate Meals ....... ............... $ 1,125,366 Home Management ...................._..$ 1,475,884 Outreach ___...-..._.___..__.._._...___._..__......_.$ 418,579 Transportation ........................ i 1,193,369 Information and Referral ........ $ 324,336 Health Related ............... ^ 206,328 Social Security
and Minimum Wage .................. $ 425,000 Undistributed ..................................$ --0-- Total .__.-.....----------.-$ 25,544,665

State Funds
$ 147,201 $ --0-- $ 1,454,488 $ --0-- $ 176,359 $ 84,872
$ 140,671 $ 184,486 $ 50,532 $ 70,582 $ 40,542 $ --0--
$ 425,000 $ --0-- $ 2,774,733

Pos.
48 83 0
0 0 0
0 0 0 0 0 0
0 0 131

10. Purchase of Social Services:
Personal Services ............................................. ^ Regular Operating Expenses ........................ ^ Travel .....................--._..-.-..-..._....._................... $ Motor Vehicle Equipment Purchases .,,--..-- $ Publications and Printing ......_....................... $ Equipment Purchases ...--................-..--....... $ Computer Charges .--_,,..------_......__......----.$ Real Estate Rentals ..................................... ^ Telecommunications ._--_----..--..--.......----_.. $ Per Diem, Fees and Contracts ..................._. $ Utilities ._......-_..-.-_._..-._.--__......_.--........._ $ Postage .--.....-..--.------....------...........--.--.----. $ W.I.N. Benefits ....................................^ Grants to Fulton County for 24-
hour Emergency Social Services ........--._. $ Benefits for Child Care _......._.__................. $ Chatham County Homemaker Project __._... $ Fulton County Homemaker Project .............. $ Total Funds Budgeted _--......__._.__......--..$ Agency Funds ........--....-...--...-.........--........I State Funds Budgeted ............................. ^ Total Positions Budgeted

--0-- --0--
--0--
--0-- --0-- 250,000 --0-- --0-- 900,000
130,000 8,914,264
366,330 205,735 10,766,329 6,146,909 4,619,420
0

Purchase of Social Services Functional Budgets

Chatham County Homemaker Project _._......_.._..$
Fulton County Homemaker Project _......_........$
Work Incentive Benefits .._.........-- $

Total Funds
366,330
205,735 900,000

State Funds Pos.

--0--

0

0
90,000 0

MONDAY, MARCH 6, 1978

2855

Grants to Fulton County

for 24-hour Emergency

Social Services -,,----.._..._..._$ 130,000 $ 130,000 0

Legal Services ................__............ $ 250,000 $ 62,500 0

AFDC--Family Foster Care .._._.$ .3,111,780 $ 1,112,957 0

AFDC--Institutional

Foster Care ..........

_ $ 946,819 $ 323,623 0

Specialized Institutional

Foster Care ....................... ^ 445,000 $ 445,000 0

Specialized Foster Care --._...._. $ 120,000 $ 97,500 0

Child Welfare-

Family Foster Care ................... $ 3,121,825 $ 1,636,000 0

Adoption Supplement .......... $ 80,000 $ 50,000 0

Non-AFDC Institutional

Foster Care ........................ $ 136,800 $ 136,800 0

Liability Insurance ...................... $ 17,000 $ 17,000 0

Emergency Shelter Care ..... ...... $ 120,000 $ 30,000 0

Day Care ..........................$ 415,640 $ 181,640 0

Psychiatric, Psychological

and Speech Therapy ._.............$ 120,000 $ 30,000 0

Maternity Care .-......_..............._._.....$ 275,400 $ 275,400 0

Return of Runaways--County....... $

4,000 ?

1,000 0

Undistributed ..............................^ --0-- $ --0-- 0

Total ....................... ^ 10,766,329 $ 4,619,420 0

11. Community Youth Services Administration:
Personal Services ..............................................I Regular Operating Expenses .........................^ Travel ...........__..........__...............................I Motor Vehicle Equipment Purchases ......._._.$ Publications and Printing ............................. ^ Equipment Purchases ...................................._..$ Computer Charges ...._..._.._-...._.....--._....$ Real Estate Rentals ...-..................-.............$ Telecommunications _._...__....___._.--_--...._.$ Per Diem, Fees and Contracts .........__.._.__.$ Utilities ...........................................................$ Postage ..................._........-._...__............_$ Benefits for Child Care ------------_......__..._..$ Total Funds Budgeted .... .-... _.._...............-.. $ Indirect DOAS Services Funding _..-.............$ Agency Funds .__...._.._.__..._.._._._..._._......._.._._.$ State Funds Budgeted -._........-......._---.,,_. $ Total Positions Budgeted Passenger Carrying Motor Vehicles

414,905 13,770 13,500 --0-- 2,000 --0-- --0-- 24,000 15,695 2,500 --0--
486,370
486,370 24 0

12. Services to the Aged Budget:
Personal Services .........._.-_..................._.._...$ Regular Operating Expenses ._.._._................ $ Travel ...............................__...___............._.$ Motor Vehicle Equipment Purchases ...........$ Publications and Printing .............._....-.-....... $ Equipment Purchases ._..-..........._........--...........$

445,300 12,200 22,250 --0-- 2,200 --0--

2856

JOURNAL OF THE SENATE,

Computer Charges _--_....----.......-.--..._----..._.$ Real Estate Rentals .............-......-..._...,,._..._.. $ Telecommunications --.--.._--.-.--.--..---..-..._.--.. $ Per Diem, Pees and Contracts ._.. .................. $ Utilities ......._.-...,,....-....-.....-..._........-..__._... $ Postage ---_.._---..-----...-----._..-_-._.-----.....--. $ Areawide and Community Grants ~... .._....... $ Nutrition Grants ...._........-_...............,,..._.__..$ Total Funds Budgeted ................................ ^ Indirect DOAS Services Funding __.._..___.....$ Agency Funds ............................................... i State Funds Budgeted .......................$
Total Positions Budgeted

--0-- 36,400 11,030 948,300
--0-- --0-- 2,241,600 4,003,200 7,722,480 --0-- 7,215,660 506,820
28

Services to the Aged Functional Budgets

Total Funds

State Funds Pos.

Administration and Planning ....... $ 1,477,680 $ 242,820 28 Nutrition Grants ............................ ^ 4,003,200 $ 264,000 0 Areawide Grants ....__....._.....__...$ 2,241,600 $ --0-- 0 Undistributed ..-._.......-.....---..-.._$ --0-- $ --0-- 0 Total _....__._.._....__......_-_._._$ 7,722,480 $ 506,820 28

13. Vocational Rehabilitation-- Program Direction and Support Budget:
Personal Services .............................................$ Regular Operating Expenses -._--...,,.--....----_ $ Travel _.,,_..._._.._-._,,..._..._....._...-..........._.. $ Motor Vehicle Equipment Purchases ._......._$ Publications and Printing _-.............,,.._...._-.. $ Equipment Purchases __...__.............._...,,..,,....$ Computer Charges ........................................^ Real Estate Rentals .......................................$ Telecommunications _--..._.__..,,_._._... ...._.... $ Per Diem, Fees and Contracts ....................... ^ Utilities _..._..._..._,,_..._,,_._..._._..-....._._.. $ Postage -___......__........__.--..._...__......_.$ Case Services ....--....-----.-.--...------...I Grants for Nephrology Centers ................... ^ Total Funds Budgeted ..__...._-._....-_.....-..... $ Indirect DOAS Services Funding .............._. $ Agency Funds ...................................................^ State Funds Budgeted ....._............................... $ Total Positions Budgeted

693,690 69,380 29,000 --0-- 15,960 2,100 275,000 --0-- 25,000 259,000 --0-- 3,000 225,000 185,000 1,782,130 100,000 1,417,099 265,031
39

Vocational Rehabilitation--Program Direction and Support Functional Budgets

Total Funds

State Funds Pos.

Program Direction and Support ._.$ 1,101,670 $ 60,031 37 Grants Management ..__..............._ $ 680,460 $ 205,000 2 Undistributed ___--__.--..----$ --0-- $ --0-- 0 Total_____,,_._._.._.__.--.--..--.$ 1,782,130 ? 265,031 39

MONDAY, MARCH 6, 1978

2867

14. Vocational Rehabilitation-- Facilities Budget:
Personal Services .....,,_......._.__........___....._._.___.$ Regular Operating Expenses -....._..___......._..._$ Travel _......._,,......_.__,,_......_...._....._..____......._.____ $ Motor Vehicle Equipment Purchases --..._.... $ Publications and Printing .___..__.____,,._._.____$ Equipment Purchases --..-......--........................if Computer Charges .....__..._.._ _._..__..___..._._____.$ Real Estate Rentals ........................................ ^ Telecommunications ._,,-..--...--_--..______.___._.___.$ Per Diem, Fees and Contracts .......... ........... $ Utilities .________..____...__.____..______......_.___._ $ Postage .....____---......___..--.-_.___._.---.._____._______._.$ Capital Outlay --.....-- .,,--... ........... ................_..$ Case Services .....--..... ...-_.________.-____.__..___________.$ Total Funds Budgeted --.._..--,-......-,,....... $ Indirect DOAS Services Funding .... .............. $ Agency Funds ......... ._.____._.._._.._____..._.._____.____ $ State Funds Budgeted .. ...... .................... ..... $ Total Positions Budgeted Passenger Carrying Motor Vehicles

3,119,580 203,090 51,800
14,500 3,800 25,170 -- 0-- 90,400 118,250 117,900 47,000 4,800 --0-- --0-- 3,796,290 100,000 2,903,180 793,110
220 21

Vocational Rehabilitation--Facilities Functional Budgets

Total Funds

State Funds Pos.

Program Direction and Support $ 379,780

41,830 13

Atlanta Rehabilitation Center ..... $ 1,208,560

304,060 64

Alto Rehabilitation Center ..... ... $ 606,580

165,780 38

Cave Spring

Rehabilitation Center ............. $ 241,400

69,150 16

Yarbrough

Rehabilitation Center .......... $ 1,056,790 $ 212,290 65

Georgia Vocational Adjustment Center--Gracewood ... ........_.... $ 303,180
Undistributed .................................I --0-- $

--0-- 24

--0--

0

Total .._.__..............-.._.._......--_.........$ 3,796,290 $ 793,110 220

15. Roosevelt Warm Springs Rehabilitation Services-- Hospital Services :
Personal Services ..............__......................... $ Regular Operating Expenses ...........................$ Travel ...._.._.._......._.._.__.___.................. $ Motor Vehicle Equipment Purchases ...._..... $ Publications and Printing ........................... $ Equipment Purchases --..----------------------if Computer Charges .....----._.._._._...--._....$ Real Estate Rentals ........_........-._....-,,..--.._.$ Telecommunications ......_----.------. ..----.-- $ Per Diem, Fees and Contracts .--_..--......,,._.$ Utilities ...._...-.-.-........-..--_...----..._.----? Postage ._.........--.__.._...---.....----_-_.-------$

3,556,500 1,016,910
28,200 7,000 3,500 17,250 --0-- --0-- 70,000 404,815 1 12,700 6,000

2858

JOURNAL OF THE SENATE,

Case Services ................__________________________________.$ Capital Outlay ___.._..._.____._._._._.___..__.__..__..__....-_ $ Total Funds Budgeted _-......._..----,,.,,-- $ Agency Funds -.-_-...........-..._.._,,.-...................... $ State Funds Budgeted ................................. ....$
Total Positions Budgeted Passenger Carrying Motor Vehicles

--0-- --0-- 5,222,875 5.222,875 --0--
354 13

16. Georgia Factory for the Blind Budget:
Personal Services ._..________._,,.._.......................... $ Regular Operating Expenses .__.....___._,,--.$ Travel ..________._.-.-.-------. $ Motor Vehicle Equipment Purchases ..... $ Publications and Printing ............................... $ Equipment Purchases ._.._._._._._......_...._....- $ Computer Charges _,,____.,,.._...__-..__..__.__..._.... $ Real Estate Rentals ,,_.___..__,,___.__.....................$ Telecommunications _....__.___.___._._.._...._------- $ Per Diem, Fees and Contracts .......................$ Utilities ................................................$ Postage .------ --- .__-.-- $ Total Funds Budgeted ----------.-$ Agency Funds _----..___-------------$ State Funds Budgeted ................................... $ Total Positions Budgeted Passenger Carrying Motor Vehicles

1,255,160 2,851,820
12,300
28,000 2,600 73,900 --0-- --0-- 12',395 49,750
44,350 500
4,330,775 4,063,394
267,381
24 12

Georgia Factory for the Blind Functional Budgets

Total Fund

State Funds Pos.

Operations ___.._____------_----.$ 3,992,190 $ --0-- 0 Supervision ___._._----------.-------- $ 249,580 $ 249,580 19 Vocational
Rehabilitation Unit ............... $ 89,005 $ 17,801 5
Undistributed ............................ ^ --0-- $ --0-- 0 Total .__..................................^ 4,330,775 $ 267,381 24

17. Vocational Rehabilitation-- Services Budget:
Personal Services ...........................................I Regular Operating Expenses ........................ $ Travel ..........__..._.................__._....-.-........... $ Motor Vehicle Equipment Purchases -......,,,,.$ Publications and Printing .._..................._.......$ Equipment Purchases .__._________._.___..__.___...,,,,,,_.$ Computer Charges -.............-.--.......--...............$ Real Estate Rentals ....................................^ Telecommunications _,,--_,,,,____.----_--_----. $ Per Diem, Fees and Contracts .......................$ Utilities .....................................__....._$ Postage .................__....................................... I Case Services ._......_............_..........__......._.$

9,926,565 433,850 385,000 --0-- 3,000 13,940 --0--
523,120 255,000 196,500
57,770 65,280 15,070,000

MONDAY, MARCH 6, 1978

2859

Total Funds Budgeted .-....__.....___......___..._._.__. $ Indirect DO AS Services Funding ...............^ Agency Funds .....__........................._..........._$ State Funds Budgeted .,._...._............._..........$ Total Positions Budgeted Passenger Carrying Motor Vehicles

26,930,025 200,000
20,696,300 6,033,725 722 4

18. Roosevelt Warm Springs Rehabilitation Services-- Rehabilitative Services Budget:
Personal Services .........-...-.-.........__..__.___._...__.. $ Regular Operating Expenses ...................... ^ Travel ......................................................$ Motor Vehicle Equipment Purchases ...... ... $ Publications and Printing ............................. ^ Equipment Purchases __________________ .................^ Computer Charges ._-..__...-.-_....--....,,.._......,,..._.$ Real Estate Rentals ............................$ Telecommunications --_...-.......-.-...--.........-....... $ Per Diem, Fees and Contracts ...._.......___....... $ Utilities ..........................................................^ Postage .___--_.___.-_._____--_.____________,,_______________._____. $ Case Services .....................................................I Total Funds Budgeted .....................^.............. ^ Agency Funds ... ........ ..._......__........_.._____...._.__.$ State Funds Budgeted __..______.__,,..__._.._,, $ Total Positions Budgeted Passenger Carrying Motor Vehicles

1,349,855 214,500 10,000 7,000 700 10,665 --0^-- --0-- 42,000 418,300 133,000 --0-- 85,000
2,271,020 1,885,855
385,165 109 1

19. Vocational Rehabilitation-- Disability Adjudication Budget:
Personal Services -...,,._..._.._..._..-........_.... ........$ Regular Operating Expenses ..._....-.......-._..._ $ Travel ._.....--_......_...-.--...,,_.__-......_.........__. $ Motor Vehicle Equipment Purchases _..._._. $ Publications and Printing .,...........................$ Equipment Purchases --.._.--__----,,-.--.-.-.--- $ Computer Charges _.--_-___--...__.--..-.--.-___._ $ Real Estate Rentals _.-.......-......._._..._.__._$ Telecommunications .._.--_..--..--.......--._...--.__ $ Per Diem, Fees and Contracts ....-._-...-.......... $ Utilities ._..,,......_........_,,.._._-_..._._.,,.._.__.._..._..,,.___.,,$ Postage ....__..-.-.--..-...--.-.._..-..--._-..--_.._..._.$ Case Services ......-.-.....-......-_.......--.......-....._.._. $ Total Funds Budgeted ......_........._......._......,,.... $ Agency Funds ................................ .....^ State Funds Budgeted ......-..-.._-..........-........... $ Total Positions Budgeted

4,299,900 426,000 28,600 --0-- --0-- 4,100 --0-- 325,500 12,000 116,100 --0-- --0--
4,504,200 9,716,400 9,716,400
--0-- 312

20. Public Assistance Budget:
Personal Services ----_----_----.__--.---._.----....$ Regular Operating Expenses .._--.-.--..-----_$ Travel ...._....-.......-.-,,......-....--._.._.__--..----.?

--0-- --0-- --0--

2860

JOURNAL OF THE SENATE,

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

Publications and Printing .....-..--.--..----_....$

Equipment Purchases _,,.--__..__--..._......,,..._.$

Computer Charges ............................................$

Real Estate Rentals ._...._........,,...._-......,,.........$

Per Diem, Fees and Contracts _.._.-..-............ $

SSI-Supplement Benefits ____________.__.______._,,___.$

AFD Benefits _.._....____..____.._...._...,,....,,.$ 106,980,104

Total Funds Budgeted ...................... -..^$ 107,346,278

Agency Funds .,,..._._.._,,._._..-,,_.._...._._._..,,. $ 70,414,304

State Funds Budgeted -___.._-_______.___.,,____-_,_.__.$ '36,931,974

Total Positions Budgeted

0

Public Assistance Functional Budgets

Total Funds

State Funds Pos.

AFDC Payments _......_...-....-._._ $106,980,104 $ 36,565,800 0 SSI--Supplement Benefits ........... ^ 366,174 $ 366,174 0 Undistributed ._.._...._.._.-...--_-.$ --0-- $ --0-- 0 Total _.__.____-___.-......-.--..---.-.-$107,346,278 $ 36,931,974 0

21. Local Services--Community Services and Benefits Payments Budget:
Personal Services .............................................$ Regular Operating Expenses ----.--..----.$ Travel .__--._..._-_.__..--_._--.--__-._--_--. $ Motor Vehicle Equipment Purchases --_--_.$ Publications and Printing __,,-____----__--_ $ Equipment Purchases ...._____._____..___..._____,,.. $ Computer Charges _..--.--_--.------------$ Real Estate Rentals _...-._-_..--_._..----_--.$ Per Diem, Fees and Contracts ....._._._._--..$ 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--
32,624,344
26,034,184 58,658,528 34,589,172 24,069,356
0

Local Services--Community Services and Benefits Payments Functional Budgets

Total Funds

State Funds Pos.

Local Services-- Benefits Payments Grants __...$ 32,624,344 $ 16,312,172 0
Grants to Counties for Social Services ..__..___,,._.$ 26,034,184 $ 7,757,184 0
Undistributed _.__..._.____._...$ --0-- $ --0-- 0
Total __.___--____--__--$ 58,658,528 $ 24,069,356 0

MONDAY, MARCH 6, 1978

2861

22. Family and Children Services-- Program Direction and Support Budget:
Personal Services ....._.--.._-.,,.,,._.................... ^ Regular Operating Expenses .........................^ Travel .......... ............................................... $ Motor Vehicle Equipment Purchases ........... $ Publications and Printing -- ._..-..____.......$ Equipment Purchases ................................. ^ Computer Charges _...................._..._..____._.._.,,. $ Real Estate Rentals ....................................... ^ Telecommunications _..__.___.-.____..__,.___..______.___.___.$ Per Diem, Pees and Contracts ._.,,...__._._____..__$ Utilities ............. ............................. ^ Postage -.--.._---....,,-.-__.-.._..__.-...__......_______$ Total Funds Budgeted ............................... ^ Agency Funds -.__._.--._.___.....______......_....._._.__.$ Indirect DO AS Services Funding ...............^ State Funds Budgeted .. ........................$ Total Positions Budgeted

5,835,960 211,995 320,974 --0--- 177,000 25,800 800,000 192,300 177,195 976,570 4,900 476,720
9,199,414 5,001,425
444,500 3,753,489
373

Family and Children Services--Program Direction and Support Functional Budgets

Director's Office ... .................. ^ Standards and Procedures ......... $ Training ........ ... ... ............. $ Management Development .......... ^ Administrative Support .............. $ Food Stamp _____.._._._____$ District Program Operations ...... $ Special Services----...-----------.$ Eligibility Determination ............. i Undistributed .........-.---.....-..--...$ Total ....-.-..-_--.--.-_--.-__.----_.-$

Total Funds
350,805 349,170 413,540 1,695,180 2,239,250 450,620 1,919,125 1,294,664 487,060
--0-- 9,199,414

State Funds
$ 60,115 $ 113,610 $ 103,385 $ 838,110 $ 829,650 $ 208,670 $ 818,825 $ 569,064 j 212,060 $ --0-- $ 3,753,489

Pos.
12 10 14 91 19 24 109 63 31 0 373

23. Family and Children Services-- District Administration Budget:
Personal Services _........_.........._......................_$ Regular Operating Expenses .....-----..._.----- $ Travel ._.,,._.___......__.......__................... $ Motor Vehicles Equipment Purchases ...--.... $ Publications and Printing ._.......................-- $ Equipment Purchases ............._......__......__.$ Computer Charges ._..--._....__.......-_..._.._..._..__. $ Real Estate Rentals ....................................... ^ Telecommunications ......_._...-__..__....-.......__... $ Per Diem, Fees and Contracts --..------...----$ Total Funds Budgeted _......._.........._.. ...........,$ Agency Funds ....................................................$ State Funds Budgeted ................................... f Total Positions Budgeted

385,200 44,300 33,400
21,500
484,400 263,760 220,640
20

2862

JOURNAL OF THE SENATE,

Budget Unit Object Classes: Personal Services ...... ___.-._...._._....__.._.._... $ Regular Operating Expenses ................... $ Travel ...__._._...........__.__..__.._.._______._.___.__..__..___ $ Motor Vehicle Equipment Purchases --. .... $ Publications and Printing _____..._................ $ Equipment Purchases .............--.-..-.-.._.--__..__. $ Computer Charges _................................_.._.._. $ Real Estate Rentals ....-....._.._._.....__..................$ Telecommunications -._..-________.__---..-______________. $
Per Diem, Fees and Contracts . .. ............... $ Utilities ..................-.._..............._..-...__.................$ Postage -----------------_-$ 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 ___.___________-__--._---$ Work Incentive Benefits ___________..___._..____. .._..$ Grants to Fulton County for 24-hour
Emergency Social Services ......................-- I Benefits for Child Care ........-........................$ Chatham County Homemaker Project ...._.....$ Fulton County Homemaker Project............... $ Areawide and Community Grants _____________..._$ Nutrition Grants _________..----------$ Grants for Nephrology Centers --.-----.----$

65,294,259 9,282,895 2,333,029
56,500 554,400 294,345 3,514,540 2,220,415 1,545,395 39,265,345 452,520" 1,038,770 --0--
2,989,000 3,951,000
450,000 1,600,000
3,476,480 322,530 175,000 --0--
106,646
102,464 27,167,375
900,000
130,000 8,914,264
366,330 205,735 2,241,600 4,003,200 185,000

Case Services ......__.______________........-------.$ 19,884,200

SSI-Supplement Benefits ___________.---.----$ 366,174

AFDC Benefits ------------$ 106,980,104

Local Services Benefits Payments Grants ._..........-.----..--.....---$ 32,624,344

Grants to Counties for Social Services .........._.._.._._...,,.-.-.-.....-.-----.$ 26,034,184

Contract for the Purchase of Clotting Factor for the Hemophilia Program .--......$

100,000

Institutional Repairs and Maintenance ... _..$ 500,000

Contract with Emory University for Arthritis Research ......._,,_._.__....._.._..$

159,629

Grant to Parent-Child Center ._......................$

11,000

Grant to Grady Hospital for Cystic Fibrosis Program ._...._...._..__.....--..$

40,000

MONDAY, MARCH 6, 1978

2863

Grants to Georgia Tech for Cancer Research _...,,_,,......_.,,_...._....._..,,$
Total Positions Budgeted

50,000 4,489

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 funds available in the Physical Health--Local Services Budget not less than $125,000 is committed for continuation of the Community Cardio vascular Council Stroke-Screening Program.

Provided, that of the above appropriation, $20,000 is designated and committed for toxoplasmosis screen ing.

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.

There is hereby appropriated $36,565,800 in State funds for the purpose of making AFDC benefit pay ments.

Provided that for Fiscal 1979, the following maxi mum benefits and maximum standards of need shall apply:

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$ 106

$ 69

2

161

105

3

193

125

4

227

148

5

260

169

6

282

183

7

305

198

8

324

211

9

341

222

10

365

237

11

390

254

2864

JOURNAL OF THE SENATE,

Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 65% of the above standard of needs.

Provided, that of the above appropriation, $88,000 is designated and committed to operate the Rome Cere bral Palsy Center.

Provided, however, it is the intent of this General Assembly that no additional group homes or community treatment centers be started with Federal funds without prior approval by the General Assembly of Georgia.

. Provided, that of the above appropriation relating to Institutional Repairs and Maintenance Projects, $52,030 is designated and committed for making neces sary structural renovations to DHR facilities to insure compliance with Section 504 of the Rehabilitation Act of 1973.
Provided, however, it is the intent of this General Assembly that the rate paid to Dentist for services rendered in the District Dental Clinics shall not exceed twenty-five dollars ($25.00) per hour.
Provided that of the above appropriation relating to Statewide Grants for Pre-natal and Post-natal Care Programs, $2,989,000 is designated and committed for a Statewide program of pre-natal and post-natal care, including all hospitals where such program or programs are providing or shall provide such care.

Provided, that of the above appropriation relating to the Physical Health--Family Health Activity, $40,000 is designated and committed for a grant to Grady Memorial Hospital in Atlanta for the purpose of oper
ating a cystic fibrosis program.

Provided however, that to the extent that Title XX funds became available in excess of the amount con templated in this Appropriations Act, it is the intent of this General Assembly that the first $2.9 million of such excess not be subject to the provisions of Section 53 of
this Act.

Provided that grants of Federal Title V (Maternal and Child Health--A and B) funds above the amounts anticipated in this appropriation shall be used to im prove and expand Physical Health programs and not to supplant State funds in this appropriation.
Provided, that of the above appropriation, the

MONDAY, MARCH 6, 1978

2865

Department of Human Resources is authorized to pro vide treatment for eye disorders, provided that treatment for the disability cannot be obtained from other sources.

B. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions .........--................ ..^. 168,711,966

1. Georgia Regional Hospital at Augusta Budget:
Personal Services --..--_--...--_.._..._____.__.____._____. $ Regular Operating Expenses -_________________________.$ Travel ..................................$ Motor Vehicle Equipment Purchases _______...$ Publications and Printing _-_.________________._________.$ Equipment Purchases ___.______.__________._______________.$ Computer Charges ...........................................I Real Estate Rentals ............ ........................... ^ Telecommunications .._......... ............................... $ Per Diem, Fees and Contracts .,......................$ Utilities .....-_................................._....,,..._......__$ Postage -.......-.-..-_-__-----..------.............._._.-_.._._.$ Authority Lease Rentals .................... .....^ Total Funds Budgeted -_-._................. _...........,,$ Indirect DO AS Services Funding ..............._. $ State Funds Budgeted ............................. ^ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

5,124,919 657,300f 6,250 --0-- 2,100 7,000 60,000 --0-- 64,000 177,700 188,475 5,600 387,000
6,680,344 60,000
5,955,344480 468 14

2. Georgia Regional Hospital at Atlanta Budget :
Personal Services -.........-...,,-_.-...........__......-$ Regular Operating Expenses __.............._,,--.. $ Travel .___._......._..___._-.......-..-....____..-..............,,..-..$ Motor Vehicle Equipment Purchases ..-.--,,_-- $ Publications and Printing ... .... ..___,,.....-- ..----.$ Equipment Purchases ....-__.._-........._____-----.$ Computer Charges ................... ^ Real Estate Rentals ............................... ^ Telecommunications ....... ....................... ^ Per Diem, Fees and Contracts ..........................I
Utilities .._.............__.-.-......-.--.........------ $
Postage _----.----------- $
Capital Outlay ...................... -^
Authority Lease Rentals ___.._._________.__........._._-$
Total Funds Budgeted ............$
Indirect DOAS Services Funding .... _ ....... $
State Funds Budgeted .................... ^
Total Positions Budgeted July 1, 1978
Total Positions Budgeted June 30, 1979
Passenger Carrying Motor Vehicles

6,529,000 867,300 10,000 36.5001 4,400 30,000 93,000 -- 0-- 86,000 96,000 275,000
10,000
275,000
513,000
8,825,200 93,000
7,698,400
600
588
19

2866

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 _,,___________.__._______________,,,,.$ Computer Charges ._-_..-.-..,,__.........___..._...........$ Real Estate Rentals .--,,_......__-__...........,,___......$ Telecommunications ----..--,,_--,,.--.._.__----.--.$Per Diem, Pees and Contracts ..........__._.........$ Utilities ,,.________________________._________._______,,_,,__--__-__$ Postage .....--___-.-......__-__..-......_..-.-_._........--__$ Authority Lease Rentals ......,,__.___........_____..,,..$ Capital Outlay --___,,___-______--_.--,,_.____--.,,_--__-__.$ Total Funds Budgeted _________.-____._.__.__.-__-___-$ Indirect DO AS Services Funding .....___.__...... $ State Funds Budgeted _____._..._....,,._..........._.._...$ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

5,570,000 538,100 8,000 11,000 3,000 6,000 85,000 4,200 58,000 67,500 250,000 5,00* 500,000 --0--
7,105,800 85,000
6,295,800 519 510 18

4. West Central Georgia Regional Hospital Budget:
Personal Services .._,,_............----__-..-...._..--__.$ Regular Operating Expenses _----_--_,,,,-,,_--.$ Travel ______.--__---_.--_-,,.--- $ Motor Vehicle Equipment Purchases .,,..--....,, $ Publications and Printing ....._.--.,,__,,____--..._,,$ Equipment Purchases _--_----__------._--_------$ Computer Charges ___.-_.._________,,--.____--_____----__.$ Real Estate Rentals --.-------,,.,,...--.----------$ Telecommunications --.--_.,,,,_--------_,,------.$ Per Diem, Fees and Contracts ......,,...._.........$ Utilities __._------_----------$ Postage ...._...........-.__....-.-._.-._----__.--..-$ Authority Lease Rentals ___._-___.___________.~---| Total Funds Budgeted .__.__,,..._....-....-.._._-_.___.$ Indirect DO AS Services Funding ........,,...,,....$ State Funds Budgeted ............--__..._...._........$ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

4,974,000 589,900( 9,000 6,500 4,650 3,000 75,000 --0-- 60,000 24,000 197,000 10,000 646,500
6,599,550 75,000!
6,224,950
493 436
23

5. Northwest Georgia Regional Hospital at Rome Budget:
Personal Services ,,...-...........-_.._......-.-..-_--_.$ Regular Operating Expenses _------._.----..._.$ Travel _..,,......_-..,,._...-.-..._._,,.......-...,,,,_.-.....$ Motor Vehicle Equipment Purchases .__------$ Publications and Printing ___._......._._..._........$ Equipment Purchases ---------,,--------_-._------$

6,616,000 585,500 8,000 6,500 1,500 10,400

MONDAY, MARCH 6, 1978

2867

Computer Charges _....._..______..............._$ Real Estate Rentals ._........__ ...... .._.___$ Telecommunications ..-.__.-....___._._.__..._____.$ Per Diem, Fees and Contracts __________..__________.$ Utilities -- .--................-...........................if Postage ----------...--..........--..............................I Capital Outlay __........_........___........__...,,._..,,........_.$ Authority Lease Rentals ----,,...__,,_._..........__...$ Total Funds Budgeted --_-__--_______._____._,,.,,__.__.$ Indirect DOAS Services Funding ._.........._.......$ State Funds Budgeted ._-....._...__...._.......,,.,,...,,.$ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

85,000 --0--
75,000 23,850 550,000
5,200 --0-- 853,500 8,820,450
85,000 7,479,850
648 599 29

6. Gracewood State School and Hospital Budget:
Personal Services .-_.._.__.__._.________.__________.______.$ Regular Operating Expenses ,,_____,,__._.______.____.$ Travel ...........__........,,........._,,.....____.._...__.,,....___.. $ Motor Vehicle Equipment Purchases .____,,--.$ Publications and Printing ...._......_..........,,,,....$ Equipment Purchases .................... ,,......____.___,,$ Computer Charges ________,,_._......-_-........__....._._...$ Real Estate Rentals --.,,....,,-- --_.___.__.____,,-___.$ Telecommunications ____________...._,.....__....,,....$ Per Diem, Fees and Contracts ......--..........--_.$ Utilities ..----.-----_$ Postage ,,..._..___.__..........._,,.._........-.,,......-,,..,,...$ Capital Outlay ..........-:.__...._....__...._....-_......,,.-..$ Authority Lease Rentals __..-........-__........._._-_$ Total Funds Budgeted -______--_--.__________,,__...,,_.$ Indirect DOAS Services Funding .......,,._...,,..$ State Funds Budgeted ______--_.--______.-_-,,___.-.$ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

17,697,000 1,884,100
9,800 17,300 14,600 40,000 55,000< --0-- 170,000 153,800 790,000 12,500 --0-- 117,000 20,961,100 155,000 11,737,100 1,755 1,755
89

7. Southwestern State Hospital Budget:

Personal Services ....-..........-.-.......-...----.I

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

Travel __._.__..__..._____. .,..............$

Motor Vehicle Equipment Purchases ,,_,,_______ $

Publications and Printing I............-..---....-!

Equipment Purchases _____________----_-------.,,----$

Computer Charges

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

Real Estate Rentals ____.._____.____________._-_____.,,__--$

Telecommunications ---........------_----------.--. $

Per Diem, Fees and Contracts ..............,,_..___.$

Utilities ............-- .-

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

Postage .....................

......-.---4

Total Funds Budgeted ..........-.$

Indirect DOAS Services Funding ________.._____.$

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

9,476,0001 1,017,100
12,000 38,000
2,700 35,500 90,000 --0-- 72,000 46,200 375,00
9,000 11,173,500
90,000 9,758,500

2868

JOURNAL OF THE SENATE,

Total Positions Budgeted July 1, 1978

920

Total Positions Budgeted June 30, 1979

920

Passenger Carrying Motor Vehicles

45

8. Georgia Retardation Center Budget:
Personal Services --_.....__________,,_________,,,,._.....$ Regular Operating Expenses ....._--_............,,.$ Travel .....__....._._................_....._..._....._........ $ Motor Vehicle Equipment Purchases ......_...... $ Publications and Printing ........-...--._.-...--.... $ Equipment Purchases ..._....--...........................7$ Computer Charges __..-.-.-..-_......-...-....-.-....-....$ Real Estate Rentals .._..-...-...-......._....-.-.._.._....$ Telecommunications .......,,......,,..-...........-...._.-$ Per Diem, Pees and Contracts .--....._......--.._ $ Utilities .....-..-......_..-..........__....-.--....._.._...-.--$ Postage .....-...,,_....-...-..........,,-.........--........--.....$ Authority Lease Rentals ......_...........__..._......$ Total Funds Budgeted ,,..-.....,,,,......_....-......--.$ Indirect DOAS Services Funding ..................I State Funds Budgeted ........--...._.__-...._,,-.....$ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

10,098,000 2,012,000
9,200 --0--
5,800 5,200 100,000 --0-- 132,000 60,700
604,100 7,000
794,000 13,828,000
100,000 9,068,000
990* 919 34

9. Georgia Mental Health Institute Budget:
Personal Services ----...-....,,_......._............,,..$ Regular Operating Expenses ___.-...--.__._--.--..__.$ Travel ........--....._.._.._......_------_._-....._._......$ Motor Vehicle Equipment Purchases .--_--...$ Publications and Printing ........-...--...-._..._.....$ Equipment Purchases .....----._----.___--..._-_._$ Computer Charges .....-...-._.......__._._.--._.--.$ Real Estate Rentals ........--......_........_......_..$ Telecommunications ------_.----_.------._------$ Per Diem, Fees and Contracts _...-._....-.._--_...$ Utilities .._._.__._..............._.....__._.............$ Postage .......__._...._.__.....-..__.__..-----$ Authority Lease Rentals ..._......._......__..._..... Capital Outlay ...._......._.....__........__........_..._.? Total Funds Budgeted -.._.....-._.-......._.....--...$ Indirect DOAS Services Funding _...._,,.....,,.$ State Funds Budgeted .._._.._......_._............._$ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

6,243,633 757,750 10,000 --0-- 8,800 46,500 93,000 --0-- 150,000 475,800 648,367 9,500 450,000 31,500
8,924,850 193,000
8,221,850 513 505 20

10. Central State Hospital Budget:
Personal Services ......__._..._.__......_._..._....-._.$ Regular Operating Expenses ...._......-....__-...$ Travel ................._.._......._.._......-..__._._.-..._$ Motor Vehicle Equipment Purchases ._--.----..$

48,250,0006,573,230
17,000 56,700

MONDAY, MARCH 6, 1978

2869

Publications and Printing ................................I Equipment Purchases ~--,,.,, .............._.,,_..._._ $ Computer Charges ......----......-......................$ Real Estate Rentals .......................................$ Telecommunications ----,,.....-..._______. _._............. $ Per Diem, Fees and Contracts ....__.._______._____._ $ Utilities ...........................$ Postage --------_---_-------,,,,_------.__..._.____.......-.$ Authority Lease Rentals .................................$ Total Funds Budgeted ---.-----__......$ Indirect DOAS Services Funding ............... $ State Funds Budgeted ................................. ^ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

18,070 101,000 345,000 --0-- 420,000 121,000 2,100,000 40,000 669,000 58,711,000 589,000 46,599,835
4,594 4,562
153

11. State Youth Development Centers Budget:

Personal Services ...................................... ^ Regular Operating Expenses ....................$ Travel ........-__---.........___-.__....-.._...__-,,--_........-. $ Motor Vehicle Equipment Purchases _______...--. $ Publications and Printing __.____._____..,,______________ $ Equipment Purchases ....................................$ Computer Charges ..............................................^ Real Estate Rentals .......................................4 Telecommunications ........................................^ Per Diem, Fees and Contracts -......_..,,._.........$ Utilities .__........................................_............_......$ Postage .......................... ......................^ Total Funds Budgeted .................... .^ State Funds Budgeted ...................................^ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

6,875,100 1,051,600
7,000 10,500
200 19,000 8,000 --0-- 78,700 74,900 450,000 16,600 > 8,591,600 8,294,600
641 641 93

12. Regional Youth Development Centers Budget:
Personal Services ........................................ ..^ Regular Operating Expenses ........................^ Travel ........__...........................................^ Motor Vehicle Equipment Purchases ........... ^ Publications and Printing ............................$ Equipment Purchases ......................................^ Computer Charges ----.-----.-...-------._--------$ Real Estate Rentals .................___..... ....._..--....-$ Telecommunications ................................ ^ Per Diem, Fees and Contracts ......._........-..._.....$ Utilities ............................--...........$ Postage _......-......_-...-.--...------------$ Capital Outlay .......................................... ^ Grants to County-Owned Detention
Centers ................................. --....-^ Reserve for Eastman FYDC ...................^ Total Funds Budgeted ....................$

3,199,000 538,920 7,500 6,800 350i 15,600 --0-- --0-- 37,800 48,000 230,000 6,000 810,000
250,000 180,000 5,329,970

2870

JOURNAL OF THE SENATE,

State Funds Budgeted ..........._._____.__._____..______._.$ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

5,194,970 329 329 28

13. Community Mental Health/Mental Retardation Services Budget:

Personal Services ....................................^ 5,407,000

Regular Operating Expenses ........................$ 136,950

Travel .....................................$

27,300

Motor Vehicle Equipment Purchases .-.-.,,.._,,_.$ --0--

Publications and Printing --.--.--..-.--..___._._______ $ --0--

Equipment Purchases ....................................^ --0--

Computer Charges ....................................$ --0--

Real Estate Rentals ................... ...............^

68,600

Telecommunications __......_...__,,......__.__,,___________ $

4,200

Per Diem, Fees and Contracts ___._____-.............$ 190,600

Utilities ....._..........._............_.__._._._....___.__._..__._._. $

5,800>

Outpatient Pharmaceuticals __________._.__.__.._____..f 770,000

Drug Abuse Contracts ......................................$ 1,295,200

Developmental Disability

Service Chiefs ................................................$ 400,000

Day Care Centers for the

Mentally Retarded ...................... ..^ 28,341,633

Purchases of Mini-buses for

MR Day Care Centers ................................. $ 350,000

Group Homes for the

Mentally Retarded .................................... ^ 1,876,000

Supportive Living Benefits __________,,__-_---.--_-..$ 1,454,000*

Supportive Living Staff ....................................^ 249,000

Foster Grandparents ..................................$ 337,000

Community Residential Services ........,,..__._-$ 1,101,000

Community Residential Services Staff ______.$ 525,000

Community Mental Health

Centers Services __._......_..................._._......$ 31,817,097

Project Rescue _......._..-...............--.__.._.....$ 182,500

Total Funds Budgeted .......................... ........$ 74,538,880

Agency Funds .................................$ 41,789,878

State Funds Budgeted ............................. ^ '32,749,002

Total Positions Budgeted July 1, 1978

382

Total Positions Budgeted June 30, 1979

382

Community Mental Health/Mental Retardation Services Functional Budgets

Total Funds

State Funds

Mental Health Community Assistance ..............$
Mental Retardation Community Assistance ............._.$
Central Pharmacy ...__......---_-.-$ Odyssey ___._._...._.........-_-......-_..$ Synthesis Treatment Center ...._.....$

3,684,000
1,152,800 99,800 65,400
226,250

$ 3,613,374
$ 1,152,800 $ 99,800 $ 26,160 $ 84,500

Pos.
248
73 5 4 14)

MONDAY, MARCH 6, 1978
Tenth Street Treatment Center .......................I 216,800
Little Five Points Treatment Center ._.__..,..__.._.....__.$ '218,700
Central Intake _..___ ..........................^ 176,700 Outpatient Pharmaceuticals ...... $ 770,000 Developmental Disability
Service Chiefs ....... .... .._._....__..____$ 400,000 Group Homes for the
Mentally Retarded -.----_....._$ 1,876,000 Day Care Centers for the
Mentally Retarded ...... ............... $ 28,341,633 Purchase of Mini-buses for
MR Day Care Centers .. ... .... $ 350,000 Supportive Living _......_....._.._._____.$ 1,703,000 Foster Grandparents .. ........ ... ... $ 337,000 Community Residential Services $ 1,626,000 Project Rescue ._._.......__.................... $ 182,500 Drug Abuse Contracts ............... $ 1,295,200 Community Mental Health
Center Services ........__._.....__$ 31,817,097 Undistributed ..._..............__........._..... $ --0--
Total ......._._.......__... ....................I 74,538,880

2871

$ 80,720 13

$ 81,480 15 $ 64,680 10 $ 770,000 0

$ 400,000 0

$ 1,876,000 0

$ 12,841,633 0

$ 350,000 0 $ 1,516,250 0 $ 337,000 0 $ 1,626,000 0 $ 45,625 0 $ 170,883 0

$ 7,612,097 0

$ --0--

0

$ 32,749,002 382

14. Community Youth Services Budget:
Personal Services ....__.......__.............._._........._....$ Regular Operating Expenses .._....._........_..$ Travel .......__......___.....-_........___......_...... ..______.__$ Motor Vehicle Equipment Purchases -..........-..$ Publications and Printing ........................if Equipment Purchases ...................................^ Computer Charges __._._...._.._.,-_.__.._.,,.....__.,,$ Real Estate Rentals ........................... ^ Telecommunications --_--._----. __...-..--_..-----_-$ Per Diem, Fees and Contracts __...--___._--.-_..-.-.$ Utilities ......................-_..........-_-..........-......-..-.$ Postage ..._.._._......____.-.........-.......---------$ Child Care Benefits ........ ............... .....^ Total Funds Budgeted ....... .........-............_......$ State Funds Budgeted ......... ....._........._.........$ Total Positions Budgeted July 1, 1978 Total Positions Budgeted June 30, 1979 Passenger Carrying Motor Vehicles

4,655,645 305,425 245,600 11,000 300 4,2751 --0-- 205,410 131,750 --0-- 28,040 8,890 10,000
5,606,335 3,433,765
395 395 21

Community Youth Services Functional Budgets

Total Funds

State Funds

Group Homes ....

................ f

Attention Homes ___.......................- $

Day Centers ............................ ...$

Community Treatment Centers .... $

Court Services .............. .........

571,160 156,910 532,880 1,103,820 3,021,150

571,160 156,910 532,880 $ 602,400 $ 1,443,370

Pos.
45 2
35 80 218

2872

JOURNAL OF THE SENATE,

Runaway Apprehension __.___,,______._.$ 173,645 Interstate Compact _._....__.._..._.$ 46,770 Undistributed _'---..-..----_....._.._,,._.$ --0--
Total ---.-. -_.._. .__._.__...__..$ 5,606,335

$ 80,275 12

$ 46,770 3

$ --0--

0

$ 3,433,765 395

Budget Unit Object Classes:

Personal Services ----.,,..._-..-,,........._....._.,,_.._.$ 140,715,297

Regular Operating Expenses ,,--..-...__.....,,_ $ 17,515,175

Travel _..--._...-._..--...-....._._-.._...._..,,_....__....$ 386,650

Motor Vehicle Equipment Purchases ........._.$ 200,800

Publications and Printing ___-.--_-_,,__--_._--_.$

66,470

Equipment Purchases ----...--_----_..--__...--_.$ 323,475

Computer Charges ,,_._____..____....___...________,,___..._$ 1,089,000

Real Estate Rentals ,,_____..___________-...__-__..__,,_.$ 278,210

Telecommunications ._--..,,.-.-.,,-_-,,,,_--.,,_..__$ 1,539,450

Per Diem, Fees and Contracts _-_._-_..-._..$ 1,560,050

Utilities .....-,,...................._.,,...__.-....,,.._._........_$ 6,691,782

Postage ___________-,,____-,,.______.___._,,._-___,,_--_-,,_.__.._.$ 145,290

Capital Outlay -.,,_..._......-...__.......__....._....--..$ 1,116,500

Authority Lease Rentals _,,._______________________,,_.$ 4,930,000

Grants to County-Owned

Detention Centers .,,..._........_.....,,......__._....$ 250,000

Reserve for Eastman RYDC ..,,.-...__........._.,,.$ 180,000

Outpatient Pharmaceuticals ------....__._.--._.$ 770,000

Drug Abuse Contracts ._....__....-.--_.-._..--...$ 1,295,200

Developmental Disability

Services Chiefs ._.______.._____~.____.-___..-_..~-.-..$ 400,000

Day Care Centers for the

Mentally Retarded .-._........._..-.,,.._-_-.....-$ 28,341,633

Purchase of Mini-buses for

MR Day Care Centers __._,,_..____.______.-__.$ 350,000

Group Homes for the Mentally Retarded ...._.$ 1,876,000

Supportive Living Benefits ._._..._........._....-.$ 1,454,000

Supportive Living Staff .._._.,,___..-.___._,,__..-__$ 249,000

Foster Grandparents .....__.__........__...._.---$ 337,000

Community Residential Services _----.,,--_.--$ 1,101,000

Community Residential Services Staff ._--... $ 525,000

Community Mental Health

Center Services __._._...-......_........_...._--_..$ 31,817,097

Project Rescue .....................-.....---..--.-...--I 182,500

Child Care Benefits .._,,.._............_.....__._..-$

10,000

Total Positions Budgeted July 1, 1978

13,259

Total Positions Budgeted June 30, 1979

13,006

Passenger Carrying Motor Vehicles

586

Provided, that of the above appropriation relating to Capital Outlay, $275,000 is designated and committed for Fire Marshal renovations at Atlanta Regional Hos
pital.

Provided, that of the above appropriation relating to Capital Outlay, $31,500 is designated and committed for construction of a Maintenance facility at the Georgia
Mental Health Institute.

MONDAY, MARCH 6, 1978

2873

It is the intent of this General Assembly that of the above appropriation relative to Regional Youth Develop ment Centers, $20,000 is for the initial operational costs of a Regional Youth Development Center in DeKalb County.

Provided, that of the above appropriation relating to Community Mental Health Centers, Day Care Centers for the Mentally Retarded and Group Homes for the Mentally Retarded, payments shall be made only to service providers who maintain compliance with the reporting requirements of the Department of Human Resources.

Provided, that of the above appropriation relating to Day Care Centers for the Mentally Retarded, $19,460 is for equipping the Carroll County Center.

Provided, that of the above appropriation relating to Capital Outlay, $810,000 is designated and com mitted for the construction of a Regional Youth Develop ment Center at Lawrenceville, Georgia.

Provided that of the above appropriation related to MR Day Training Contracts in the MH/MR Community Services Activity, $5,000 is designated and committed for renovations at the MR Day Training Center of Meriwether County.

Provided, that of the above appropriation relating to Day Care Centers for the Mentally Retarded, $100,000 is designated and committed for operating and start-up costs of a new center serving Towns and Union counties.

i Provided, that of the above appropriation relating to Community Mental Health Center Services, $110,000 is designated and committed for 10 accountants.

Provided, that the Department is hereby authorized and directed to redirect $564,480 from funds available to the Georgia Building Authority (Hospital) for Life Safety Code renovations at Savannah Regional Hospital ($308,480) and Northwest Georgia Regional Hospital
($265,000).

Section 29. - Department of Industry and Trade.
A. Budget Unit: Department of Industry and Trade -----..--------------$ 7,261,982

1. Industry Budget:
Personal Services _.,,_______________.__.,,.___._._....---.$ Regular Operating Expenses --.,,,,,,_._----_.__$

455,333 15,400

2874

JOURNAL OF THE SENATE,

Travel .............................................. ^
Motor Vehicle Equipment Purchases ............. ^ Publications and Printing __________________________ $ Equipment Purchases ................--.....................I Computer Charges --______________________________________.$ Real Estate Rentals --.-_______--....--....---__._______.$ Telecommunications ..........................................^ Per Diem, Fees and Contracts ~_-_-.--..__________.$ Total Funds Budgeted ________,,--___..._.....____________ $ State Funds Budgeted ................................. ^ Total Positions Budgeted

41,500
--0-- 2,000 5,100
--0-- --0-- --0--
12,000" 531,333 531,333
24

2. Research Budget:
Personal Services _______________--....-..--________________.$ Regular Operating Expenses ----.--__------_._.$ Travel _...-...-...-.__.-_,,.._________-..-._____________________ $ Motor Vehicle Equipment Purchases _______._____.$ Publications and Printing ....................^ Equipment Purchases ----.--._------_.._----_...--.$ Computer Charges --_--,,__--__~._,,_.,,.,,,,.......$ Real Estate Rentals ...^ ....................$ Telecommunications -.--.-_--...---------..__--.--.---$ Per Diem, Fees and Contracts ........................$ Total Funds Budgeted ..,,...............................__.$ State Funds Budgeted .....................................^ Total Positions Budgeted

250,000 20,550 2,700 --0-- 32,000
925 14,150 --0-- --0-- 2,000 322,325 322,325
16

3. Tourism Budget:
Personal Services .........................................$ Regular Operating Expenses _-.--___...------$ Travel .................................................................^ Motor Vehicle Equipment Purchases ............$ Publications and Printing __.............._..........._$ Equipment Purchases ___________-----------------_$ Computer Charges ._.._....-.....--..._.._..-.--.$ Real Estate Rentals ......................................--.^ Telecommunications -,,,,,,.,,----------_--__._-- Per Diem, Fees and Contracts .__________,,____$ Local Welcome Center Contracts _...-..--_._.$ Capital Outlay ._..____-,,,,_,,.,,._......__._..__....% Historic Chattahoochee
Commission Contract .............. .^..................$ Total Funds Budgeted .................................... $ State Funds Budgeted ....................^ Total Positions Budgeted

1,131,050 277,900 69,000 --0-- 155,400 14,521 7,500 --0-- 5,000 52,200 75,230 61,130
35,000 1,883,931 1,883,931
101

4. Internal Administration Budget:
Personal Services ,,....-..-...._.......--.-.........--.....$ Regular Operating Expenses ......................... ^ Travel ._......_...._.__.._.,,.__..___.__.....................$ Motor Vehicle Equipment Purchases _...._.--.$ Publications and Printing .-_._...-._....__...,,.._ $ Equipment Purchases ......................................^

439,702 208,589
17,000 19,500 50,000 1,650

MONDAY, MARCH 6, 1978

2875

Computer Charges _....._......__.___.__.____._._.___..______.$ Real Estate Rentals ................. .... ........ $ Telecommunications ...._..--. _.......__.........._.....$ Per Diem, Fees and Contracts ..................... $ Postage .._..-_-__...._-.........- -_....-.....___._._......__.... $ Georgia Ports Authority--
Authority Lease Rentals ............ .....__.....$ Georgia Ports Authority--
General Obligation Bond Payments ....... $ Total Funds Budgeted ...... ...-_.._______....._.._..$ State Funds Budgeted ...._...._.......__....._..,_.$ Total Positions Budgeted

7,500 167,052
90,000 18,000 162,000
2,790,000
500,000 4,470,993 3,180,993
25

5. International Budget:

Personal Services

.................... .........._...$

Regular Operating Expenses .... ............. $

Travel ......--__... ....__................-_._............._.$

Motor Vehicle Equipment Purchases .......... $

Publications and Printing ... ............................^

Equipment Purchases . .. ... ... ... ...... $

Computer Charges ... ................... ..._.___.... $

Real Estate Rentals ..... ____........._.__.__...___...__.$

Telecommunications ....... ........--...... ..--......_.$

Per Diem, Fees and Contracts ....... ........... $

Total Funds Budgeted .............. ................. .... $

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

Total Positions Budgeted

173,000 43,100 40,000
--0-- 12,000 2,350 9,500 29,900 14,000
191,550 515,400 515,400
9

6. Advertising Budget:
Advertising ..__._........._...........__.......................... $ Total Funds Budgeted ._...................................$ State Funds Budgeted ............ ................... $ Total Positions Budgeted

828,000 828,000 828,000
0

Budget Unit Object Classes:
Personal Services . .......... ..... ...... .............. $ Regular Operating Expenses ............. ...._____$ Travel ........_..........._.....................-........-..._.... $ Motor Vehicle Equipment Purchases ......... $ Publications and Printing ............................. $ Equipment Purchases ...._. .......... ........ ._...$ Computer Charges .......................................... $ Real Estate Rentals .__.____....____.._......_..___......_,, $ Telecommunications ...................................... $ Per Diem, Fees and Contracts .__..........__.........$ Postage .___..__.....__.--.__------- $ Capital Outlay __...........-_.._........._..-............-..... $ Local Welcome Center Contracts ................ $ Advertising ......___...........,,.............-.-................ $ Georgia Ports Authority--
Authority Lease Rentals ..............................^ Georgia Ports Authority--
General Obligation Bond Payments ............$

2,449,085 565,539 170,200 19,500 251,400 24,546 38,650 196,952 109,000 275,750 162,000 61,130 75,230 828,000
2,790,000
500,000

2876

JOURNAL OF THE SENATE,

Historic Chattahoochee Commission Contracts .....---....__...
Total Positions Budgeted Passenger Carrying Motor Vehicles

35,000 175 10

For general administrative cost of operating the Department of Industry and Trade, including advertis ing expense.

B. Budget Unit: Authorities _-_--__-....._....._-..$ --0--

1. Georgia World Congress Budget:
Personal Services ,, ............. .....,,.__......... $ Regular Operating Expenses ._.._.-__._.._._--. $ Travel _-_._..-....-.._-__--.......-..--.-.$ Motor Vehicle Equipment Purchases --.__--,,.$ Publications and Printing ._:_.._.._....._.._. $ Equipment Purchases ............................... ^ Computer Charges ................................ ....^ Real Estate Rentals .................................. ^ Telecommunications ................................ $ Per Diem, Fees and Contracts ____...____...,,...._. $ Capital Outlay .............................^ Total Funds Budgeted ...................................^ State Funds Budgeted ............................^ Total Positions Budgeted

1,836,867 686,380 15,000 --0-- 8,000 50,000 720 --0-- 35,000 102,800 25,000
2,759,767 --0--
106

2. Georgia Ports Authority Budget:
Personal Services ......................................... ^ Regular Operating Expenses
and Computer Charges __.__.._____.___..._.__,,_.$ Travel .......................................................... $ Motor Vehicle Equipment Purchases,
Equipment Purchases and Capital Outlay -_._.-._-._. ..... ---_-..----. $ Publications and Printing ............................ ^ Repayments for State General Obligation Bonds and Authority Lease Rental Obligations ._._...........,,_._.. $ Per Diem, Fees and Contracts .................. i Other Debt--Service Payments ..-.-.._-..._..._. $ Total Funds Budgeted .............................$ State Funds Budgeted ____-_.___..._.___.___--...-----$ Total Positions Budgeted

12,727,000
5,357,000 330,584
4,578,049 75,000
1,290,000 176,000 679,100
25,212,733 --0-- 721

Budget Unit Object Classes:
Personal Services ..:.-.._--..._-...--.._.....-.._- $ Regular Operating Expenses .........................^ Travel .__,,.._.,,__...._,,.,,._._.__....-......._..._-..... $ Motor Vehicle Equipment Purchases ..--.----$ Publications and Printing ............................. ^ Equipment Purchases .....................................4

14,563,867 686,380 345,584 --0-- 83,000 50,000

MONDAY, MARCH 6, 1978

Computer Charges -- .---,,.--...-.._._______.._......__..$ Real Estate Rentals ......-_._.....-_...........--........ $ Telecommunications -__------__...-.--_-__.,,.--._.--_. $ Per Diem, Pees and Contracts ......_.....--._..._._ $ Capital Outlay _....._.__..-,,..-....-_-....________......._.,,.. $ Regular Operating Expenses,
Computer Charges --.--._---_--..-.__.______.. $ Motor Vehicle Equipment Purchases,
Equipment Purchases and Capital Outlay ...................... $ Repayments for State General Obligation Bonds and Authority Lease Rental Obligations __.._._............._..$ Other Debt--Service Payments ...... _____________ $
Total Positions Budgeted Passenger Carrying Motor Vehicles

35,000 278,800 25,000
5,357,000
4,578,049
1,290,000 679,100 827 36

It is the intent of this General Assembly that to the extent that gross income from operations exceeds the amount contemplated in this Appropriations Act, such excess may be applied toward the cost of operations, pro vided that budget amendments reflecting such proposed applications are provided to the Office of Planning and Budget and the Legislative Budget Office at least two weeks prior to such application of funds.
Section 30. Department of Labor.
A. Budget Unit: Inspection Division ._.__....___.__.$

526,069

Inspection Division Budget:
Personal Services ..___.._.....__........_.-..- $ Regular Operating Expenses ..........--._..._...... $ Travel ___.____.--.____.-_____--.._._---$ Motor Vehicle Equipment Purchases ..--_.--.$ Publications and Printing __.___.__.._.___.._._____._.. $ Equipment Purchases _-.......___....--____________...,,_$ Computer Charges ___._--..-- ...------._--..------$ Real Estate Rentals __.-.-_..._._.._.-.....___.-._$ Telecommunications .._..__..____.._____.__._._._..__._ $ Per Diem, Fees and Contracts ...--_..........._.__. $ Total Funds Budgeted __..........._..............._...... $ State Funds Budgeted ........._..............__.......... $ Total Positions Budgeted

430,000 10,600 70,000
--0-- 1,500
--0-- --0--
7,969 5,000 1,000 526,069 526,069
28

Budget Unit Object Classes:
Personal Services -....__..........._..,,-_........._.--.____. $ Regular Operating Expenses -.------------- $ Travel ..........._..-.........._.._..........-..-._....-...- $ Motor Vehicle Equipment Purchases .-......,,.$ Publications and Printing ,,........_._.....__,,.._..... $ Equipment Purchases .----.--.... .----...,,.------.$ Computer Charges ..........................._..._.........$ Real Estate Rentals ..........................................I

430,000 10,600 70,000 --0-- 1,500 --0-- --0-- 7,969

2878

JOURNAL OF THE SENATE,

Telecommunications ____........_.,,__,,_..........._.___..__. $ Per Diem, Pees and Contracts ___._.______.,,.__,,__ $ Total Positions Budgeted

5,000 1,000
28

B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training ..............._._,,_..__..._.......,,.............. $

2,380,071

1. Basic Employment Security and W.I.N. Budget:

Personal Services ,,_..-......................_........... .___.$" Regular Operating Expenses .........................^ Travel --__._.__.___,.- ,,......,,__.._.._.........._.......... $ Motor Vehicle Equipment Purchases _--.___,, $ Publications and Printing _,,..._.________._...__.,,_.___.$ Equipment Purchases .....................................$
Computer Charges ..................................... ^
Real Estate Rentals .............................. $ Telecommunications ...................._..,,.....,,......._. $ Per Diem, Fees and Contracts __..__,,__.._--,,__ $ W.I.N. Grants ...................................$ Total Funds Budgeted __.,,.,,__............._..........$ State Funds Budgeted ___..__.._.._._.__.._..,,$ Total Positions Budgeted

26,353,308 3,316,506
670,000 --0--
21,000 215,000
5,340
1,227,902 676,000
3,476,000 1,000,000 36,961,056 1,310,041
1,632

2. Comprehensive Employment and Training Act (CETA) Budget:
Personal Services ..........................................$ Regular Operating Expenses ........................$ Travel ___.___.____..--._-___________...__.____._.. $ Motor Vehicle Equipment Purchases _--.__.__ $ Publications and Printing .........................$ Equipment Purchases ........................... ...........$ Computer Charges ..........................................^ Real Estate Rentals .........................................$ Telecommunications _..__.--,,-...._.........,,..---__.$ Per Diem, Fees and
Contracts (CETA) _-..-.___.._._____________-._._____.$ CETA Direct Benefits _...___.___._______.___________...__ $ Total Funds Budgeted ............................. ^ State Funds Budgeted ..............................4 Total Positions Budgeted

7,781,447 2,018,831
350,000 --0--
15,000 75,000 1,471 86,484 150,000
2,030,000 80,000,000 92,508,233
--0-- 450

3. Correctional Services Budget:
Personal Services ..^. ....................................$ Regular Operating Expenses ....--.--...------ $ Travel ...............^.. .........................$ Motor Vehicle Equipment Purchases ...........$ Publications and Printing ....................... ........^, Equipment Purchases _..--....._........__...,,,,_.....$ Computer Charges ..._..........._._,,...._...._.........$

937,684 24,846 29,000
--0-- --0--
--0-- 189

MONDAY, MARCH 6, 1978

2879

Real Estate Rentals .._._..._...,,........_..........._.-.. $ Telecommunications -------_--__--_. _....--,,....,,..$ Per Diem, Fees and Contracts .___,,_.____.-.___.._. $ Total Funds Budgeted ............................ ^ State Funds Budgeted .__.__..._..__,,__.___...___,,.... $ Total Positions Budgeted

27,511 16,600 34,200 1,070,030 1,070,030
62

Budget Unit Object Classes: Personal Services .......................$ Regular Operating Expenses .._....._.......,,_.....$ Travel .._._.._,,_._.._..._._..._.._......_.._...._._.,,_ $ Motor Vehicle Equipment Purchases ......_.,, $ Publications and Printing ....__..._..............,,...._$ Equipment Purchases ,,.....................,,..,,.....__$ Computer Charges ........................... $ Real Estate Rentals ...__._. ................... ^ Telecommunications __,,.,,__._..___.___.___..___..__________.$ Per Diem, Fees and Contracts (CETA) .,,..._,,-,,.-...-_.._...._...-_. $ Per Diem, Fees and Contracts ...,,.-......._...._- $ W.I.N. Grants _.-_.. ... ... _,,._...- $ CETA Direct Benefits .-.__-_-_--._,,.-__..,,_.-_.$ Total Positions Budgeted Passenger Carrying Motor Vehicles

35,072,439 5,360,183 1,049,000 --0-- 36,000 290,000 7,000 1,341,897 842,600
2,030,000 3,510,200 1,000,000 80,000,000
2,144 0

Section 31. Department of Law. Budget Unit: Department of Law ...................I 2,694,820

Attorney General's Office Budget:
Personal Services _.-.,,__--__..___~__~__.._-..-__.-__ $ Regular Operating Expenses ..,,__._....._ .__._.. $ Travel .._..__.....__..__.._..__.__,,..._-.._..._._..._ $ Motor Vehicle Equipment Purchases _.._...,, $ Publications and Printing ..__...,,.__...._......,,... $ Equipment Purchases _....--..._..--..._.._......._._. $ Computer Charges ..-__.._.._...,,...-........_..,,..._.._.$ Books for State Library ____,,_..._.__...__._.._..__,,___$ Real Estate Rentals ._-...,,_.._......_........,,..,,.-_.$ Telecommunications ...--_.._._....--_..-_.....,,..,,._. $ Per Diem, Fees and Contracts ...-...._..----.....$ Capital Outlay ....._.._.._...._......._...._.._.._....._,,._ $ Total Funds Budgeted ._-_..-__......._...--. .... $ State Funds Budgeted ...................................I Total Positions Budgeted

2,447,000 149,800 70,000 --0-- 27,000 17,020 200 39,000 --0-- 60,000 30,000 --0--
2,840,020 2,694,820
109

Budget Unit Object Classes:
Personal Services __. ._._______.____,,,,___...___..._.._______ ? Regular Operating Expenses ._...,,,,_.-..........-$ Travel .. ...^. ..-..-.................. ..^ Motor Vehicle Equipment Purchases ___.___.,,_ $ Publications and Printing ......................... ^ Equipment Purchases ^............................ ...^

2,447,000 149,800 70,000 --0-- 27,000 17,020

2880

JOURNAL OF THE SENATE,

Computer Charges ------------_----_--.__--$ Real Estate Rentals ------------------------$ Telecommunications ------------------_------. $ Per Diem, Fees and Contracts ._----_----$ Books for State Library ----.-..--_------------$ Capital Outlay .................................................. ^ Total Positions Budgeted Passenger Carrying Motor Vehicles

200 --0--
60,000 30,000 39,000 -- 0--
109 1

For the cost of operating the Department of Law provided that the compensation of all Assistant Attor neys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any agency of the State in the Executive Branch of State Government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimbursement
to the Department of Law as provided by law.

Provided, however, that of the above appropriation relative to regular operating expenses, $38,000 is desig nated and committed for Court Reporter Fees.

Section 32. Department of Medical Assistance. Budget Unit: Medicaid Services ....................... ^ 130,546,852

1. Commissioner's Office Budget:
Personal Services ............................................^ Regular Operating Expenses ------------$ Travel ............................................................^ Motor Vehicle Equipment Purchases _.------.$ Publications and Printing ----------_------__$ Equipment Purchases --_----_--------.----.$ Computer Charges --------------------------$ Real Estate Rentals ................................J$ Telecommunications ------------------------.$ Per Diem, Fees and Contracts ------------$ Total Funds Budgeted ..................................^ State Funds Budgeted .................................^ Total Positions Budgeted

414,766 49,455 40,300 --0--
532 1,760 --0-- 28,100 10,400 62,500 607,812 220,878
22

2. Administration Budget:
Personal Services ..--.--_--_.--__----_--$ Regular Operating Expenses --_.----------$ Travel .._..__......__._._._...__._.__.............^ Motor Vehicle Equipment Purchases _------f Publications and Printing _-.____.----------.$ Equipment Purchases _----.--------------_,,$

673,702 119,739
4,600 --0--
10,500 9,660

MONDAY, MARCH 6, 1978

2881

Computer Charges _~...----~_.._....--.........__..--$ Real Estate Rentals ........................................I Telecommunications ...._-___.._..__,,_...-._______._$ Per Diem, Fees and Contracts ....................I Total Funds Budgeted .................................. ^ State Funds Budgeted _...-.__..___....._._____._________.$ Total Positions Budgeted

--0-- 66,500 26,600 250,000
1,161,301 522,101 52

3. Program Management Budget:
Personal Services ___.....__.....___.___,,.____...___.__.__.$ Regular Operating Expenses .--...........--_....$ Travel _.............._..._..__.._.._._._._......_._....$ Motor Vehicle Equipment Purchases --.._..--.$ Publications and Printing .............................$ Equipment Purchases ...................................^ Computer Charges __..---.--.....--..._.----..-...._..$ Real Estate Rentals ....,,............_...._.............$ Telecommunications ...............,,.......,,_..........._...$ Per Diem, Fees and Contracts ........_....--...... j Contracts for Hospital Audits ._-_.........._--..,, $ Contracts for Nursing Home
and Dental Audits --...........----....-.......--.....$ Contract with Georgia Medical
Care Foundation ...........................................^ Total Funds Budgeted .............................^ State Funds Budgeted ....__................._,,_..,,$ Total Positions Budgeted

679,000 146,800
4,900 --0--
30,000 10,300 --0-- 46,500 21,900 80,000 185,000
600,000
1,300,000 3,104,400 1,441,500
47

4. Operations Budget:
Personal Services ....._...__.............__..._._.._...$ Regular Operating Expenses --_------..,,-_--.$ Travel ._.....,,....._._._.___.........................^ Motor Vehicle Equipment Purchases ....._.....$ Publications and Printing ........._....._..............$ Equipment Purchases ........................................$ Computer Charges ...........................................$ Real Estate Rentals ........................................$ Telecommunications ..._-._.---__.-__--------.--.$ Per Diem, Fees and Contracts .--_.._--_.--._.$ Total Funds Budgeted --......_...__...-_-.-..._..... $ Indirect DO AS Services Funding ._......_.......$ Agency Funds _..._..._.._.._._,,..,,.._......_._..$ State Funds Budgeted ..__............................. ^ Total Positions Budgeted

1,560,000 526,500 2,100 --0-- 15,200 26,600
6,771,000 88,400 157,900
--O-- 9,147,700 2,000,000 6,896,699
251,001 124

5. Benefits Payments Budget:

Medicaid Benefits -...___.._..-_,,..._.-...._.....__$ 394,583,629

Payments to Counties

for Mental Health ....._......_....._......_...,,$ 4,000,000

Adult Emergency Dental Services _..._.........$ 3,300,000

Total Funds Budgeted --....-..-................--....I 401,883,629

State Funds Budgeted ...............................^- 128,111,372

Total Positions Budgeted

0

2882

JOURNAL OF THE SENATE,

Budget Unit Object Classes:

Personal Services -_-_-_.._,,.-________.-__..._,,,,__-____.__ $ 3,327,467

Regular Operating Expenses _-----_--_--__--_ $ 842,494

Travel ..__.___.__.__.____________________$

51,900

Motor Vehicle Equipment Purchases .,, _______ $ --0--

Publications and Printing ___.__-_._,,-.--_.__.__-__._ $

56,232

Equipment Purchases _________ ,,------,,--_.,,.--$

48,320

Computer Charges __._,,___.-.___-____------_._________.$ 6,771,000

Real Estate Rentals _-_______________-____________.____.__...$ 229,500

Telecommunications ________,,-----------_---- $ 216,800

Per Diem, Fees and Contracts _-______________.__,,_.$ 392,500

Medicaid Benefits ___.___..,,._-___...__..__-.-.._..._____.$ 394,583,629

Payments to Counties for

Mental Health ._.___._.__________._-_-_-.___________$ 4,000,000

Adult Emergency Dental Services _-______._.___.._.$ 3,300,000

Contracts for Hospital Audits _-.-__-.,,___-_-____._.$ 185,000

Contracts for Nursing Home

and Dental Audits ________-________-______________.._,,_._.? 600,000

Contract with Georgia

Medical Care Foundation _______._______..._.__..__. $ 1,300,000

Total Positions Budgeted

245

Passenger Carrying Motor Vehicles

5

It is the intent of this General Assembly that with regard to the above appropriation for Adult Emergency Dental Services, treatment of mandibular and maxillary fractures and dislocations be among the services contem plated in this appropriation, but that payment for res torative dental services and orthodontic services shall not generally be made from this appropriation.

Section 33. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration Agency Assessments -----__--,,___-----

. $ 2,849,736

1. Applicant Services Budget:
Personal Services ___.______..__._______..._,,___.____________.$ Regular Operating Expenses ______________________ $ Travel __.____________..-.___-_______.___________-$ Motor Vehicle Equipment Purchases ___ _______ $ Publications and Printing _______________________________ $ Equipment Purchases ___._._____.___._------_______.___$ Computer Charges -_______-_____________-.___--__-____-___$ Real Estate Rentals _,,.-__-_-__,,.__-_________-_.,,_____$ Telecommunications --.._,,_----__--------_----.$ Per Diem, Fees and Contracts ._.,,_-.__-___-____..$ Postage ________._...__.___________.____.__..__._...___.____$ Total Funds Budgeted __..._..,,_-___,,_-______________._.$ Agency Assessments -_-_-__--_----------_.----_-- $ Total Positions Budgeted

563,580 15,500 4,100 --0-- 35,300
5,100 247,000
1,650 9,300 20,000 33,500 935,030 935,030
39

MONDAY, MARCH 6, 1978
2. Classification and Compensation Budget:
Personal Services ....._....-...-............_..._..._......$ Regular Operating Expenses -.--..._. --....--_.. $ Travel .._.._-..-....._..._._..-.-.._..._.-......_......$ Motor Vehicle Equipment Purchases _..._....,,$ Publications and Printing _..___..___._________.__..____. $ Equipment Purchases --..-_..-.-_-.___.,,__-..._--___-.._.$ Computer Charges .._..._...._..._.____.__.________._____.$ Real Estate Rentals .,,__.-._.....__...___._._._____.___._$ Telecommunications . .--.--..---.----.-._..._.----. $ Per Diem, Fees and Contracts ......... _.-._--__$ Postage .....,,...-....-....-._--.-.--_-..--._....._.-..$ 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 ..-.._-.....___...._,,.__.___..__.$ Computer Charges _......_...._....__-._._.._..._..........$ Real Estate Rentals ..... ....................... ........$ Telecommunications .......... ..._.,,_____._.___.___.$ Per Diem, Fees and Contracts .._........._........$ Postage ... -...-...-...-....-.-.-.....- .........._......._.__$ Total Funds Budgeted ........._.............,............? Agency Assessments __--.--...__._..----.--.._.$ Total Positions Budgeted
4. Employee Training and Development Budget:
Personal Services __..._..__........__................. $ Regular Operating Expenses ........................I Travel .__._....._..__.............__...._.......... $ Motor Vehicle Equipment Purchases --._...... $ Publications and Printing _--....--_....._..._._$ Equipment Purchases _...--.--..--.--........--....$ Computer Charges .........._................................$ Real Estate Rentals ...._...-........__-..............._.$ Telecommunications . _.--._..----------.--.--.... $ Per Diem, Fees and Contracts .....................$ Postage -.--------_................................ $ Total Funds Budgeted -_---.--.-...-....---...... $ Agency Assessments ..................................... $ Total Positions Budgeted
5. Health Insurance Administration Budget:
Personal Services ......................._................_..$

2883
351,000 4,490 3,500
--0-- 9,270 1,400
85,600 --0--
5,100 5,000 2,200 467,560 467,560
22
291,000 11,610 2,800 --0-- 12,600 1,080 121,000 --0-- 4,200 --0--
1,200 445,490 437,140
21
281,879 10,520 9,800
--0-- 8,520 2,900 1,000
--0-- 5,850
88,500 3,200
412,169 357,169
17
209,000

2884

JOURNAL OF THE SENATE,

Regular Operating Expenses ......--............--.^ Travel ............................................................^ Motor Vehicle Equipment Purchases --_...-- $ Publications and Printing ................................^
Equipment Purchases .......................................^ Computer Charges .,,._...._....__._........._.._...,,.. $
Real Estate Rentals .................................... ^ Telecommunications -.__-_..-________..____._.--. $ Per Diem, Fees and Contracts .....................$ Postage -_.___._______-____________.__.--__.___-._---. $ Total Funds Budgeted -...----..-----$
Other Health Insurance Agency Funds ...............................................$
Employer and Employee Contributions ___---_------- $
Total Positions Budgeted

5,200 1,000 --0-- 3,900 1,920 10,350 17,100 11,800 1,112,600 14,000 1,386,870
150,000
1,236,870 14

6. Health Insurance Claims Budget:
Personal Services --_......................................^ Regular Operating Expenses ____,,________,___.___.$ Travel __._-_.-__._-_.__.__............................i Motor Vehicle Equipment Purchases --------$ Publications and Printing .__-.___.,,____,,,_--._- $ Equipment Purchases ......................................$ Computer Charges ._,,__._-----,,--.---_-_.-__-_$ Real Estate Rentals ......................................^ Telecommunications .------------,,.--------.--_.. $ Per Diem, Fees and Contracts ........................^ Postage ---_-----_--_--._-----.-----------------$ Health Insurance Claims ._.._..._-_.--..-..---. $ Total Funds Budgeted ___...__,,.__.___.____._-_-_ $ Other Health Insurance
Agency Funds __._.._.._..-..-..,,......_..._-..-.$ Employer and Employee
Contributions _..__._.....__.-._._.-__.......-....$ Total Positions Budgeted

--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- 35,469,000 35,469,000
4,800,010
30,668,990 0

7. Internal Administration Budget:
Personal Services ............................^ Regular Operating Expenses .._......._..._.._..$ Travel ,,._..___._..__.....___.___.._________.____. $ Motor Vehicle Equipment Purchases --._.--.$ Publications and Printing ___..____._____.___.._....,,$ Equipment Purchases ,,--._-__._-_._--..,,_.--._--_ $ Computer Charges ....-_-.._...-.-....__.-,,...._-..--.... $ Real Estate Rentals ..................................4 Telecommunications ------._--.,,-.,,_,,--,,_--,,--.$ Per Diem, Fees and Contracts .....-..-.._--......$ Postage --.-.-.-..-...-.-----------------$ Federal Sub-grants to
State and Local Agencies ....................... ^ Total Funds Budgeted ....................................^ Agency Assessments ......................................... ^ Employer and Employee Contributions .. ... $ Total Positions Budgeted

282,922 8,410 1,500
--0-- 5,320 16,850
132,840 --0--
4,200 2,700 1,140
283,640 739,522 388,552 34,370
20

MONDAY, MARCH 6, 1978
8. Commissioner's Office Budget:
Personal Services ............................................ ^ Regular Operating Expenses ..........................^ Travel ................ ......^..................... ........ ^ Motor Vehicle Equipment Purchases .....---- $ Publications and Printing _______..._______________-.,,_.$ Equipment Purchases ---..____._---.._._._.____----.$ Computer Charges .........................................^ Real Estate Rentals ......................................4 Telecommunications _.----,,..__---...._______._,,---..$ Per Diem, Fees and Contracts --.--.___ ___...,,--$ Postage -_-----..__-------..___..___-.....$ Total Funds Budgeted ...-_..___..........._.______.______.$ Agency Assessments .._.................. ......,,........$ Total Positions Budgeted

2885
179,800 5,680 6,000
--0--- 5,800 605
--0-- --0--
3,300 60,000 3,100 264,285 264,285
7

Budget Unit Object Classes:
Personal Services .............................................$ Regular Operating Expenses _--__----------.$ Travel .._..__._..._._.._......_._.._.._._._._......._...-._..$ Motor Vehicle Equipment Purchases ......--.. $ Publications and Printing .............................. ^ Equipment Purchases ................--.....................^ Computer Charges ............................................$ Real Estate Rentals ......................................... ^ Telecommunications -_...............................--^ Per Diem, Fees and Contracts .........._..._~_...$ Postage ---...---.-------...------...----$ Federal Sub-grants to
State and Local Agencies ..-._._..._,,____,,..... $ Health Insurance Claim Payments .._.....,,.... $ Total Positions Budgeted Passenger carrying Motor Vehicles

2,159,181 61,410 28,700
--0-- 80,710 29,855 597,790 18,750 43,750
1,288,800 58,340
283,640 35,469,000
140 0

Section 34. Department of Natural Resources.
A. Budget Unit: Department of Natural Resources ._......._---_-.,,_.___._--_.__.

..$ 37,464,461

1. Internal Administration Budget:
Personal Services ..................................^ Regular Operating Expenses _............_.,,_..... $ Travel _....-._...-.._._-_.._...__...................^ Motor Vehicle Equipment Purchases -...._.-- $ Publications and Printing ............................. ^ Equipment Purchases ............._._.._................. $ Computer Charges ........................................... ^ Real Estate Rentals ._...................._.............. $ Telecommunications __.._.---,,-..-.--...-..._.-_ $ Per Diem, Fees and Contracts ....................... $ Grants to the City of Atlanta ......................... ^

1,309,000 275,700 19,000 --0-- 140,000 10,500 132,700 21,000 46,200 34,000
1,500,000

2886

JOURNAL OF THE SENATE,

Total Funds Budgeted ---.--.-..-....._.._._.___$ State Funds Budgeted .................................... $ Total Positions Budgeted

3,488,100 3,488,100
85

2. Information and Education Budget:
Personal Services ._...._____..__.__.._...._..__..._....._.. $ Regular Operating Expenses ......................... $ Travel --.-_.._._,,________......_____........_.........._...__ $ Motor Vehicle Equipment Purchases .......,,.. $ Publications and Printing ___.___.__.._______._________.$ Equipment Purchases ..................................... i Computer Charges ___..__..__.___..._.__......___.....___.___$ Real Estate Rentals .....--.................................$ Telecommunications ....__________.___.___.____._..___.___.$ Per Diem, Fees and Contracts ....___.__..___.___.___.$ Capital Outlay--Repairs and
Maintenance __.._..............._..........._................ $ Total Funds Budgeted .....-.............................$ State Funds Budgeted ......_._........_............_...... $ Total Positions Budgeted

502,000 97,960 15,000 23,800 315,000 33,000
1,820 --0--
28,000 8,900
12,500 1,037,980
888,980 35

3. Planning and Research Budget:
Personal Services ... ..........................................I Regular Operating Expenses ......................... $ Travel ._______________________________________________________ $ Motor Vehicle Equipment Purchases ........... ^ Publications and Printing ............................I Equipment Purchases ....................................... $ Computer Charges ........................................... ^ Real Estate Rentals ..............................__..__._.$ Telecommunications __...._._._._......._............... $ Per Diem, Fees and Contracts ....................... $ Land and Water Conservation
Grants ................................................$ Recreation Grants ........................................... $ Youth Conservation Corps Grants ...............^ Capital Outlay--Heritage Trust .--..-.......$ Contract--Special Olympics, Inc. .______._______._$ Total Funds Budgeted ..................................... $ State Funds Budgeted ............................... .._..$ Total Positions Budgeted

1,138,133 76,500 50,900
--0-- 40,100 3,060 57,846
--0-- 41,300 131,500
8,500,000 200,000 100,000 823,000 63,000
11,225,338 2,241,377
60

4. Game and Fish Budget:
Personal Services ..-.-.--....................................$ Regular Operating Expenses ............_.. .....$ Travel ..................................................................$ Motor Vehicle Equipment Purchases ............$ Publications and Printing .............................I Equipment Purchases ----.._..........................$ Computer Charges _.._........................._.............$ Real Estate Rentals ----_,,_----------.................$ Telecommunications ..----..____________________________ $ Per Diem, Fees and Contracts ._...._.._..............$

7,285,502 2,181,202
99,698 582,660 36,400 495,132 32,250
2,649 144,100 74,100

MONDAY, MARCH 6, 1978

2887

Capital Outlay--Hatchery Renovation _____ _____________________________________ $
Capital Outlay--Repairs and Maintenance -__--__________________.$
Capital Outlay ______.______:_________ .............. $ Total Funds Budgeted __.__.__.__.___,,__.________ $ State Funds Budgeted __.___._._.______.____._,,_$ Total Positions Budgeted

122,000
68,500 205,491 11,279,684 9,060,522
463

5. State Parks and Historic Sites Operations Budget:
Personal Services __._.___________________$ Regular Operating Expenses __.__.__ ..__......__...$ Travel ..._..._...._..........._..________________________ $ Motor Vehicle Equipment Purchases ,,._..._$ Publications and Printing .-__.______....__.___.___. $ Equipment Purchases __._.____.,,...-:_,,____.$ Computer Charges -__--__----_______________-__$ Real Estate Rentals _______________________________ $ Telecommunications ________________________________ $ Per Diem, Fees and Contracts ________.... $ 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

4,779,391 2,541,900
61,300 156,400 48,800 195,300 --0--
7,150 145,700 60,300 361,000
600,000 200,000 600,000 2,533,000 12,290,241 9,450,241
348

6. Geologic and Water Resources Research Budget:
Personal Services -.__..__.__.__.____.____.__. $ Regular Operating Expenses __..._.._......-___.... $ Travel ___________________________________ $ Motor Vehicle Equipment Purchases ......... $ Publications and Printing ........ ... . ... ....... $
Equipment Purchases _________.__.______..$
Computer Charges .__-__..-_,,_________.__-_.$
Real Estate Rentals __._.._-___._____._...___..?
Telecommunications ____.--._--_----______--. $ Per Diem, Fees and Contracts ................... $
Contract with U. S. Geological Survey for Ground Water Resources Survey __._.__.___.__._,,.___.__ $
Topographic Mapping United States Geological Survey ________._:____. $
Capital Outlay ___..__.._...._.__...___...__.__....__.._._._$
Total Funds Budgeted ...................................$
State Funds Budgeted ______._.__.__.__.._._ $
Total Positions Budgeted

696,690 122,174 45,400 28,000 27,500 21,200 --0--
1,200 12,040 221,500
184,125
375,000 22,000
1,756,829 1,460,829
40

2888

JOURNAL OF THE SENATE,

7. Environmental Protection Budget:
Personal Services _--_._.....__....._._.__._.....- $ Regular Operating Expenses _........_..........-.$ Travel ..____._.,,..__._..._.__..._..__......_..._$ Motor Vehicle Equipment Purchases ._._.___ $ Publications and Printing ......_.----..--...--..$ Equipment Purchases ...._..._......_........._.....,,.$ Computer Charges ._._.._....-...-.._.....-...............$ Real Estate Rentals ........................................I Telecommunications _._._........._..-.-._..._.__$ Per Diem, Pees and Contracts _...___..__.....__..._.$ Solid Waste Grants ._._.._..._............_........._. $ Water and Sewer Grants _..,,.............._........... $ Total Funds Budgeted ._......._.........._...._......_$ State Funds Budgeted __........_..._........._..._....f Total Positions Budgeted

5,542,214 309,534 216,900 52,000 50,000 44,000 210,000 62,388 102,000 468,000 500,000
5,000,000 12,557,036 9,937,036
296

8. Dam Safety Budget:
Personal Services _..._..__...._....._........................$ Regular Operating Expenses _...__._.--..-_...--..$ Travel ._.-__.._.____.._...._-_...._...-......_.............$ Motor Vehicle Equipment Purchases .......--..$ Publications and Printing .._.-..._-..,,--.,,-.._.....- $ Equipment Purchases ._--_...--.--.--.._-._.._.---.$ Computer Charges -_......-...._...--..--..--.._--_..$ Real Estate Rentals ....-................_._._...-_...-...$ Telecommunications -------------------- $ Per Diem, Fees and Contracts ....................... $ Total Funds Budgeted ---------------------- $ State Funds Budgeted ------------------ ? Total Positions Budgeted

81,531 15,070 8,000 8,500 --0-- 4,825 --0-- 4,350 --0-- 20,000 142,276 142,276
5

9. Lake Lanier Islands Development Authority Budget:
Payments to Lake Lanier Islands Development Authority for Operations ._..__._....._..__....................... f
Payments to Lake Lanier Islands Development Authority for Capital Outlay ._..._.._...._..__.....__--._.._...$
Total Funds Budgeted _......__......__..._.......$ State Funds Budgeted _._...........................,,... $ Total Positions Budgeted

499,500
15,600 515,100 515,100
0

10. Jekyll Island State Park Authority Budget:
Payments to Jskyll Island State Park Authority for Operations ............_... $
Payments to Jekyll Island State Park Authority for Capital Outlay ._....__-----_----,,--.----.. $
Total Funds Budgeted ....._............__._......._$ State Funds Budgeted __........__.-....-...._.....$ Total Positions Budgeted

130,000
150,000 280,000 280,000
0

MONDAY, MARCH 6, 1978

2889

Budget Unit Object Classes:
Personal Services __.__..._..._......._--._..--_$ Regular Operating Expenses _.-.._.._.._......- $ Travel ..._..__._._.__:______............_$ Motor Vehicle Equipment Purchases --........ $ Publications and Printing .._____......_.....__.____$ Equipment Purchases ----..--.....--.....--.....,,....$ Computer Charges ---.--_-..---.__..,,...__._--...._._--.$ Real Estate Rentals _-....__..._...._.___...._._____........$ Telecommunications .._......--......--......-.._._.-._ $ Per Diem, Fees and Contracts .................... $ Land and Water Conservation
Grants __...__.....................................__$ Recreation Grants . ....................................$ Youth Conservation Corps Grants ...._......,,. $ Water and Sewer Grants ................................I Solid Waste Grants _...__...........-...-...........$ Contract with U. S. Geological
Survey for Ground Water Resources Survey _.._._,,_.,,_..--.................. $ Contract with U. S. Geological Survey for Topographic Maps ...............__.$ Capital Outlay--Hatchery Renovation --...----...--_....---..._-_--..._-_-...._._.. $ Capital Outlay __._____.______.._____.....____....____._ $ Capital Outlay--Repairs and Maintenance .....-.........-....--...................$ Capital Outlay--Shop Stock ___..__.___.._____._.___$ Capital Outlay--Heritage Trust ....... ..........$ Authority Lease Rentals _..___.__...__._._____...____.$ Cost of Material for Resale ........_...__......_.._.$ Payments to Lake Lanier Islands Development Authority for Operations ..........__........_...._..............$ Payments to Lake Lanier Islands Development Authority for Capital Outlay .._......................__...$ Payments to Jekyll Island State Park Authority for Operations ..................I Payments to Jekyll Island State Park Authority for Capital Outlay -....-__.__........_____...___._..._____._. $ Grants to the City of Atlanta ...._......_...-...__. $ Contract--Special Olympics, Inc. .______..___..._.............................I Total Positions Budgeted Passenger Carrying Motor Vehicles

21,334,461 5,570,040
516,198 851,860 657,800 807,017 434,616 98,737 519,340 1,018,300
8,500,000 200,000 100,000
5,000,000 500,000
184,125
375,000
122,000 588,491
681,000 200,000 823,000 2,533,000 600,000
499,500
15,600
130,000
150,000 1,500,000
63,000 1,889
984

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, that to the extent State Parks and His-

2890

JOURNAL OF THE SENATE,

toric Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Department
of Natural Resources is authorized and directed to use
the excess receipts for repairs and maintenance of State Parks and Historic Sites facilities.

Provided, that of the above appropriation, $63,000 is designated and committed for matching a minimum of $63,000 from other sources for the Georgia Special Olympics Program.

Provided, that in the above appropriation, State Parks and Historic Sites is directed to convert two (2) temporary positions to permanent status at Vogel State Park.

Provided, however, that of the above appropriation relating to Grants to the City of Atlanta, it is the intent of this General Assembly that no more than 20% of the cost of restoring the Cyclorama, including relocation thereof, be paid from this appropriation, and that the Department of Natural Resources establish necessary controls and take such additional action as is neces sary to insure compliance with this provision.

Provided, further, that schoolchildren in scheduled and supervised groups shall not be required to pay any admission fee to tour the Cyclorama.

Provided, that of the above appropriation relative to Capital Outlay $35,000 is designated and committed for a group shelter at George L. Smith State Park.

Provided, however, that $1,000,000 of the above ap propriation for Water and Sewer Grants shall be avail able for allotment for counties and municipalities hav ing reached legally established bond capacity, and that $4,000,000 is designated and committed for grants to local governments for water and sewer projects utilizing a maximum State match of 50% of the total cost of each project. 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.

B. Budget Unit: Authorities ......_..._._-._----.$

1. Lake Lanier Islands Development Authority Budget:
Personal Services ._.__-__.._.......................$ Regular Operating Expenses ._......_.____$ Travel ____-____..__.___._.__.._. $ Motor Vehicle Equipment Purchases _..._$

--0--
737,000 208,500
4,000 12,500

MONDAY, MARCH 6, 1978

2891

Publications and Printing ............ ...............I Equipment Purchases __.._......._._.....___.._.._.__. $ Computer Charges -----------.-._-...-.__-.._.-__..._.$ Real Estate Rentals ._--....................................$ Telecommunications -------..-._--_---.--_--_..__..__. $ Per Diem, Fees and Contracts __.._____.___..__..__ $ Capital Outlay .._.._.................................... $ Promotion Expenses ....... __..._........_....__..___.___.$ Total Funds Budgeted .--._.-_._-__._.-.....$ State Funds Budgeted ....... .........._................._.$ Total Positions Budgeted

75,000 10,500 --0-- --0-- 14,000 38,000 31,200 --0-- 1,130,700 --0--
53

2. Jekyll Island State Park Authority Budget:
Personal Services ---.-----------..-._-__._.__..__._ $ Regular Operating Expenses --__....--_....---.$ Travel _--_--_..-.__-_-..__,___..___._.____... __________ $ Motor Vehicle Equipment Purchases .-..--... $ Publications and Printing ................ ........... $ Equipment Purchases . .... ... .......... $ Computer Charges _..,,.........__..,,..........,,..._._..$ Real Estate Rentals ..................................... $ Telecommunications --..____.__..__.-__...._-_......._____ $ Per Diem, Fees and Contracts -....--.............. $ Mortgage Payments .....................-..............._.$ Capital Outlay .............................................. $ Promotion Expenses ....-...-...,,.._.-..-...,,......_...._.$ Total Funds Budgeted ......................--..........$ Payments from the Department
of Natural Resources -.......---.....-...-..-....-....$ Other Funds __ ..........-..-..-....-... ................$ Total Positions Budgeted

1,994,365 1,080,700
10,000 --0--
40,000 80,000 8,500 --0-- 22,000 75,000 150,300 150,000 --0-- 3,610,865
280,000 3,330,865
220

Budget Unit Object Classes:
Personal Services ..-................ ..... .._....$ Regular Operating Expenses .......................$ Travel ...................................................... .......$ Motor Vehicle Equipment Purchases ...........$ Publications and Printing ........ .................._.$ Equipment ..-..-.-.-.....-............-..-.-..-.-....-. $ Computer Charges --..--.--..--.--.--..-- --.._._.$ Real Estate Rentals ......_......._........._..._.......... $ Telecommunications ......................................... $ Per Diem, Fees and Contracts _..--..-_--.,__$ Capital Outlay ....__............_........_...__$ Promotion Expense .._-.....__..._....._.........,,...-._.$ Mortgage Payments ...-__....._....-........_........$ Total Positions Budgeted Passenger Carrying Motor Vehicles

2,731,365 1,289,200
14,000 12,500 115,000 90,500 8,500 --0-- 36,000 113,000 181,200 --0-- 150,300
273 91

Section 35. Department of Offender Rehabilitation.
A. Budget Unit: Department of Offender Rehabilitation ...............................___.$

65,045,354,

2892

JOURNAL OF THE SENATE,

1. General Administration and Support Budget:
Personal Services -.-....---_.__.._--.-.,,..-._..._.._-.$ Regular Operating Expenses --------...--.-.$ Travel _.__..__.._._._.....,,.._,,__......,,.___..._.... $ Motor Vehicle Equipment Purchases .,,_.__.,,_ $ Publications and Printing _._._......._...........$ Equipment Purchases ...._._..___--..,,.--..-....$ Computer Charges __...-.__..___..__.._._.._,,__._..$ Real Estate Rentals .--...---.--.------.$ Telecommunications .--.----_--.------.------ $ Per Diem, Fees and Contracts ,,,,.,,,,_......__.. $ Utilities ._..___----_..--------------------.--_.$ Total Funds Budgeted ,,_..---.--.------.--.$ State Funds Budgeted ----.-.--..--.--,--.$ Total Positions Budgeted

2,862,722 230,495 77,860
--0-- 22,000 6,970 316,000 212,900 108,500 338,300
--0-- 4,175,747 4,147,782
191

2. Georgia Training and Development Center Budget:
Personal Services __...-_.--.--,,_--.--.----_.$ Regular Operating Expenses --.,,----,,.--.$ Travel ._._._._____..._...._..__.__.__,,-._.__$ Motor Vehicle Equipment Purchases ........... $ Publications and Printing --__------.--.-- $ Equipment Purchases _._--.----------------.._$ Computer Charges ------.------------------$ Real Estate Rentals ..,,_--._----__._,,,,_----_ $ Telecommunications --------_--.-.-,,_---- $ Per Diem, Fees and Contracts _-._...........--...$ Utilities ..._._.._-_.-._..._-..___.._.--._._...---. $ Total Funds Budgeted ........____........_.._.-....$ State Funds Budgeted _..._.-_.__.-....,,........_....$ Total Positions Budgeted

807,000 109,900
1,100 --0-- --0--
12,700 --0-- --0--
10,400 18,600 70,000 1,029,700 1,029,700
64

3. Georgia Industrial Institute Budget:
Personal Services _....-._.._.__.._._....._..._..._...$ Regular Operating Expenses __.._-._.--.--.. $ Travel .__._.__.._.__..--__._.__......-._.$ Motor Vehicle Equipment Purchases _---- $ Publications and Printing ._....._..._....._....__. $ Equipment Purchases _.._..._._....,,._..--_..._. $ Computer Charges ..__----.....,,--..--.._...----....$ Real Estate Rentals _....__...._._.._--__...--....$ Telecommunications .-...._._--_-_..._.._--.--.$ Per Diem, Fees and Contracts ........_..._.._.....$ Utilities _.__----_,______-----__-_-$ Total Funds Budgeted .--.--.------___$ State Funds Budgeted ....__......._._.._._.__..$ Total Positions Budgeted

2,871,383 447,083 3,800 --0-- 700 36,109 --0-- 31 26,400 6,200 300,000
3,691,656 3,691,656
231

MONDAY, MARCH 6, 1978

2893

4. Alto Education and Evaluation Center Budget:
Personal Services _________.....................................I Regular Operating Expenses .............._....... $ Travel ......................._......__......................^ Motor Vehicle Equipment Purchases ........... $ Publications and Printing ...............................^ Equipment Purchases .................................... ^ Computer Charges _--............._..................._$ Real Estate Rentals ............_....................... ^ Telecommunications ..._.........._........_.............. $ Per Diem, Fees and Contracts .-_--..___.__,,.______.$ Utilities ............................................................I Total Funds Budgeted -....-..-.....-...................$ State Funds Budgeted .................................... ^ Total Positions Budgeted
5. Georgia Diagnostic and Classification Center Budget:
Personal Services .._.-..................,,...................$ Regular Operating Expenses ............._.------$ Travel ......__................-..............._..................._ $ Motor Vehicle Equipment Purchases __,..__.___.$ Publications and Printing __,,______._.._____._..$ Equipment Purchases .....................................^ Computer Charges ......... ____.________..____..._.__.$ Real Estate Rentals ..................................... ^ Telecommunications . ..................--........_.... $ Per Diem, Fees and Contracts ..._............._$ Utilities __....-____................................... $ Total Funds Budgeted __........-..__--._._--.- $ State Funds Budgeted _......--._.._--..-...-__.$ Total Positions Budgeted

857,503 77,490 4,250 --0-- 2,000 27,000
7,250
--0-- 975,493 774,668
52
3,273,068 503,928 2,300 --(X-- 500 79,910 --0^-- --0-- 32,600 12,100 267,700
4,172,106 4,172,106
279

6. Georgia State Prison Budget:
Personal Services ._..--.......................-......._$ Regular Operating Expenses ............_........_.$ Travel .__.....__._..._................................^ Motor Vehicle Equipment Purchases __.... $ Publications and Printing ........__._._,,....._._$ Equipment Purchases _..-_...............-,,..-..__._.$ Computer Charges ._.--._..._.--..._............._$ Real Estate Rentals ........................................4 Telecommunications _...._..._...._._...._.--._._..._.-....._ $ Per Diem, Fees and Contracts ........--............$ Utilities _____._........_.._.............................._$ Total Funds Budgeted ............ ..................^ State Funds Budgeted __._.__............_....._... $ Total Positions Budgeted

5,915,037 1,010,354
5,400 --0--
500 68,270 --0-- --0-- 88,000 51,200 650,000 7,788,761 7,716,761
498

7. Consolidated Branches Budget:
Personal Services ............................................ ^ Regular Operating Expenses ._--._..._._----_$

3,483,119 516,709

2S&4

JOURNAL OF THE SENATE,

Travel __.__._------..--_...__._...__.___.____________. $ Motor Vehicle Equipment Purchases ----... $ Publications and Printing __..,, ...................... ^ Equipment Purchases .----.............................. $ Computer Charges ...........................................^ Real Estate Rentals ..........._....._.----............ $ Telecommunications ---------- --...................... $ Per Diem, Fees and Contracts .................... $ Utilities ----_----_--------.----_------..-..---- $ Total Funds Budgeted ...... ............................ $ State Funds Budgeted ,,.-.........-...--.,,.,,,,-..... $
Total Positions Budgeted

8,000 --0--
700 60,414 --0-- 21,660 45,000 87,900 305,000 4,528,502 4,202,502
295

8. Lee Correctional Institution Budget:
Personal Services .. .......................... ..^ Regular Operating Expenses ........................^ Travel ------------------------__---- $ Motor Vehicle Equipment Purchases ______ $ Publications and Printing --.............--...._..,,.._$ Equipment Purchases ..................................^ Computer Charges ----__----.-..-.-..--_--,------$ Real Estate Rentals __------_,,....... ................^ Telecommunications .-_.--.--.--__--------.----..$ Per Diem, Fees and Contracts ................... i Utilities .........................................$ Total Funds Budgeted ...............................^ State Funds Budgeted ................................ i Total Positions Budgeted

762,950 121,610
1,900 --0--
100 136,300 --0-- --0--
8,500 10,800 97,000 1,139,160 1,139,160
83

9. Montgomery Correctional Institution Budget:
Personal Services ........................................^ Regular Operating Expenses ............. --..--i Travel ____.._....----_--___.. ...---------------._$ Motor Vehicle Equipment Purchases .._.... $ Publications and Printing --._........._._.........$ Equipment Purchases .............................. .....^ Computer Charges ........---- _ .................. ...^ Real Estate Rentals --------..__----------$ Telecommunications _......_--.............__..... $ Per Diem, Fees and Contracts .......................$ Utilities _....._.__............. ...............------ $ Total Funds Budgeted ................................... ^, State Funds Budgeted ........................ ...^ Total Positions Budgeted

753,998 137,530
1,600 --0--
100 9,500 --0-- --0-- 11,200 13,600 72,800 1,000,328 985,328
60

10. Walker Correctional Institution Budget:
Personal Services ..__..._._...._.._..-..........._...-. | Regular Operating Expenses -------------- $ Travel _......----......_.----....----..........----.$ Motor Vehicle Equipment Purchases .....--. $ Publications and Printing __......_.----.----$

778,261 134,840
2,400 --0--
200

MONDAY, MARCH 6, 1978

2895

Equipment Purchases __-___________..____,,___$ Computer Charges __.___,,_--_._____________$ Real Estate Rentals ________________________.$ Telecommunications ----_.___.____-__________ $ Per Diem, Fees and Contracts ,,_--_._--____..$ Utilities ________...._____.___._._._,,__,,_,,_________$ Total Funds Budgeted _______ .__,,____,,______$ State Funds Budgeted ________________,,.___.$ Total Positions Budgeted

6,600 --0--- --0--
14,500 7,800 57,000 1,001,601 991,601
65

11. Georgia Women's Correctional Institution Budget:
Personal Services ____________..__.__.________$ Regular Operating Expenses ________________.$ Travel _..____..._.___..________.__________,,_____$ Motor Vehicle Equipment Purchases ___----$ Publications and Printing ________________._____$ Equipment Purchases -___.,,-_-..,,_-__.--______ $ Computer Charges __._-___-_______--___--_$ Real Estate Rentals _-__._________.__._..__..___$ Telecommunications __.____.-__--___--____ $ Per Diem, Fees and Contracts __.____...______. $ Utilities _______________________________________ $ Total Funds Budgeted --_.--___-,,_. .._,,___.$ State Funds Budgeted ______.______.._____._$ Total Positions Budgeted

1,309,190 185,836 2,000
--0-- 100
3,000 --0--
1,400
13,900 --0-- 126,000
1,641,426 1,641,426
117

12. West Georgia Community Correctional Center Budget:
Personal Services ________ ____________,,_.__.$ Regular Operating Expenses ________________ j Travel _____________.__.___________ ..___$ Motor Vehicle Equipment Purchases __--__.$ Publications and Printing ____.___,,_,,____$ Equipment Purchases _________________ _____ $ Computer Charges _____--___--___--.__._--__.$ Real Estate Rentals ____.___-_________._______$ Telecommunications __--___--__._----__.----_-__$ Per Diem, Fees and Contracts __________._._..$ Utilities __________________________________ $ Total Funds Budgeted _____________-__.___.___$ State Funds Budgeted ____________.-_-______.$ Total Positions Budgeted

1,543,000 209,303 2,000 --0-- 100 16,376 --0^-- --0-- 13,000 17,400 118,000
1,919,179 1,919,179
138

13. Georgia Earned Release Correctional Center Budget:
Personal Services __._.____________._____.$ Regular Operating Expenses .__________..___.$ Travel ____._____._____,,_.____,,____,,.____.____.. $ Motor Vehicle Equipment Purchases .______.... $ Publications and Printing --___.___--.__..._--'$ Equipment Purchases _______________________ $ Computer Charges _,,_--...___.____.----$

2,484,611
320,051 2,000
--0-- 500
46,332 --0--

28%

JOURNAL OF THE SENATE,

Real Estate Rentals _..__.,,.__..._._.......,,_.....$ Telecommunications _--_._.--.--.......--...,,.--... $ Per Diem, Fees and Contracts .--......_._...._. $ Utilities _----__--.__--...,,._--_.----....----$ Payments to Central State
Hospital for Utilities ....................................I Total Funds Budgeted _........,,._..-._..-..._._-....$ State Funds Budgeted __...._,,_------..._...--.$
Total Positions Budgeted

660 83,200 12,000 --0--
175,500 3,074,854 3,074,854
219

14. Macon Community Correctional Center Budget:
Personal Services ..-..._._..._,,.......-_......_......._..$ Regular Operating Expenses _.--.___.___.._--.$ Travel _._..._..._...__._.....,,_..._.__._.__.._.. $ Motor Vehicle Equipment Purchases __--~.$ Publications and Printing ,,_...._....___......-- $ Equipment Purchases ._...._..--__.___,,--_-...$ Computer Charges _--._...--_._._.._--..._--. $ Real Estate Rentals .__....._..._.,._.-._._..._..-.$ Telecommunications _._.._..,,..._..._._.__._...$ Per Diem, Fees and Contracts ___..._._....._ $ Utilities ._..___._...._._.__...__............__.$ Total Funds Budgeted ___-._......_..._._____.$ State Funds Budgeted __._..._.._._...-..,,...___._.$ Total Positions Budgeted

1,272,422 163,339 3,000 --0-- 300 6,150 --0-- --0-- 11,300 12,750 126,000
1,595,261 1,595,261
129

15. Talmadge Memorial Hospital Unit Budget:
Personal Services __...__..._.__.._._..__._-- $ Regular Operating Expenses -_._.-___._~_ $ Travel __._.__._.__..._.._.__..__..._.__.. $ Motor Vehicle Equipment Purchases ._.__. $ Publications and Printing _.._._.__._._.._._$ Equipment Purchases _,,._.__--_._..__.._._.$ Computer Charges _._._._.___-__._.__$ Real Estate Rentals _..._.__._._.__._._.__$ Telecommunications _________-___--? Per Diem, Fees and Contracts ~.._--._--...,,$ Utilities ___.._.__._.__.._.__-_...._._.. $ Total Bunds Budgeted ___....._-,,_._......-----..$ State Funds Budgeted .._......__...___,,.__....$ Total Positions Budgeted

220,000 10,000
300 --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- 230,300 230,300
20

16. Central Institutional Administration Budget:
Personal Services _.._._._..___._._$ Regular Operating Expenses --_.._._._...._.$ Travel __.____._.____._..__.__.__._.-.__ $ Motor Vehicle Equipment Purchases ____.._--_ $ Publications and Printing ..__._._._._.__..._.$ Equipment Purchases _..--.._.___._.._--..._. $ Computer Charges __.._...__..._...-----...--.$

368,600 24,180
18,200 --0-- --0--
1,100
--0--

MONDAY, MARCH 6, 1978

2897

Real Estate Rentals .,,_._..___.__.__________.____.$ Telecommunications ____.,,______._____._. ________ $ Per Diem, Fees and Contracts ________,,____,,_ $ Utilities ___.___,,______._._.___.__._________,,__..._$ Total Funds Budgeted ______................ $ State Funds Budgeted ... ..._._-..__...-.__,,_._..$ Total Positions Budgeted

5,400 15,700 --0-- 2,400 435,580 435,580
18

17. Central Funds Budget:
Personal Services ___ ________________________________ $ Regular Operating Expenses _..___.._ ._._...____.$ Travel _--.---_-.-_.-.__.__._____._____$ Motor Vehicle Equipment Purchases __..__.._ $ Publications and Printing _______ .,,._._..,,_$ Equipment Purchases _..-___._._._. _..__...,,__..$ Computer Charges _..__...__....____.__.._..__.____,$ Real Estate Rentals ......................................I Telecommunications -__--_.--...____._._,,_._,,_--$ Per Diem, Fees and Contracts _...._......_.......__. $ Utilities _..____._._._.__._ ___.._._ ..,,.._,,.._._...._. $ Authority Lease Rentals ._.._._.___ _.,,_.___$ Overtime ____-_._.____.._.__..___.._-_._.___._.____._. $ Court Costs .__. ___...______..___.._,,.._.._._..___$ Inmate Release Funds ......_.,,___.__..__ _._.____.$ County Subsidy ________ .___..__-_______._..__$ Outside Health Service Purchases __._._..____ $ Payments to Talmadge
Memorial Hospital __._. _.__....__,,__.._..___.$ Central Repair Fund ___-_. -__-_.._._.__.___._.$ Payments to Central State
Hospital for Medical Services _.___..___. $ Capital Outlay ____.._.- __,,_._._,, ..__...__..___._.__ _ $ Total Funds Budgeted .__._._....._._..__.__..___.$ State Funds Budgeted ____________________ $ Total Positions Budgeted

--0-- 20,150 53,940 591,200 110,400 2,345
--0-- --0-- --0--
93,000 --0-- 840,000
30,000 200,000 360,000 4,283,640 341,000
795,000 450,000
600,000 500,000 9,270,675 9,110,675
0

18. Training and Staff Development Center Budget:
Personal Services _...__..__,,._..___-_._____._.$ Regular Operating Expenses ___,,__.._______. $ Travel _________.___..______.._____._-__._-____ $ Motor Vehicle Equipment Purchases ~_.__-- $ Publications and Printing -i..__.i_._.-__-___.___ $ Equipment Purchases _.___.-_.____-__-_,,..--.___$ Computer Charges ,,.______-__,,--_--__--.__--$ Real Estate Rentals ._.._...__.___..._-__-_-__..__.___$ Telecommunications ___.___-_._. .__._ ... . ..._____. $ Per Diem, Fees and Contracts _-______. ..__._. $ Utilities ._____.___.__-,-___-___--_-------- f Total Funds Budgeted .______-_.__.__-_-.___.$ State Funds Budgeted __.__..___.._.__. __..___-_ |
Total Positions Budgeted

230,500 59,320 42,000 --0-- 1,000
1,650 --0--
24,000 7,500 27,000 7,920 400,890 188,440
18

2898

JOURNAL OP THE SENATE,

19. D.O.T. Work Details Budget:
Personal Services ------------.........--................I Regular Operating Expenses .,,--___--_$ Travel _-------------------------------_------_--$ Motor Vehicle Equipment Purchases .......--_ $ Publications and Printing -------_----_----$ Equipment Purchases ----...--------.......--___.$ Computer Charges -...--...------.-------- --....$ Real Estate Rentals .._........-----._.......----.....$ Telecommunications --...--__,,.-- ------_------..._ $ Per Diem, Fees and Contracts .... _----------/$ Utilities ------------------------------__.._____.$ Total Funds Budgeted ....___._........__.__........ ----$ State Funds Budgeted ..___...........___..........,,....$ Total Positions Budgeted

107,476 3,672
--0-- -- 0--
111,148 --0--
15

20. Food Processing and Distribution Budget:
Personal Services _.__....--.___....._....____.__.--._._.___.$ Regular Operating Expenses ------------ $ Travel --------------------------------------$ Motor Vehicle Equipment Purchases ........... $ Publications and Printing ,,____--___--____.___. f Equipment Purchases .._..._.........._.....................$ Computer Charges __,,..----......._--_------_.$ Real Estate Rentals .....,,......................,,.........$ Telecommunications -.-.--.-.-._----..--.._.----.....$ Per Diem, Fees and Contracts --.----.--..-- $ Utilities ......._...._.--......_............_................ $ Payments to Central State
Hospital for Meals _.------._----_----_.$ Payments to Central State
Hospital for Utilities _........._.......__............$ Total Funds Budgeted ____._......_...__..........._.......$ State Funds Budgeted .--.......-......_.............? Total Positions Budgeted

1,050,000 2,812,033
3,200 --0--
500 122,464 --0-- --0--
4,000 --0-- --0--
907,133
7,500 4,906,830 4,708,300
101

21. Farm Operations Budget:
Personal Services ........-........_...........................$ Regular Operating Expenses ----.------.$ Travel .._........-..........._........._...._........................$ Motor Vehicle Equipment Purchases ------ $ Publications and Printing __--------------_$ Equipment Purchases .._...................................$ Computer Charges --..,,--.--.......--.-------.--.$ Real Estate Rentals ----------------------$ Telecommunications _..._...--....--._.._.-----..--$ Per Diem, Fees and Contracts ------------ $ Utilities ------------------.------------------$ Capital Outlay ----------------------I Total Funds Budgeted --------------------$ State Funds Budgeted ........__.......................$ Total Positions Budgeted

325,055 1,956,311
104,000
109,830
4,600
81,000 2,580,796 2,568,796
25

MONDAY, MARCH 6, 1978

2899

22. Probation Operations Budget:
Personal Services --.-..--___....----....---_.____,,_..$ Regular Operating Expenses _-----.._._______._._.$ Travel ........................................$ Motor Vehicle Equipment Purchases .._._._.___ $ Publications and Printing __.._____--_...___.__ ... $ Equipment Purchases ..................................^ Computer Charges --____.-_.._______._______.___.__,,___.__ $ Real Estate Rentals ......................$ Telecommunications -___--_______.._.___.___.___.______..___ $ Per Diem, Fees and Contracts _...___._,,... $ Utilities .................. $ Total Funds Budgeted . .........................^ State Funds Budgeted .................... ^ Total Positions Budgeted

5,787,748 167,097 247,500 --0-- 4,300 68,090 --0-- 136,103 113,500 --0-- 5,400
6,529,738 6,495,438
453

23. Pre-Release Centers Budget:

Personal Services ................ ^

Regular Operating Expenses __.......__.__.______.....$

Travel .......^....................................^

Motor Vehicle Equipment Purchases ........... $

Publications and Printing _...._...,,,,,,.,,.._..$

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

Computer Charges --._...--.....----------.....--..._.$

Real Estate Rentals ............................$

Telecommunications ..................................i

Per Diem, Fees and Contracts .....................^

Utilities ........................

...^

Total Funds Budgeted ......... ...........^

State Funds Budgeted ..................... ^

Total Positions Budgeted

1,535,000 195,000 17,000 --0-- 700 6,500 --0-- 240,000 31,000 26,000 140,000
2,191,200 2,191,200
133

24. Restitution/Adjustment Centers Budget:
Personal Services ..............................................^ Regular Operating Expenses .._.__.--........_..._..$ Travel ....................-__._._....._.._..--._............. $ Motor Vehicle Equipment Purchases ........... $ Publications and Printing ...._._...............,,_...... $ Equipment Purchases .............................^ Computer Charges ............................................^ Real Estate Rentals .........._..-.........-... .......$ Telecommunications ..............--......................... $ Per Diem, Fees and Contracts ._................,,..$ Utilities ........................................... ^ Total Funds Budgeted ............................^ State Funds Budgeted ............................... ^ Total Positions Budgeted

1,513,287 254,762 16,050 23,000 1,300 57,780 --0-- 211,950 31,000 25,400 81,000
2,215,529 1,913,153
146

25. Andromeda Center Budget:
Personal Services ....................................... ^ Regular Operating Expenses ........................^ Travel .......___..__.._............_........-._..............$

186,000 61,020 3,30

2900

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases .........._$ Publications and Printing .,,.._.,,,,....................$ Equipment Purchases ..i.....--..... ........................$ Computer Charges ...........................................$ Real Estate Rentals ........................................^ Telecommunications --.--.----__..,,................... $ Per Diem, Fees and Contracts ..................^ Utilities ___.__.........____._-.-_-__.....__.._..__..__,,. $ Total Funds Budgeted ............................ .....^ State Funds Budgeted .................................^ Total Positions Budgeted

300
27,300 3,800 12,000 10,000 303,720 121,488
17

Budget Unit Object Classes:
Personal Services .....................................$ Regular Operating Expenses ..__......_._.......$ Travel ..........^..............................................^ Motor Vehicle Equipment Purchases ............$ Publications and Printing ...............................$ Equipment Purchases ........__..,,..._......._......_..$ Computer Charges ............................................^ Real Estate Rentals ......................................^ Telecommunications .--_.....___.__--__..,,..,,--_--. $ Per Diem, Fees and Contracts _......_...,,.._...$ Utilities ............................................... .....^ Payments to Central State
Hospital for Meals ___.---..__-__..___._.___._..._._.$ Payments to Central State
Hospital for Utilities ......._.,,_._....,,,,..,,......$ Overtime _._.._...._.._.--_~__.__...--._.---$ Court Costs -._._.--__---...___........_.._-._-.$ Inmate Release Funds ........._..._.._._...,,..,,._.$ County Subsidy ..................................................$ Outside Health Service Purchases ._.._.,,_....$ Payments to Talmadge
Memorial Hospital .......................................^ Central Repair Fund .....................................$ Payments to Central State Hospital
for Medical Services ----._......_............_..$ Authority Lease Rentals ...._._.-_._-..._.,,--$ Capital Outlay ...._.....---..--._....__.__......--$ Total Positions Budgeted Passenger Carrying Motor Vehicles

40,297,930 9,731,963
519,100 718,200 146,300 885,390 316,000 881,404 580,250 776,650 2,436,220
907,133
183,000 30,000 200,000 360,000 4,283,640 341,000
795,000 450,000
600,000 840,000 581,000
3,367 367

Provided, that of the above appropriation relating to the Central Repair Fund, $100,000 is designated and committed for repairs and maintenance on the Stateowned staff housing units located at the various cor rectional institutions.

It is the intent of this General Assembly that, with respect to the Legal Services Program for in mates, lawyers, law students and/or employees be prohibited from soliciting for filing of writs.

MONDAY, MARCH 6, 1978

2901

It is the intent of this General Assembly that the department not start any new community center pro grams with Federal funds without the prior approval of the General Assembly of Georgia.

Provided, that of the above appropriation relating to Capital Outlay, $300,000 is designated and committed to renovate the bathrooms at Georgia State Prison, $200,000 is designated and committed to renovate the dormitory heating systems at Georgia State Prison and $81,000 is designated and committed for an irrigation system at Georgia State Prison.

B. Budget Unit: Board of Pardons and Paroles ___._______......_____..._____...__.________.___..._.$ 2,762,886

Board of Pardons and Paroles Budget:
Personal Services ..........._..........,,......._..-_..__- $ Regular Operating Expenses __.......__.,,........_.$ Travel .._........__......._....._.....__,,___......_......___..$ Motor Vehicle Equipment Purchases .----.....$ Publications and Printing _-....-.-_.-._______.--...___.$ Equipment Purchases -----.----..__----.....--..._..$ Computer Charges .....--...-...._..---..-_.-..._.--..-..-$ Real Estate Rentals ......._.._....__......___._.__.__.__..$ Telecommunications __..--.-__.--..___._--.--.___..____.___.$ Per Diem, Fees and Contracts ---......--.......$ Total Funds Budgeted ......_..........-......_. ....._$ State Funds Budgeted .._._..................._...........$ Total Positions Budgeted

2,422,935 62,250 137,200
--0-- 9,551 7,840
--0-- 60,460 51,450 11,200
2,762,886 2,762,886
181

Budget Unit Object Classes:
Personal Services .........---....--......--..-._._.....__. $ Regular Operating Expenses ..._......._.,,..__._$ Travel .......,,..........-_........._._.._...._.,,......._.__..._,,$ Motor Vehicle Equipment Purchases __......--.$ Publications and Printing __._________________,,_________ $ Equipment Purchases .--.......--.._...----..,,--...--.$ Computer Charges ____..__.___.____-__.____.__.___.___._______.$ Real Estate Rentals .-__.....-_-_....-......-.......$ Telecommunications ,,_..___.____--.___._._._._._...-__..___$ Per Diem, Fees and Contracts ....................... $ Total Positions Budgeted Passenger Carrying Motor Vehicles

2,422,935 62,250 137,200
--0-- 9,551 7,840
--0-- 60,460 51,450 11,200
181 0

C. Budget Unit: Georgia Correctional Industries ....-.......--........._.._--._...--.,,..--.....$
Georgia Correctional Industries Budget:
Personal Services ..............................................I Regular Operating Expenses .........----.....----$

--0--
867,125 364,250

2902

JOURNAL OF THE SENATE,

Travel ...................................... .....^ Motor Vehicle Equipment Purchases ........... ^ Publications and Printing _..__....-.__..--........-.$ Equipment Purchases ................................$ Computer Charges .................................... ..J$ Real Estate Rentals .......,,.-.--...........-...-$ Telecommunications --...,,-- .--._.--_..---------- $ Per Diem, Fees and Contracts .................... ^ Cost of Sales ...._....-_..__ --_----. $ Repayment of Prior Year's
Appropriations --------------$ Capital Outlay ................................ ^ Total Funds Budgeted ... ._._-....._--$ State Funds Budgeted ............................. ~.$
Total Positions Budgeted

23,250 38,250 7,500 782,000 --0-- 17,750 25,500 15,500 3,562,200
100,000 255,000 6,058,325 -- 0--
56

Budget Unit Object Classes:
Personal Services ...........................$ Regular Operating Expenses ....--.......--.......$ Travel _._.._,,_,,_........._._..__.._.---_-_._..._. $ Motor Vehicle Equipment Purchases ..,,.__.___.$ Publications and Printing _,,..._............._...._.....$ Equipment Purchases ................................^ Computer Charges .......................... ........^......^ Real Estate Rentals ................... ................^ Telecommunications ........................................ ^ Per Diem, Fees and Contracts .,,.--.. ...,,..--.$ Cost of Sales .................................... ......^ Repayment of Prior Year's
Appropriations ,,_--__.------.-_------------.--_-$ Capital Outlay _.__...._-.....-........._....-..._......$ Total Positions Budgeted Passenger Carrying Motor Vehicles

867,125 364,250 23,250 38,250
7,500 782,000 -- 0-- 17,750 25,500 15,500 3,562,200
100,000 255,000
56 11

Section 36. Department of Public Safety.
Budget Unit: Department of Public Safety ....................... ^..^ 28,723,046

1. Office of Highway Safety Budget:
Personal Services ............................................ ^ Regular Operating Expenses .....................$ Travel ._____.____..................................... ....^ Motor Vehicle Equipment Purchases _.----...$ Publications and Printing ............................. ^ Equipment Purchases ~__..~--................. ......--...^ Computer Charges .................................... ....^ Real Estate Rentals .......................................i Telecommunications --....--.-.----,,.------...,,.....$ Per Diem, Fees and Contracts ...................... $ Postage ,-......-.....-.---....--...--.-..--..--.....$ Total Funds Budgeted .____..___.,,.___,,____,,.,,__._..$ State Funds Budgeted .................................. i Total Positions Budgeted

285,474 12,864 18,475 -- 0-- 5,591 8,985 1,198 28,140 11,167 17,000 3,900 392,794 --0--
16

MONDAY, MARCH 6, 1978

2903

2. Administrative Support Budget:
Personal Services --,,..----.--_..---,,-------.-.$ Regular Operating Expenses ........... .......$ Travel ..........-...-._-......_._.-._._...........................$ Motor Vehicle Equipment Purchases _...._.....$ Publications and Printing ....................--..--...$ Equipment Purchases ..................................... $ Computer Charges .._._................_.__....__._____._..__.$ Real Estate Rentals --.---......_....__..... .......$ Telecommunications -.-----..--...__._.__...._.__....._.$ Per Diem, Fees and Contracts ............. .......$ Postage .......___.___._._._..-----._._._...__....._._....$ Total Funds Budgeted ._......................$ State Funds Budgeted ............... .. $ Total Positions Budgeted

276,000 28,587 5,090 --0-- 15,500 3,570 --0-- --0-- 18,550 --0--
275 347,572 347,572
13

3. Staff Support Budget:
Personal Services ....___......_............$ Regular Operating Expenses ......---- -- $ Travel .--.-_....._---------.....--..---$ Motor Vehicle Equipment Purchases ...........$ Publications and Printing ..___.__.........._.......$ Equipment Purchases .,,,,--..............-.....-..,,$ Computer Charges ............................... $ Real Estate Rentals ....................... ... $ Telecommunications ...... -- ........ ...... ......_..$ Per Diem, Fees and Contracts ...........-- $ Postage --...._._.___.__..__..---..-._.__.......--$ Total Funds Budgeted ..................$ State Funds Budgeted ......... _.___........_..-$ Total Positions Budgeted

1,449,000 807,595 53,500 --0-- 73,200 15,000 22,325 --0-- 54,000 6,370 175,000
2,655,990 2,655,990
103

4. Georgia State Patrol Budget:
Personal Services .__...---,,--..... .... ,,,,-.-$ Regular Operating Expenses ..................$ Travel _....-_ _______..--...-.---.----- $ Motor Vehicle Equipment Purchases _...........$ Publications and Printing ........-.................$ Equipment Purchases ....................................$ Computer Charges .............................. $ Real Estate Rentals .---...........................$ Telecommunications ........--.-- ..--....-- ......__. $ Per Diem, Fees and Contracts ........... . ... $ Postage ..................................--....-..-..--.-..- $ Conviction Reports -.-.--.--.--.-.----$ Capital Outlay .................................. ..........$ Total Funds Budgeted ....................---..$ Indirect DOAS Services Funding ...........$ State Funds Budgeted .............._.......... $ Total Positions Budgeted

19,354,442 2,430,746
113,400 --0-- 714,000 110,000 1,700,000
2,500 405,000
20,000 155,000 170,000
75,000 25,250,088 1,600,000 23,418,088
1,224

2904

JOURNAL OF THE SENATE,

5. Georgia Peace Officers Standards and Training Budget:
Personal Services ...___.._.__............................I Regular Operating Expenses ...--._.._............$ Travel _._.........________..___..___.._.$ Motor Vehicle Equipment Purchases ...--......$ Publications and Printing ....................__......$ Equipment Purchases _______..___.._._______._......_____.._.$ Computer Charges ...,,...-....-----.....................--$ Real Estate Rentals .................._....._.__$ Telecommunications ,,......__...--..--...--...-.......$ Per Diem, Fees and Contracts ......_.....__.._.......$ Postage .....___......__.__..___....._...$ Total Funds Budgeted _.......,,...........,,............$ State Funds Budgeted .................................I Total Positions Budgeted

400,150 1,754,220
25,600 --0--
22,246 3,800 --0-- 30,241 12,760 14,400 2,700 2,266,117 1,527,120
24

6. Police Academy:
Personal Services ..._._...._-.._.,,,,_...-._..............$ Regular Operating Expenses ............__..........$ Travel ______________........._.............._....._......._.._...$ Motor Vehicle Equipment Purchases ...--......$ Publications and Printing --.......-...._.............-.$ Equipment Purchases .._._-..___._._....._..._.._..___.--.$ Computer Charges ........------_........._............$ Real Estate Rentals ..._................_._............$ Telecommunications ..,,.......__..--..........._.......$ Per Diem, Fees and Contracts _..---.....--.--..$ Postage ......._.._._,,_._,,____.......-......_.....___$ 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 ................................I Equipment Purchases ............_......_.................$ Computer Charges ........--....................._.......j Real Estate Rentals ....................................I Telecommunications _..._.....,,,,...._...........,,_....$ Per Diem, Fees and Contracts ___._._._._.__._._..___.$ Postage ........_-..._--__._...................................$ Total Funds Budgeted ....._.-..............._......._...$ State Funds Budgeted ....-......._.__..___.___._._._._.$ Total Positions Budgeted

305,940 103,290
5,460 --0--
12,000 21,000 --0-- --0-- 8,100 17,000 1,575 474,365 389,865
15
164,198 22,690 10,000 --0--- 2,500 22,500 --0-- 15,182 4,950 86,000 3,500 331,520 291,520
10

8. Georgia Firefighter Standards and Training Council Budget:
Personal Services .............._............................I

71,726

MONDAY, MARCH 6, 1978

2905

Regular Operating Expenses ...._..__.__.........$ Travel _...............___.-.---....-_._...._. $ Motor Vehicle Equipment Purchases __.._..._...$ Publications and Printing _.__..._._._._.__..._..__._..$ Equipment Purchases .-..---..-._-.-.-_-......--.--_.$ Computer Charges ....----..--,,.-.--.-...-.....--...--.$ Real Estate Rentals ........................................^ Telecommunications __--..--.--.__.__..__..________________.$ Per Diem, Fees and Contracts __................_.$ Postage .-..__.,,.,,----._-_-._....._-.-.._.._.___._,,.-._. $ Total Funds Budgeted ..................................^ State Funds Budgeted ..................................^
Total Positions Budgeted

2,465 8,300 5,700 1,000 1,000 --0-- --0--
900 1,000
800 92,891 92,891
4

Budget Unit Object Classes:
Personal Services .................. ...^....................^ Regular Operating Expenses --.-.-..-..,,_,,__.___.$ Travel .......................................................^ Motor Vehicle Equipment Purchases ........... $ Publications and Printing ...-.,,____....,,_._..._____.....$ Equipment Purchases -............._........._...,,..._. $ Computer Charges ...................................._..$ Real Estate Rentals .......................................$ Telecommunications --.-...---.....,,.--................... $ Per Diem, Fees and Contracts ..........,,_.,,.___.$ Postage ...............................................................$ Conviction Reports ....................................^ Capital Outlay ... -..-..............-.............................$ Total Positions Budgeted Passenger Carrying Motor Vehicles

22,306,930 5,162,457
239,825 5,700
846,037 185,855 1,723,523 76,063 515,427 161,770 342,750 170,000 75,000
1,409 894

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.

It is the intent of this General Assembly that with regard to the above appropriation for Regular Oper ating Expenses, $1,665,000 is provided for mandated peace officer training to include reimbursement only for tuition, room and board. Provided, further, that any excess of funds provided for this purpose may be used for advanced training for peace officers.

2906

JOURNAL OF THE SENATE,

Section 37. Public School Employees' Retirement System.
Budget Unit: Public School Employees Retirement System ----,,_---.-----._.-__..._.__.$

10,388,180

Departmental Operations Budget:
Payments to Employees' Retirement System .................................... ^
Employer Contributions ...............................^ Total Funds Budgeted ___.._..--.......-....-._.....___$ State Funds Budgeted _......-----,,-.......__.$

150,000 10,238,180 10,388,180 10,388,180

Budget Unit Object Classes:
Payments to Employees' Retirement System _._......_..---.. ..... $
Employer Contributions .-.----.--,---. $

150,000 10,238,180

Section 38. Public Service Commission.
Budget Unit: Public Service Commission .___...._______._._._....-___._.....--,,._._______.$

2,575,966

1. Administration Budget:
Personal Services .._............_.--.........__.............$ Regular Operating Expenses ......................... ^ Travel .......__....._.........._._.._..__.._.._...................$ Motor Vehicle Equipment Purchases ............$ Publications and Printing ...............--.............% Equipment Purchases __..___........--........_.........,,$ Computer Charges .._........--._..._.................$ Real Estate Rentals .......-.....--.......................4 Telecommunications ....._..----_......,,..,,....._......$ Per Diem, Fees and Contracts ....................... ^ Total Funds Budgeted ..............-.-...............$ State Funds Budgeted ....................... ..^ Total Positions Budgeted

572,500 12,400 9,100 --0-- 1,250 1,100 --0-- --0-- 23,100 2,200 621,650 621,650
26

2. Transportation Budget:
Personal Services ...^......................................^ Regular Operating Expenses .....................$ Travel ...__..._._................................................... $ Motor Vehicle Equipment Purchases __...._..._$ Publications and Printing ......._----..--.--...--...$ Equipment Purchases ..................--.--.--........--$ Computer Charges .......................--...--..........$ Real Estate Rentals .....................................I Telecommunications ......--.........--.--....--._...... $ Per Diem, Fees and Contracts .....................$ Total Funds Budgeted ................................^ State Funds Budgeted ...................................$ Total Positions Budgeted

645,000 102,000 28,500 --0--
5,500 31,100 --0-- 28,766 16,800 1,500 859,166 859,166
43

MONDAY, MARCH 6, 1978

2907

3. Utilities Budget:

Personal Services ----..---------_____---_--___.___._._ $

Regular Operating Expenses ___.___._.__ .._._____.$

Travel ___.____..--.._..______.____.._..___.___.__..___._._..._..__.___.___$

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

Publications and Printing ........_..._.$

Equipment Purchases ___..._--_________.____.._______.___.$

Computer Charges ......_--.--.....___........,,...........$

Real Estate Rentals ..--.....___..........._.$

Telecommunications -- .._.------............._.___..._ $

Per Diem, Fees and Contracts ........ ..___.___.__..$

Total Funds Budgeted

..

__ $

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

Total Positions Budgeted

973,000 42,000 59,000 --0--- 4,800 2,000 --0-- 9,800 32,000 50,000 1,172,600 1,095,150
58

Budget Unit Object Classes:
Personal Services _._.--____.._.^.-___... ................$ Regular Operating Expenses ..___....._.._._...._.$ Travel ______.____-.___.........-___...._._...................... $ Motor Vehicle Equipment Purchase .,,....._._.$ Publications and Printing ........................ ......$ Equipment Purchases .._.,,......_.___.-........_____.,,_.$ Computer Charges ..,,..........--...........................$ Real Estate Rentals -._.__..._......._.__...__......_._$ Telecommunications ._..,,................................... $ Per Diem, Fees and Contracts ...................$ Total Positions Budgeted Passenger Carrying Motor Vehicles

2,190,500 156,400 96,600 --0-- 11,550 34,200 --0-- 38,566 71,900 53,700 127 26

Provided, that of the above appropriation to the Utilities Budget, an amount not to exceed $175,000 is designated and committed for funding one Utilities Financial Specialist at pay grade 21, two Analyst IPs at pay grade 19, three Analyst I's at pay grade 17 and one Engineer II at pay grade 19 to conduct a con tinuing and ongoing audit on any fuel adjustment tariff of an electric utility company or purchase gas adjustment of a gas company and to perform other duties at the discretion of the Public Service Com mission.

Section 39. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction and University System Institutions ........ ........ $ 326,774,856

1. Resident Instruction Budget:
Personal Services ...-...........................-......$ 290,021,940 Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publica tions and Printing, Equipment Purchases, Computer Charges, Per Diem and, Contracts, and Real Estate Rentals __._.....$ 94,558,544

2908

JOURNAL OP THE SENATE,

Teachers' Retirement __..__.--...--.--.....--....-_...-._.$ 24,300,000

Capital Outlay ......__...-.....,,....,,..,,.._.....,,...._... $ 2,000,000

Authority Lease Rentals _--,,.--...._..-,,..__.. $ 22,449,988

Total Funds Budgeted ........_.........._.._.._..__..$ 433,330,472

Indirect DOAS Services Funding ......... ....--..$ 3,027,300

State Funds Budgeted ..........._...-__--_.__...--.. $ 283,740,172

Total Positions Budgeted

16,275

Provided, that from appropriated funds in A, the amount of $22,449,983 in F.Y. 1979 is designated and committed to guarantee payment of lease rental con tracts as a first charge on such funds.

Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever.

Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the Fiscal Year to pay the annual lease contract commitments for the acquisition of property as provided for in the provision of the State Constitution. The Board of Regents shall immediately report the same to the State Budget authorities for approval, whose approval shall be evidenced in writing.

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 Govern ment, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.

Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System providing the amount so used does not exceed $2,000,000 more than the original budget estimate, unless prior approval is granted by the Fiscal Affairs Subcommittees of the Senate and House of Representatives.

Provided, that revenue from student fees which exceeds the original budget estimates of student fees

MONDAY, MARCH 6, 1978

2909

by $2,000,000 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 from the above appropriated amount for Capital Outlay, $2,000,000 is specifically appro priated for renovations and improvements of physical plant facilities.

Provided, further, it is the intent of this General Assembly that the 1 % % Personal Services contin uation factor incorporated into the Resident Instruction appropriation in this appropriations Act be utilized as necessary to establish a merit type salary schedule or schedules for nonacademic personnel, such schedule or schedules to reflect at least seven steps per grade and at least 4% increase between each step.

2. Marine Resources Extension Center Budget:
Personal Services ......... .......___.____..$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publi cations and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals ----.--..-_..--..___.___.__.____...____.$ Total Funds Budgeted ....... ......... $ Indirect DOAS Services Funding _......._._.-._.._..$ State Funds Budgeted ..._......................._...$ Total Positions Budgeted

304,584
195,716 500,300
9,800 443,500
24

3. Skidaway Institute of Oceanography Budget:
Personal Services ......-.._._._._............. $ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publi cations and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals .....-------.._.... $ Total Funds Budgeted ............_..__....._..........$ State Funds Budgeted ........... ................. $ Total Positions Budgeted

1,022,671
1,113,182 2,135,853
639,500 32

4. Marine Institute Budget:
Personal Services -.--,,.-----,,,,..___.____..._._._._.___$ Regular Operating Expenses, Travel,
Motor Vehicle Equipment Purchases,

228,940

2910

JOURNAL OF THE SENATE,

Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals ... $ Total Funds Budgeted __.___.___.__..___.....___..._.._$ Indirect DOAS Services Funding ................^ State Funds Budgeted _.._______..._...._.......,,_....$
Total Positions Budgeted

126,644 355,584 --0-- 355,584
11

5. Engineering Experiment Station Budget:
Personal Services .................-- I Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publica tions and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals ....................... ...............$ Total Funds Budgeted .................................... | Indirect DOAS Services Funding .............. $ State Funds Budgeted .........................^ Total Positions Budgeted

12,706,662
4,413,306 17,119,968
117,600 2,671,500
294

6. Engineering Extension Division Budget:
Personal Services ....-.-.-................._.._.._..,,-.-...$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publica tions and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals ....... $ Total Funds Budgeted ................................. $ Indirect DOAS Services Funding .__,,..___..._$ State Funds Budgeted ............... .........$ Total Positions Budgeted

658,203
377,757 1,035,960
12,200 309,600
44

7. Agricultural Experiment Stations Budget:
Personal Services ...--......................................I Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publica tions and Printing, Equipment Purchases, Computer Charges, Per Diem and Con tracts, and Real Estate Rentals ............... ^ Total Funds Budgeted ..........................^....i Indirect DOAS Services Funding ._.....___.__.$ State Funds Budgeted .................................^ Total Positions Budgeted

11,967,000
5,298,900 17,265,900
95,900 11,229,000
808

Provided, that of the above appropriation for the Agricultural Experiment Stations, $100,000 is for addi tional funding for technicians and laborers.

8. Cooperative Extension Service Budget: Personal Services ..............................................I 16,475,132

MONDAY, MARCH 6, 1978

2911

Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals ... $
Capital Outlay ----......_._._......$ Total Funds Budgeted ._..._..,,__._..,,.. .. $ Indirect DOAS Services Funding ______,.__..__..$ State Funds Budgeted .-...._...___._._.___._._.___.___$ Total Positions Budgeted

2,336,068 60,000
18,871,200 126,700
10,664,500 956

Provided, that of the above appropriation for the Cooperative Extension Service, $200,000 is for the purpose of filling currently frozen County Agricultural Agent positions and for one new Floriculturist position at Tifton.

Provided, that of the above appropriation relative to Capital Outlay, $60,000 is designated and committed for improvements at Rock Eagle 4-H Center.

9. Talmadge Memorial Hospital Budget:

Personal Services ............_.__._,,-______..._...,,._.._.... $

Regular Operating Expenses, Travel, Motor

Vehicle Equipment Purchases,

Publications and Printing, Equipment

Purchases, Computer Charges, Per Diem

and Contracts, and Real Estate

Rentals .... .__.____._._..-- ___

.._.....$

Total Funds Budgeted ...._._._.__........... .___........$

Indirect DOAS Services Funding ....,,,,.. $

State Funds Budgeted _,,..,,,,....___________.__..______._$

Total Positions Budgeted

26,031,695
13,999,279 40,030,974
193,500 15,886,400
2,555

10. Veterinary Medicine Experiment Station Budget:
Personal Services .__....._-._,,_--................ ._...... $ Regular Operating Expenses, Travel,
Motor Vehicle Equipment Pur chases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals ..................._-........................ $ Total Funds Budgeted ,,........_...................... $ State Funds Budgeted ................................... ^ Total Positions Budgeted

499,528
335,572 835,100 835,100
31

Budget Unit Object Classes:
Personal Services ....,,-.-....-.......,,_,,...... ....._..$ 359,916,355 Regular Operating Expenses, Travel,
Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Pur chases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals ... $ 122,754,968

2912

JOURNAL OF THE SENATE,

Teachers' Retirement ......._..,,____.-......,,_..__._______.$ Capital Outlay __...._..._.._.._.._................_.... $ Authority Lease Rentals ............................ ^ Total Positions Budgeted

24,300,000 2,060,000 22,449,988
21,030

B. Budget Unit: Regents Central Office ___.._.$ 12,627,287

1. Regents Central Office Budget:
Personal Services ............................................ ^ Regular Operating Expenses, Travel,
Motor Vehicle Equipment Pur chases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem, Fees and Contracts, and Real Estate Rentals .... ......................^ SREB Payments ............................................. i Medical Scholarships ......._...___....................$ Regents Scholarships -...-_-_...............-.-..-..._...$ Grants to Junior Colleges .._..._._.........._...._...$ Special Desegregation Programs .--._.---...-...$ Satellite Medical Facility Program ...........^ Office of Minority Business Enterprises ........_...._..,,,,..........._..$ Total Funds Budgeted ._...-...._......._................i State Funds Budgeted __....,,,,,,..__....._......._...$ Total Positions Budgeted

1,896,089
413,748 2,309,000
400,000 200,000 5,281,450 250,000 500,000
100,000 11,350,287 11,350,287
98

2. Family Practice Residency Program Budget:
Personal Services ................_._............._,,....$ Regular Operating Expenses, Travel,
Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Pur chases, Computer Charges, Per Diem, Fees and Contracts, and Real Estate Rentals _..._...................._.._....-..._$ Capitation Contracts for Family Practice Residency ......._._.........,,.$ New Program Development Contracts for Family Practice Residency ............... ^ Total Funds Budgeted __,,,,..___.__._._._..._.._...$ State Funds Budgeted ,,_............_.._........,,......$ Total Positions Budgeted

74,500
87,500 875,000 240,000 1,277,000 1,277,000
3

Budget Unit Object Classes:
Personal Services ................_,,.__.._..-._.,,.$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publica tions and Printing Equipment Purchases, Computer Charges, Per Diem and Con tracts, and Real Estate Rentals ............... ^ SREB Payments ..._..........._._.._.........._._......_$

1,970,589
501,848 2,309,000

MONDAY, MARCH 6, 1978

2913

Medical Scholarships _..._--__._.._._...._........_$ Regents Scholarships .__._._.___._-____---__-,,_._....$ Grants to Junior Colleges ......._.__.--.....---...-__..$ Special Desegregation Programs ----...------$ Satellite Medical Facility Program .__.._._..___.$ Office of Minority
Business Enterprise _.----..--.__---.--------.? Capitation Contracts for
Family Practice Residency _........_.--..__.....$ New Program Development Contracts
for Family Practice Residency -..-,,..-- $ Total Positions Budgeted Passenger Carrying Motor Vehicles

400,000 200,000 5,281,450 250,000 500,000
100,000
875,000
240,000 101 0

Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $675 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student.

Provided, that of the above appropriation relative to SREB payments, the one million dollar appropriation for the School of Medicine at Morehouse College shall be made available to the School of Medicine on or after July 1, 1978, provided that the School of Medicine receives provisional accreditation as a two-year pro gram in basic medical sciences.

Section 40. Department of Revenue. Budget Unit: Department of Revenue .._..__$ 23,945,737

1. Executive Administration Budget:
Personal Services ...,,._._..__,,____.,,._...__$ County Tax Officials/Retirement
and PICA .._._.__.._..____....___......_$ Regular Operating Expenses --.--....._._-_._.$ Travel __........__......._....._.,,...____..__.___$ Motor Vehicle Equipment Purchases _------.$ Publications and Printing ._____,,_________._.______.$ Equipment Purchases .._...._._.__..._._..__._._._._.$ Computer Charges _._--_.._..-.._........,,..._,,....$ Real Estate Rentals _____..____.____.___..........$ Telecommunications ..............___._.._.........._$ Per Diem, Fees and Contracts _._._........$ Postage .....__._..,,....._.._,,.._____._...._..$ Total Funds Budgeted .__...__._.___..____._._____.$ State Funds Budgeted .........._...__.,,_____$ Total Positions Budgeted

698,000
515,000 136,000 10,000
5,000 190,000
9,148 7,500 8,300 25,000 6,000
200 1,610,148 1,610,148
39

2. Motor Vehicle Administration Budget:
Personal Services ._._-.--_--_--._.,,_.--___,,._..$ Regular Operating Expenses ___..___.____.$

* 3,417,463
210,950

2914

JOURNAL OF THE SENATE,

Travel _._.,_....__.,,______________,,___._____.___.$
Motor Vehicle Equipment Purchases ___,,_--_$ Publications and Printing ___.__..___ ^ _.____,,_..__.$ Equipment Purchases --._--_--..._._---_...---- $ Computer Charges ...__..__.___.____._.._..-.__......$ Real Estate Rentals _._._._......._._-.--......_$ Telecommunications _.__...__._...._--.._,,,,...._.$ Per Diem, Fees and Contracts _._.__.,,._..._--..$ Motor Vehicle Tag Purchases ___.___.___.._.___.-_.$ Motor Vehicle Decal Purchases ._......-....__..._..$ Postage .-.-_._ __-_.____.--^--__......_....._.,,-... $ Total Funds Budgeted ___._. -___-_.... -. $ Indirect DOAS Services Funding .....,,.- $ State Funds Budgeted _,,_...,,._........_.___.__..__$ Total Positions Budgeted

4,000
--0-- 188,500 56,645 1,288,537 20,000 67,500 --0-- 1,964,000 340,000 865,000 8,413,595 1,000,000 7,413,595
305

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $1,964,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 3,700,000 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 _.._.._......................... $ Computer Charges ..._.._................,,...........$ Real Estate Rentals ....._,,_..__.._...-..._,,...-._.__$ Telecommunications ___.-.___....-__.___.-.__.....____. $ Per Diem, Fees and Contracts .........__............ $ Loans to Counties/Property
Reevaluation _._._----.._.._.,,......_,,--....-- _$ Grants to Counties/Appraisal Staff .__...__.$ Intangible Tax
Equalization Fund ..... ..... -................---.I Postage _-__-______.-_.,,.--._.___.._..-.. $ Total Funds Budgeted .._,,_._.......___.._...._..$ Repayment of Loans to
Counties/Property Reevaluation ___,,...___,,_$ Indirect DOAS Services Funding .,,_...,,,,.$ State Funds Budgeted ,,._...._........_...,, ...._..$ Total Positions Budgeted

844,000 30,160 53,000 10,000 56,000 4,000
435,800 --0--
20,000 46,000
--0-- 1,450,000
--0-- 10,000
2,958,960
--0-- 400,000 2,558,960
58

MONDAY, MARCH 6, 1978

2915

Provided, that of the above appropriation, no funds are designated and committed for the cost of the Intan gible Tax Equalization Fund provided for in an Act approved April 17, 1973 (Ga. Laws 1973, p. 924), to be administered by the State Revenue Commissioner as provided therein.

4. Sales Taxation Budget:

Personal Services ......__.....,,.,,.........___..........._$

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

Travel ._.-__.__--.__._-__-----._--.__$

Motor Vehicle Equipment Purchases ------- $

Publications and Printing ...._..........,,............_.$

Equipment Purchases ------------,,__--__--_____--$

Computer Charges ________________--_.__,,,,--.._____$

Real Estate Rentals _.-.....__............._--__....._.$

Telecommunications ___.__,,_.._._..--.....--........_. $

Per Diem, Pees and Contracts _________._________$

Postage _______-.-_.___-___--_-_-__._---._...--~-_~. $

Total Funds Budgeted

..-_-$

Indirect DOAS Services Funding ___.______..___$

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

Total Positions Budgeted

950,989 33,390 3,000 --0-- 56,500
750 422,825 --0-- 22,400 --0-- 65,000
1,554,854
400,000
1,154,854
79

5. Motor Fuel Taxation Budget:
Personal Services ......,,__......,,.....,,.........,,__.._.$ Regular Operating Expenses ,,..--..-.,,--.----..$ Travel . __._._...._..._.,,__..__.._.__ ,,....._..__$ Motor Vehicle Equipment Purchases --......,, $ Publications and Printing ................._._....,,._.$ Equipment Purchases _--__--___--.--__--._---__$ Computer Charges -_._-__--_-._-_____,,-_,,-___-_..$ Real Estate Rentals _,,.__._._____.__._______----___..$ Telecommunications ........_...__--._.._._-- ...._.. $ Per Diem, Fees and Contracts ----___,,____$ Postage -------___--------.----------__----_,,$ Total Funds Budgeted -_..-__-._._....__-.._..$ Indirect DOAS Services Funding ____._____._____$ State Funds Budgeted ............-__,,_.__-..-.......$ Total Positions Budgeted

424,350 6,250 2,500
--0-- 28,000 1,995 192,500
--0-- 12,400
--0-- --0-- 667,995 155,000 512,995
35

6. Income Taxation Budget:
Personal Services ....__-....____........__._._........ $ Regular Operating Expenses ----_--._----_-- $ Travel ...... ..........-.- ......-- ......_........$ Motor Vehicle Equipment Purchases ..,,..._. $ Publications and Printing ...._.,,....._........_.......$ Equipment Purchases --.--._.,,._--.._--..._.$ Computer Charges _...._.....-..,,..-.....___,,......_..$ Real Estate Rentals _..................,,__,,..__.._ $ Telecommunications __._.__--,,_-----_._,,--_-_,,--$ Per Diem, Fees and Contracts .....,,.._..._..._... $ Postage -....._.._-._...._._..-..__...-._.-.._.._...$

1,514,000 104,700 2,700 --0-- 23'0,000 5,475
1,370,000 --0-- 36,500 --0-- 150,000

2916

JOURNAL OF THE SENATE,

Total Funds Budgeted --____.... .--.-.._...--.$ Indirect DOAS Services Funding ____.____.___..$ State Funds Budgeted ____........-_._-..-$ Total Positions Budgeted

3,413,375 1,200,000 2,213,375
115

7. Alcohol and Tobacco Taxation Budget:
Personal Services -..__.._-__...._.._.---_.._.--.$ Regular Operating Expenses _........_.._....._..$ Travel __..._____.._____.-_..___..____._____..____.________.-.$ Motor Vehicle Equipment Purchases .__.___.--.$ Publications and Printing ._.._......._.-_..,....-.-$ Equipment Purchases ----.._-----.-..--------.--. $ (Computer Charges ......___....___....._,,._--..$ Real Estate Rentals ..._._._.----.----$ Telecommunications ...__........______..._.__..__._$ Per Diem, Fees and Contracts .._..-...-__..--.$ Postage ...__._---_....._-__.._-----.---$ Total Funds Budgeted ...__........................ $ Indirect DOAS Services Funding ._.,,......,,.$ State Funds Budgeted _,,_____--___..---_-_-.$ Total Positions Budgeted
8. Reciprocities and Research Budget:
Personal Services _._..__.__..-.--__...---._.----..$ Regular Operating Expenses .......--............_$ Travel .__._._.._____._----___......................... $ Motor Vehicle Equipment Purchases .__._.--.$ Publications and Printing ___.--.-_--_-.__.----.$ Equipment Purchases ....--...--._.......--...........^$ Computer Charges ._.___.........._._.._._..$ Real Estate Rentals ...--_..--......___.__...^$ Telecommunications .._.___._._____-__......__.._....--. $ Per Diem, Fees and Contracts _,,,,--_.----._-.$ Postage ..--......._._.__.._._.__..-..-.__.._----.$ Total Funds Budgeted _...___.___.._..___--____.-._$ State Funds Budgeted ......__.._____...___..--.$ Total Positions Budgeted
9. Central Audit Budget:
Personal Services ___._____.._______._._.__.---...---.$ Regular Operating Expenses .....----.........-- $ Travel ..............._....._......................................I Motor Vehicle Equipment Purchases .._._-__.$ Publications and Printing _..............,......_..._,,$ Equipment Purchases .............^... ..........._.......$ Computer Charges ......_____......................$ Real Estate Rentals .._...._........_........--..$ Telecommunications _-........--.......-.-................$ Per Diem, Fees and Contracts _........_,,.___.$ Postage _,,._...._...._._,,_..._._._......,,___.._... $ Total Funds Budgeted .._..._._.............,,_........$ State Funds Budgeted .........._..........._..._....$ Total Positions Budgeted

1,784,003 184,920 40,000 --0-- 12,000 2,790 75,300 2,500 40,000 5,000 2,300
2,148,813 --0--
2,148,813 112
133,661 23,220 2,500 --0-- 3,000 --0-- --0-- --0-- 3,000 --0-- --0-- 165,381 165,381
7
1,544,000 13,380 305,000
--0-- 8,000 1,000 4,000 8,500 15,000
--0-- 800
1,899,680 1,899,680
78

MONDAY, MARCH 6, 1978

2917

10. Field Audit Services Budget:
Personal Services ..._..___.._.._.T.___--$ Regular Operating Expenses ........____....$ Travel _._._...._.__.._._.._...__....._..._....._.$ Motor Vehicle Equipment Purchases --._----.$ Publications and Printing _--_--------..--$ Equipment Purchases ----_..--.------------$ Computer Charges ----_.----......----__$ Real Estate Rentals .---------...-------$ Telecommunications .................._..................I Per Diem, Fees and Contracts ..--------.-$ Postage ...._........_.._...__......_................._...$ Total Funds Budgeted ....................................$ State Funds Budgeted --------------___.$ Total Positions Budgeted

3,587,000 61,900 237,000
--0-- 10,000 9,050 101,000 120,186 100,000 7,100 34,700
4,267,936 4,267,936
255

Budget Unit Object Classes:
Personal Services .......-..........-...-.......-..........$ County Tax Officials/Retirement
and FICA ._.__.........................................I Regular Operating Expenses .._.........._.-....$ Travel ...______.______...___..___$ Motor Vehicle Equipment Purchases ._.._. $ Publications and Printing ......._...................$ Equipment Purchases ...--..-.............,,..._..... $ Computer Charges ..__..................__.._.._..$ Real Estate Rentals -..-..__......--..._.......$ Telecommunications ..............._...._.........._..._. $ Per Diem, Fees and Contracts ..............._. $ Loans to Counties/Property
Reevaluation --..-......--__..._________$ Grants to Counties/Appraisal Staff ............$ Motor Vehicle Tag Purchases ....._.....--..._.....$ Motor Vehicle Decal Purchases _..._...-...-...$ Intangible Tax Equalization Fund ._..._._.$ Postage ..............__..__..___.....__...._$ Total Positions Budgeted Passenger Carrying Motor Vehicles

14,897,466
515,000 795,870 659,700 15,000 782,000 90,853 3,897,462 159,486 341,800 64,100
--0-- 1,450,000 1,964,000
340,000 --0-- 1,128,000
1,083 111

Section 41. Secretary of State. Budget Unit: Secretary of State ___...---._-.-..$ 9,002,805

1. Occupational Certification Budget:
Personal Services ___._.--.--_............_..._---......$ Regular Operating Expenses .._........--....._._.$ Travel ..._..............__._._..__-.__.________....$ Motor Vehicle Equipment Purchases --._--...$ Publications and Printing ........_.__.__$ Equipment Purchases ......--....--...._......_._.$ Computer Charges __..__-.........__.___._.$ Real Estate Rentals -----_..-_____-...$ Telecommunications _-___._--------__$

1,959,378 833,962 98,220 41,700 156,196 38,128 20,000 43,150 70,000

2918

JOURNAL OF THE SENATE,

Per Diem, Fes and Centracts ... ----

$

Total Funds Budgeted ....

.... ...._..$

State Funds Budgeted __

____|

Total Positioiis Budgeted

3q 86,851 3,6 ,585 3,5 ,743
150

Occupational Certifiication Funct;ional Budgiets

State Funds

Cost of Operations

$ 143,512 $ 247,927

33,664 $ 47,575

Athletic Trainers ~_..______

1,500 $

1,950

5,700 $

7,536

Barbers ... .. --.___........____

$ 88,647 $ 119,807

Chiropractic _....__ ...

5,330 $ 7,384

Cosmetology ... _. ....... Dentistry ... ...... _ .. .

$ 209,375 $ 262,736 102,100 $ 161,040

Electrical Contractor .... ....... f 77,444 $ 98,290

Engineers __..........__.

t 199,268 $ 278,836

._____$

5,480 $ 15,685

Funeral Service .______

56,245 $ 72,395

Geoloev _

$ 12,750 $ 19,978

3,750 $ 10,944

Landscape Architect ... . Librarians ... ____... ..

$

5,950 $

7,124

$

100 $

5,574

Marriage and Family

Counselors ____._

$

8,475 $ 11,485

Medical Examiners ______.._....--___$. 336,728 $ 507,278

Nursing Home Administrators __..$ 21,598 $ 32,424

Board of Nursing ___._

* 208,000 $ 379,246

Dispensing Opticians ............__....$

5,080 $

8,090

Optometry ________ __.

...$

9,077 $ 12,565

Occupational Therapy _.

$

4,860 $

6,218

Pest Control --__.._________ 21,462 $ 29,940

71,752 $ 210,000

.$ 16,550 $ 20,952

Plumbing Contractors _...___.___.$ 26,319 $ 39,861

Podiatry .__ ..__._....

$

2,950 $

4,049

Polygraph Examiners ..

$

2,520 $

3,770

Practical Nursing __........___.....$ 94,932 $ 136,700

Private Detective ....... . Psychologists __.__...
Real Estate ... .. _ ..__

$ 93,465

$

6,788

657,065

$ 120,809 $ 16,037 $ 718,297

Recreation ...____ _...__

$

3,130 $

4,010

Sanitarian

$

1,880 $

8,119

Speech Pathology ... ...._

.......$

3,660 $ 16,321

Used Car Dealers --_._

$ 38,614 $ 52,818

Used Car Parts _......... __- ~ *

7,300 $ 10,604

Veterinary ..
Warm Air and Heating Contractors _~_ _--

$

Well Water _.____ .. .

$

Administration _._.._ _.____$

^

Total

. -$

15,067
20,315 21,711 2,500 540,488 376,642 3,569,743

$ 27,033
$ 24,499 $ 26,298 $ 3,250 $ $ $ 3,795,454

Pos.
2 1 0 0 6 0 13 3 3 6 0 3 0 0 0 0
0 11 1 12 0 0 0 1 3 0 1 0 0 3 7 0 26 0 0 0 2 0 0
0 0 0 25 21 150

MONDAY, MARCH 6, 1978

2919

2. Securities Regulation Budget:
Personal Services _______._.._______$ Regular Operating Expenses ______.__.$ Travel _.__._._________________________$ Motor Vehicle Equipment Purchases .__,,_$ Publications and Printing ___________________.$ Equipment Purchases __---_______________$ Computer Charges --..----------____.._______.____$ Real Estate Rentals _________________________$ Telecommunications ________.__.__-__..,,_...____$ Per Diem, Fees and Contracts _____________________$ Total Funds Budgeted _______,,__.....___._____..______.$ State Funds Budgeted .-_-_-_____.______________..___.$ Total Positions Budgeted
3. Corporations Regulation Budget:
Personal Services ______..._________._______.$ Regular Operating Expenses ___--_--_______ $ Travel ___________________________________________________.$ Motor Vehicle Equipment Purchases --___$ Publications and Printing __________._____.$ Equipment Purchases __----________...__--_____$ Computer Charges _________________________.$ Real Estate Rentals __________ ________________$ Telecommunications _____________________$ Per Diem, Fees and Contracts ----___-_--__$ Total Funds Budgeted ____-__--_-____-_.__-..___$ State Funds Budgeted __--..--._.._._...___.$ Total Positions Budgeted,
4. Drugs and Narcotics Budget:
Personal Services _______________________________$ Regular Operating Expenses ______...____-$ Travel .____---______.________$ Motor Vehicle Equipment Purchases ____$ Publications and Printing .____________$ Equipment Purchases _____----__________$ Computer Charges ----_______...__________._.$ Real Estate Rentals ___...______--__.___________.$ Telecommunications ____._----,,.----__.____--_$ Per Diem, Fees and Contracts --__--_----$ Total Funds Budgeted __--_________..__.$ State Funds Budgeted .__.,,.....______..____...___$ Total Positions Budgeted

292,500 15,180 6,500 5,000! 2,500 2,500 --0--- --0-- 6,000 --0-- 330,180 324,625
16
317,000 42,695 1,500 --0-- 6,000 12,400* 30,000 38,600 9,500 --0-- 457,695 457,695
27
306,800 30,000 21,850 8,600 300 9,825
4,800
382,175 382,175
15

5. Archives and Records Budget:
Personal Services ___________..,,--,,--_-----_---$ Regular Operating Expenses ___...____---....___.$ Travel ___.-_______________________$ Motor Vehicle Equipment Purchases ____$ Publications and Printing __________~_~~_~$ Equipment Purchases _.____-----_------------__-_.$ Computer Charges __.------------------------$

1,122,913 126,210 28,000 --0-- 17,100 60,000'
--0--

2920

JOURNAL OF THE SENATE,

Real Estate Rentals ..________.___...__.___.$ Telecommunications ___..._._.__..__......___._$
Per Diem, Fees and Contracts --._.--.._______.__..$ Authority Lease Rentals __._.___.__.__.$ Total Funds Budgeted .___........__..........$ State Funds Budgeted .........._..........__..._...__$ Total Positions Budgeted

28,800 32,800
3,900 1,000,000 2,419,723 2,419,723
81

6. General Services Budget:
Personal Services --..--____.__--_._._....$ Regular Operating Expenses __,,._._..___..$ Travel ..____...____._.____.__..._._._... $ Motor Vehicle Equipment Purchases _.__.._.$ Publications and Printing ..__......._._,..._._.......$ Equipment Purchases ...._._.__.__....._...$ Computer Charges ----------..--.--..----.__......$ Real Estate Rentals .............___......__.__$ Telecommunications ........__.____--..._....$ Per Diem, Fees and Contracts .....................^ Total Funds Budgeted ._..__._....._.........,,.$ State Funds Budgeted ....__..........._........_...$ Total Positions Budgeted

524,000 59,415 1,900 --0-- 132,000 5,000 --ft-- --0-- 16,500 16,500 755,315 755,315
37

7. Internal Administration Budget:
Personal Services ......__._.................-.._......_...$ Regular Operating Expenses ......,,.................$ Travel ..____-----__---__--...----.--..-$ Motor Vehicle Equipment Purchases ........... $ Publications and Printing ............................. ^ Equipment Purchases ..--_...__._.--....._..._..$ Computer Charges --..___.._.----.--.....----.$ Real Estate Rentals _..._____--....--.__..$ Telecommunications _._,,_.--._-.._..-_.--_----$ Per Diem, Fees and Contracts _.___..........._.....$ Total Funds Budgeted __...-------------.--$ State Funds Budgeted _..._.._--__...--.---.$ Total Positions Budgeted

491,0001 106,230
9,000 --0--
80,000 3,000
250 3,600 10,500" 1,000 704,580 704,580
30

8. Bicentennial Commission Budget:
Personal Services ----___--._--------._.._.$ Regular Operating Expenses ..--.------.----$ Travel ......_..._.._--..--__.------___--_$ Motor Vehicle Equipment Purchases ..--~.... $ Publications and Printing _..._-...----.------.$ Equipment Purchases ,,--...-.----...----...------$ Computer Charges ----._..------.--.----------$ Real Estate Rentals _____-___-___~~$ Telecommunications -------__----------------$ Per Diem, Fees and Contracts _--...--_____.$ Total Funds Budgeted ______--_---$ State Funds Budgeted _..___.._.__._.___..--$
Total Positions Budgeted

40,951 28,750 2,550
2,000
2,820? 1,250 --0-- 78,321 78,321
2

MONDAY, MARCH 6, 1978

2921

9. State Campaign and Financial Disclosure Commission Budget:
Personal Services ---____...._..._..,,_--..._._$ Regular Operating Expenses ._--.--.------_.._..$ Travel ____________________._..____.._.________.$ Motor Vehicle Equipment Purchases ._...___.___$ Publications and Printing .._.__.__,,_,,,,,,_$ Equipment Purchases _.._...__-_______________$ Computer Charges --._.______,,.____._________$ Real Estate Rentals .______________________________$ Telecommunications _.___.._._-----._..__.___$ Per Diem, Fees and Contracts _..._._.__ _.___._$ Total Funds Budgeted ._-_-_.._._--.-.._._._$ State Funds Budgeted ._.__---_-_._.._..._.$ Total Positions Budgeted

81,328 13,060 9,000
--0-- 14,324 1,211
--0--- 4,985 4,180 12,100
140,188 140,188
4

10. Elections and Campaign Disclosure Budget:
Personal Services __,,_._.___._._.._..___.._$ Regular Operating Expenses _._-----_.__.._.$ Travel __._.__..__-__.___-_______.$ Motor Vehicle Equipment Purchases ___________$ Publications and Printing -...-_-.._-.___-__-__$ Equipment Purchases _._.._.._...__._._____$ Computer Charges ..._...._______----_----$ Real Estate Rentals _-..-__.___._.__..._.__..$ Telecommunications .----....-_..._._.____..._$ Per Diem, Fees and Contracts __..._.___..___$ Total Funds Budgeted ._._._.._._____.._$ State Funds Budgeted ._.___-___...___$ Total Positions Budgeted

140,500 13,840 1,600 --0-- 8,000 1,000 --0-- --0-- 3,500 2,000 170,440 170,440'
9

Budget Unit Object Classes:
Personal Services _..__._._....__._.______$ Regular Operating Expenses ...._..___.__$ Travel _..__-_____-___--_______$ Motor Vehicle Equipment Purchases ____.? Publications and Printing _.____.__-__.$ Equipment Purchases ___.--_____-__-$ Computer Charges _._.._--_._-_._.__._______$ Real Estate Rentals ______._.._--__$ Telecommunications ___-_---.__..___$ Per Diem, Fees and Contracts ______________...__$ Authority Lease Rentals .__.____..__________$ Total Positions Budgeted Passenger Carrying Motor Vehicles

5,276,370 1,269,342
180,120 55,300 418,420 133,064 50,250 121,955) 159,030 422,351 1,000,000
371 56

Section 42. State Scholarship Commission.
Budget Unit: State Scholarship Commission _________.__--.__-___--? 13,690,280

2922

JOURNAL OF THE SENATE,

1. Internal Administration Activity Budget:
Personal Services ._.___.____,_..____.__.$ Regular Operating Expenses ....__..__.._._$ Travel _...______,,__.___.___.__.__._._.$ Motor Vehicle Equipment Purchases __,,_.$ Publications and Printing __________.$ Equipment Purchases ___.____..___._.$ Computer Charges --._________.____.$ Real Estate Rentals __._____.__.__$ Telecommunications .._______,,_.___$ Per Diem, Fees and Contracts ------__._...$ Total Funds Budgeted ._.....-.._..-__..._......-.$ State Funds Budgeted ._..._.__._--._._.-..._..$ Total Positions Budgeted

866,307 75,901 24,900 --0-- 13,400 10,242 99,130 67,192 25,200 63,315 1,245,587 --0--
60

2. Higher Education Assistance Corporation Budget:
Payment of Interest and Fees __._..__.._..$ Total Funds Budgeted __.__.._...__...--$ State Funds Budgeted ....___.._.__--._--_.$ Total Positions Budgeted

406,000 406,000 338,000
0

3. Higher Education Assistance Authority Budget:
Direct Guaranteed Loans ....__.-_-....-..___$ Tuition Equalization Grants .__.... ,,.. ._--...... $ State Student Incentive Scholarships ___~ $ North Georgia College ROTC Grants ....__..$ Total Funds Budgeted .._____...__._._.._..$ State Funds Budgeted ..._.._.__._......_._-.$ Total Positions Budgeted

3,105,000 8,368,400
3,175,374 60,000
14,708,774 13,312,280
0

4. Law Enforcement Personnel Dependents Scholarship Program Budget:
Law Enforcement Personnel Dependents Scholarships _.._-..._._._--.._.--.$
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 .______-__--------$ Computer Charges __._._._._--.._.---------$ Real Estate Rentals _________-__-__$ Telecommunications _____..--------------$ Per Diem, Fees and Contracts ___-------$ Payment of Interest and Fees _._._____$

40,000 40,000 40,000
0
866,307 75,901 24,900 --0-- 13,400 10,242 99,130 67,192 25,200 63,315 406,000

MONDAY, MARCH 6, 1978
Direct Guaranteed Loans ----......_-_..__...._$ Tuition Equalization Grants __________________$ State Student Incentive Scholarships ____.$ Law Enforcement Personnel
Dependents Scholarships -_._____________.$ North Georgia College
ROTC Grants _________________________.._.$ Total Positions Budgeted Passenger Carrying Motor Vehicles

2923
3,105,000 8,368,400 3,175,374
40,000
60,000 60 1

Provided, that of the above appropriated amount relative to Direct Guaranteed loans of amount not to ex
ceed $12,000 is designated and committed for the purpose of providing stipends for training recruitment, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of direct guaranteed cancellable loans to stu
dents.

Provided, that the above appropriated amount rela tive to Direct Guaranteed Loans shall otherwise be used to provide guaranteed loans to students as provided for in Georgia Laws 1969, p. 683, as amended. Provided further, however, that of said appropriated amount, the amounts designated below shall to the greatest extent possible be used to provide cancellable loans to students as designated below pursuant to provisions relative to cancellable loans set forth in Georgia Laws 1969, p. 683, as amended, and Georgia Laws 1965, p. 210, as amended, to wit: (a) an amount not less than $1,435,000 is desig nated and committed for the purpose of providing can cellable loans to students in critical paramedical, pro fessional and educational fields of study approved for this purpose by the State Scholarship Commission pur suant to Georgia Laws 1965, p. 210, as amended; (b) an amount not to exceed $100,000 is designated and committed for the purpose of providing cancellable loans to students who are eligible members of the Georgia Na tional Guard as provided for in Georgia Laws 1977, p. 739, as amended; (c) an amount not to exceed $360,000 is designated and committed for the purpose of pro viding cancellable loans to classroom teachers seeking special education training; (d) an amount not to exceed $20,000 is designated and committed for the purpose of providing cancellable loans to students who are to become agricultural teachers; and (e) an amount not to exceed $500,000 is designated and committed for the purpose of providing cancellable loans to economically disadvantaged students as provided for in House Bill 1463 en acted at the 1978 Session of the General Assembly of
Georgia.
Provided, that from the above appropriated amount

2924

JOURNAL OF THE SENATE,

relative to the Payment of Interest and Fees, such
funds as may be necessary shall be used to pay an in terest subsidy discount of 1.5% to lenders, other than educational institution lenders, on loans guaranteed by the Georgia Higher Education Assistance Corporation dispersed during fiscal year 1978-1979.

Provided, that from any of the above appropriated amounts any available funds may be utilized by the Georgia Higher Education Assistance Corporation for the purpose of paying interest and special allowance payments to lenders within thirty days after the end of each calendar quarter.
Provided that, the above appropriated amount rela tive to Tuition Equalization Grants provides for pay ment of grants of $600 per academic year to under graduate students attending private colleges as pro vided in Georgia Laws 1971, p. 906, as amended, and contemplates continuation of payment of the grant during the 1979 summer school term.
Provided, that the above appropriated amount relative to Student Incentive Scholarships is designated and committed solely for the purpose of providing needsbased scholarships to undergraduate students as pro vided by applicable State and Federal law, provided, however, that Georgia veteran students otherwise eligi ble and qualifying to receive a Student Incentive Schol arship shall have priority and be eligible to receive a scholarship without regard to their undergraduate aca demic level or classification but such priority for vet erans shall only apply to $230,000 of the funds appro priated 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 students for summer period study in other post-secondary educa tional institutions unless summer period study is part of the typical academic year of such institution.
Provided, that of the above appropriated amount relative to Law Enforcement Personnel Dependents Scholarships $40,000 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.

Section 43. Soil and Water Conservation Committee.
Budget Unit: Soil and Water Conservation Committee ---_--_____...-$

599,284

MONDAY, MARCH 6, 1978
1. Soil and Water Conservation Central Office Budget:
Personal Services _--_--__--________________$ Regular Operating Expenses _._.___.__.$ Travel ______________....___.__.$ Motor Vehicle Equipment Purchases _..__$ Publications and Printing .__.__._.__._______.$ Equipment Purchases _._.._.__...._________$ Computer Charges .__......______________________$ Real Estate Rentals _.________________________$ Telecommunications __________________________$ Per Diem, Fees and Contracts ________________$ Total Funds Budgeted _._.._.__.__._________.$ State Funds Budgeted _____.______.______$ Total Positions Budgeted

2926
241,423 27,279 29,900 --0-- 14,200 8,234 --0-- 14,33$
7,800 116,286 459,458 459,458
12

2. Soil and Water Conservation Dam Safety Budget:
Personal Services _____.-__.___._,,________._$ Regular Operating Expenses _________________$ Travel ___________________._______$ Motor Vehicle Equipment Purchases ___-$ Publications and Printing _____________.$ Equipment Purchases ______.....___________.$ Computer Charges __________________________$ Real Estate Rentals __________________.__________.___.$ Telecommunications _.__.______________$ Per Diem, Fees and Contracts ______________ $ Total Funds Budgeted .__________________________$ State Funds Budgeted _____......_____________$ Total Positions Budgeted

80,613
11,200 6,800 9,000 --0-- 7,213 --0-- 3,500 1,500 20,000 139,826 139,826
5

Budget Unit Object Classes:
Personal Services _____.__.___._____$ Regular Operating Expenses ________$ Travel ________________________$ Motor Vehicle Equipment Purchases _____$ Publications and Printing ___________$ Equipment Purchases ._____________$ Computer Charges .___________________$ Real Estate Rentals ______________________________$ Telecommunications _.________________$ Per Diem, Fees and Contracts _______.._.._._________$ Total Positions Budgeted Passenger Carrying Motor Vehicles

322,03638,479 36,700 9,000 14,200 15,447 --0-- 17,836
9,300 136,286
17 2

Section 44. Teachers' Retirement System.
Budget Unit: Teachers' Retirement System ____________________$

4,477,700

2926

JOURNAL OF THE SENATE,

Departmental Operations Budget:
Personal Services _.___.______.___.$ Regular Operating Expenses ._....___._____.$ Travel .__...__.._._______._.__.._.__$ Motor Vehicle Equipment Purchases __--.$ Publications and Printing _.__..__..._____$ Equipment Purchases ._______.____.$ Computer Charges _--_.__.__.___.__.___.$ Telecommunications .__-_.__--__________..__.$ Per Diem, Fees and Contracts ----.___._--_._.$ Floor Fund for Local
Retirement Systems .....____________...._________...$ Employer Contributions --.__............_......_$ Total Funds Budgeted ....__._____._._.________$ State Funds Budgeted .......__....._.._..._.__$ Total Positions Budgeted

951,923 78,470 22,000 --0-- 24,000 12,000 315,000 27,000 89,100
760,000 3,717,700 5,997,193 4,477,700
60

Budget Unit Object Classes:
Personal Services ...____...___..__.._.--..$ Regular Operating Expenses _----..._--.--.$ Travel .......__..__...__._-.....__............__.__.$ Motor Vehicle Equipment Purchases ...._....$ Publications and Printing ...____.........__$ Equipment Purchases ..._._____._..___.$ Computer Charges ....___.____--...___.$ Telecommunications ___--___._.._.--__.$ Per Diem, Fees and Contracts ._--._._.._.$ Floor Fund for Local
Retirement Systems ......___.__._________..-__$ Employer Contributions __.__..._............$ Total Positions Budgeted Passenger Carrying Motor Vehicles

951,923 78,470 22,000 --0-- 24,000 12,000 315,000 27,000 89,100
760,000 3,717,700
60 0

It is the intent of the General Assembly that from funds available the Teachers' Retirement System is authorized to implement H.B. 15 of the 1975 Regular Session of the Georgia General Assembly.

Section 45. Department of Transportation. Budget Unit: Department of Transportation $ 291,647,089

1. Planning and Construction Budget:
Personal Services _____________...___.__.________-.. $ Regular Operating Expenses ......_..____.$ Travel _________._.__-__-_____.$ Motor Vehicle Equipment Purchases _~__..$ Publications and Printing ....................__.. $ Equipment Purchases ........_.._.___....___.$ Computer Charges --.._____.----.---------$ Real Estate Rentals ._____....-._.._--__........_...$ Telecommunications ___-___.____--$ Per Diem, Fees and Contracts __.__-_$

56,152,750
3,343,437 1,201,047
--0-- 198,750
97,600* --fr--
33,200 488,037 4,127,850

MONDAY, MARCH 6, 1978

2927

Capital Outlay __._.....__....___..___.___....._...$ 207,780,017

State of Georgia General

Obligation Debt Sinking Fund __.__._$ --0--

Total Funds Budgeted ___._..._.._...___.__$ 273,422,688

State Funds Budgeted _...._._.._.___._____,,$ 115,122,9611

Total Positions Budgeted

3,402

2. Maintenance and Betterments Budget:

Personal Services ....__...___......_______...__$ 37,588,422

Regular Operating Expenses ....._._._.______$ 24,571,287

Travel ._..__.__...._.__...__.______.$ 202,655

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

Publications and Printing _._....__..._...__$

5,850

Equipment Purchases ______________________._._$

Computer Charges .....__.._...__..__.__..__$

Real Estate Rentals --...._....._.___._.....__$

Telecommunications __.._____._..____$

63,550

Per Diem, Fees and Contracts ___.____$ 1,192,700

Capital Outlay .........._.........__..............._.$ 50,357,817

State of Georgia General

Obligation Debt Sinking Fund ........___.$ --0--

Total Funds Budgeted .................__.___.$ 113,982,281

State Funds Budgeted .___................__.._.$ 112,817,495

Total Positions Budgeted

3,514

3. Authorities Budget:
Authority Lease Rentals ............ _.__$ State of Georgia General
Obligation Debt Sinking Fund __.___.$ Total Funds Budgeted ....................._....__$ State Funds Budgeted __.....______._$

24,636,594
3,732,759 28,369,353 28,369,353f

4. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases --..._$ Equipment Purchases ._..........__._____-$ Capital Outlay _________.________$ Total Funds Budgeted ....___.._______ $ State Funds Budgeted _.....___.______$

2,296,758 721,900 315,428
3,334,086 3,234,086

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 _._._-_.__---__--.$

5,878,900 2,702,030
99,349 --0-- 233,400 --0--

2928

JOURNAL OF THE SENATE,

Computer Charges ----_._._-_._...._.___.$ Real Estate Rentals ._._._.._._________._..._.$ Telecommunications __...________.___... $ Per Diem, Fees and Contracts _..___..,...$ Total Funds Budgeted _______________________.__._,,.$ State Funds Budgeted ..........________________.$ Total Positions Budgeted

1,204,000
302,000 200,000 10,619,679 10,619,679
321

Appropriation of State funds in the foregoing De partment of Transportation budgets shall be in con formity with and pursuant to Article III, Section X,
Paragraph VII, subsection (b) 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 i Division of the Department 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 collec tion 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 recordsi of the State as
being the appropriation payable in lieu of the amount appropriated herein.

Provided, however, that objects for Activities fi nanced by Motor Fuel Tax including Planning and 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 previ ous years as requested by the Department of Transpor tation 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 Gov ernment, including all cost items incident thereto. For the cost of road and bridge construction and surveys,
maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto pro vided all expenditures for county contracts shall be in accordance with and on the basis of average prices authorized by law. Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the Department of Transportation may add, delete and sub stitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in

MONDAY, MARCH 6, 1978

2929

order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Of fice of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to ex ceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services and constitutionally appro priated 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 Transportation.

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 submit to the State Auditor a copy of its regular annual audit not later than six months after the end of
the fiscal year for which such audit is made. The State Auditor shall compare the amount of funds distributed to each county in such year under the provisions of Sec tion 92-1404, subsection (F) of the Motor Fuel Tax
Law against the amount of funds expended by each county in such year for the purposes authorized by said
Section.

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 __,,_____.______.-__.._-.-_-__$ Capital Outlay--Appalachian Highway ... $
Capital Outlay--Paving State and Local Geodetic Control ,,,,_______.._-_,,---._----.$

395,444 5,835,143
395,444

2930

JOURNAL OP THE SENATE,

Georgia Road Improvement Program .._.$ Paving State Parks and Historic Sites _._$ Maintenance and Betterments Capital Outlay--Rehabilitation
Off-System ____......__......................I Capital Outlay--Rehabilitation On-
System ...._...............____._.__________..$

5,000,000 300,000
16,000,000 1,200,000

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 III, Section X, Paragraph VII, subsection (b) of the State Constitution.

Provided, that of the above appropriation relative to Capital Outlay, $10,000 is designated and committed for signing the Presidential Route.

7. Assistance to Municipalities Budget:
Grants to Municipalities ....................................I Total Funds Budgeted ,,._______________.__._.___________.$ State Funds Budgeted .......-..--..................__.....$

9,317,000 9,317,000 9,317,000

For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.

Provided, further, that a member of the governing authority of the municipality, designated by such au thority, shall execute an affidavit annually that funds received under this Section have been expended in ac cordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.

Provided, further, that the above sums shall be dis tributed and disbursed to the various municipalities on a 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 ....----__._------.--$

347,000 295,000
15,000
200

MONDAY, MARCH 6, 1978

2931

Equipment Purchases ----------_____________.___.$ Computer Charges -__,,,,_____________________...__$
Real Estate Rentals ___.______...,,__.._._.._..____$ Telecommunications -____,,_____________________$
Per Diem, Fees and Contracts ._.._._--________,,.$ Total Funds Budgeted _..__........_..._.___.$ State Funds Budgeted ........____.__,,___.__.____.$ Total Positions Budgeted

6,000 --0--
1 3,800
500 667,501 367,501
17

9. Inter-Modal Transfer Facilities Budget:
Personal Services --.._................._...........,,.....$ Regular Operating Expenses ---___,,__--_________$ Travel ____-__-___.__-_-______________.______.__,,___.$ Motor Vehicle Equipment Purchases .......__$ Publications and Printing _____________________________$ Equipment Purchases _---__.___--_.--._._____---_$ Computer Charges ______..,,______._._._________.........$ Real Estate Rentals _____________________________$ Telecommunications ___________________....._........$ Per Diem, Fees and Contracts ._......._..........$ Capital Outlay--Airport Development _..____$ Capital Outlay--Airport
Operational Improvements --_......_..----.$ Mass Transit Grants __.._____.,,__________-___,,______$ Total Funds Budgeted --_______.._____._--___.-.--_$ State Funds Budgeted _.____-_-_.-_.__-__._.__.__._____$ Total Positions Budgeted

341,801 11,850 12,450 --0-- 17,500
800 20,000 --0-- 8,600 182,000 300,000
1,000,000 337,000
2,232,001 2,232,001
19

10. Harhor Maintenance.Budget:
Harbor Maintenance Payments ____,,_____.__._______-$ Total Funds Budgeted -______-.______-_______--_$ State Funds Budgeted ____.______________________.______$

250,000 250,000 250,000

Budget Unit Object Classes:

Personal Services ________.,,_________.._______.$ 100,308,873

Regular Operating Expenses -___-.___.________$ 30,923,604

Travel .__.__.____-_______________-___________---_.$ 1,530,501

Motor Vehicle Equipment Purchases .____-..$ 2,296,758

Publications and Printing ________._____-_.__-_.$ 455,700

Equipment Purchases ____.._____--___.__-.__---_$ 826,300

Computer Charges __-______-_________-___-____-_.$ 1,224,000

Real Estate Rentals _______-____..-____.__________-_.$

33,201

Telecommunications __--__----__--__--_----__.$ 865,987

Per Diem, Fees and Contracts ___-__,,-__--__--_.$ 5,703,050

Capital Outlay __.__._.____.___._.__-_.___---__-._-$ 258,453,262

Mass Transit Grants ______-___._________--.__----$ 337,000

Grants to Municipalities ______,,__._..____------$ x 9,317,000

Harbor Maintenance Payments ___.__....--.$ 250,000

Grants to Counties ___,,____________._____.----$ 9,317,013

Authority Lease Rentals ___-______..________-_? 24,636,594

Capital Outlay--Airport Development __..$ 300,000

State of Georgia General

Obligation Debt Sinking Fund __._____---- $ 3,732,756

2932

JOURNAL OP THE SENATE,

Capital Outlay--Airport Operational Improvements _..-_.____....__. f
Total Positions Budgeted Passenger Carrying Motor Vehicles
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.

1,000,000 7,273 2,650

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 10% of an individual airport project when matching both FAA and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund participation. Provided, further, that the Department of Transporta tion is authorized to utilize State Airport Development Funds at 100% of the total cost of an individual airport project for airports owned by the State of Georgia.

Provided, that the entire amount of the above allo cation for harbor maintenance payments is designated and committed for payment for harbor maintenance at Savannah.
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.

Section 46. Department of Veterans Service.
Budget Unit: Department of Veterans Service __---__-_------------------------.$

7,169,627

1. Veterans Assistance Budget:
Personal Services ~_._.._______.___----$ Regular Operating Expenses _......_.....--....$ Travel _...._._-_..-_...________-___---$ Motor Vehicle Equipment Purchases .._----$ Publications and Printing ...___....__.__.._.$ Equipment Purchases ...____._.----.----__$ Computer Charges ......____._...------------.$ Real Estate Rentals -___._..__._._._._..._.$ Telecommunications ___.__.__._.--_$

2,150,835 77,700 62,000
--0-- 20,700 4,058 100
27,342 46,000

MONDAY, MARCH 6, 1978

2933

Per Diem, Pees and Contracts ..._...................I Grants to Confederate Widows ._._._.-.......______$ Total Funds Budgeted ....,,,,_____________________._______$ State Funds Budgeted __...__.__..___.._______...__.._______$ Total Positions Budgeted Passenger Carrying Motor Vehicles

6,000 9,300 2,404,035 2,144,535
173 1

2. Veterans Home and Nursing Facility-- Milledgeville Budget:
Capital Outlay -.-.....________________________________,,.______$ Equipment Purchases --..----.--......--_---,,.......$ Operating Expenses/Payments to
Central State Hospital -.--.___$ Total Funds Budgeted ____.._._.__..____-...____,,,,_$ State Funds Budgeted __.__________________________.____$

312,000 25,000
4,581,828 4,918,828 3,737,141

3. Veterans Nursing Home-- Augusta Budget:
Operating Expense/Payments to Medical College of Georgia ,,-..-.-.....__.,,..$
Total Funds Budgeted ___._.,,...,,_,,_.._._.............. $ State Funds Budgeted -------.,,-----$

1,958,638 1,958,638 1,287,951

Budget Unit Object Classes:
Personal Services --...-.__._._..,,.-._.--._.__.__.$ Regular Operating Expenses __.__-------___ _$ Travel _.___-_-__.__.-..-____.__________$ Motor Vehicle Equipment Purchases _._,,,,...$ Publications and Printing .........,,___........__$ Equipment Purchases ..__--._----._---_-$ Computer Charges ._____.._._-_......__....________$ Real Estate Rentals _.........._..._.__..._..._._..$ Telecommunications ...._.-._._.--_....--.--_...--$ Per Diem, Fees and Contracts -..._._._....._.....$ Capital Outlay .........._._.........__..,,.__.___.....$ Grants to Confederate Widows __._.....--.._._..$
Operating Expense/Payments to Central State Hospital _.__.__....._--.._...$
Operating Expense/Payments to Medical College of Georgia ...._......_........_-$
Total Positions Budgeted Passenger Carrying Motor Vehicles

2,150,835 77,700 62,000
--0-- 20,700 29,058 100 27,342 46,000 6,000 312,000 9,300
4,581,828
1,958,638 173 1

Section 47. Workmen's Compensation Board.
Budget Unit: Workmen's Compensation Board _._--_..------_._.--------._._--_._. ._.$

2,551,825

1. Workmen's Compensation Administration Budget:
Personal Services __.._.--...----.---------... $ Regular Operating Expenses ...--...--....--..$

1,951,200 116,800

2934

JOURNAL OF THE SENATE,

Travel ----____----_______________.__.____.______________$ Motor Vehicle Equipment Purchases __--_._.$ Publications and Printing ____________________________$ Equipment Purchases _____________________________$ Computer Changes ______________________________________$ Real Estate Rentals ...._...__.__,,_.____...__._____$ Telecommunications ----.___________--_.______._____... $ Per Diem, Fees and Contracts __-______.__________$
Total Funds Budgeted -._.______.._________.____.$ State Funds Budgeted __-__._._________.___.$ Total Positions Budgeted

29,000 --0--
26,000 5,225 110,000 58,641 58,000 56,000
2,410,866 2,410,866
119

2. Vocational Rehabilitation Budget:
Personal Services _________________----__________________$ Regular Operating Expenses _______________________$ Travel ___._,,____.._----____________________.___.__..____._____.$ Motor Vehicle Equipment Purchases ______---_$ Publications and Printing __________________________._$ Equipment Purchases --.-_-------_-_____-------_$ Computer Charges -_____._-________--__-______.-________._$ Real Estate Rentals --._.___.._._______.___-______.$ Per Diem, Fees and Contracts _____________._____.$ Total Funds Budgeted _____________-__._____._____.___$ State Funds Budgeted -_.______.____-____.___---$ Total Positions Budgeted

125,987 3,772 10,000
--0-- 1,000 200
--0-- --0-- --0-- 140,959 140,959
8

Budget Unit Object Classes:
Personal Services ___________________________-____--$ Regular Operating Expenses --____________.--____._$ Travel -----_-----_--------- $ Motor Vehicle Equipment Purchases _____._$ Publications and Printing __.____.__.__-___.____--$ Equipment Purchases --________-_--___--~$ Computer Charges ____.-___-_____-._______-_.___-__-----$ Real Estate Rentals _______.__.____-__-.._____~~._$ Telecommunications -_------_------,,__--_----__$ Per Diem, Fees and Contracts -__.___-______-----$ Total Positions Budgeted Passenger Carrying Motor Vehicles

2,077,187 120,572 39,000 --0-- 27,000 5,425 110,000 58,641 58,000 56,000
127 0

Section 48. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) _______.._.________.---_-__.-_---_-$

32,488,616

B. Budget Unit: State of Georgia General
Obligation Debt Sinking Fund (New) _______________________.--____---------$

1,000,000

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $1,000,000 is specifically appropriated for the

MONDAY, MARCH 6, 1978

29S5

purpose of constructing a general cargo facility on Colonel's Island, Georgia, through the issuance of not to exceed $12,000,000 in principal amount of General Obli gation Debt.
Section 49. In addition to all other appropriations for the fiscal year ending June 30, 1979, there is hereby appropriated, to be effective July 1, 1978, $31,200,000 for salary increases for State employees, of, which $107,000 is for the Department of Audits, $44,300 is for the Supreme Court, $45,600 is for the Court of Appeals, $392,000 is for the Georgia Building Authority, $1,500 is for the Sentence Review Panel, $8,000 is for the Prose cuting Attorneys' Council, $10,600 is for the Adminis trative Office of the Courts and $2,100 is for the Council of Juvenile Court Judges. For the University System employees, there is hereby appropriated $24,930,125 based on an eight and one-half percent (8%%) salary increase to be effective on July 1, 1978, for nonacademic personnel and fiscal year contracted personnel, and Sep tember 1, 1978, for academic year contracted personnel.

Section 50. In addition to all other appropriations for the fiscal year ending June 30, 1979, there is hereby appropriated $940,965 to increase the mileage re imbursement rate for privately owned vehicles from twelve cents ($.12) per mile to fifteen cents ($.15) per mile, to be effective July 1, 1978.
Section 51. In addition to all other appropriations for the fiscal year ending June 30, 1979, there is hereby appropriated $2,662,450 to fund the Space Management Act of the 1978 Session of the General Assembly, to be effective July 1, 1978.
Section 52. It is the intent of this General As sembly that to the greatest extent feasible, the Georgia Building Authority (Markets) and the Georgia Building Authority (Hospital) utilize existing surplus funds for payments to bond trustees for unmatured issues to eliminate the necessity of debt-service appropriations in Fiscal Year 1979 and thereafter.
Section 53. The Federal General Revenue Sharing and Anti-Recession Fiscal Assistance Funds contem plated in this Act shall be applied to the appropriations of the Department of Education and Regents, University System of Georgia for the line item "Teacher Retire ment". The proportion of such Federal Funds to be allo cated to the Department of Education and Regents, University System of Georgia shall be determined by the Office of Planning and Budget.

Section 54. It is the intent of this General Assem bly that each and every agency, board, commission and

2936

JOURNAL OF THE SENATE,

authority receiving appropriations in this Act shall de velop and enforce stringent regulations relating to the use of motor vehicles owned, leased or rented by the State, including provisions, that employees authorized to utilize State vehicles for commuting to and from work shall not use such vehicles except for official State business.

Section 55. It is the intent of this General Assem bly that to the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been ap propriated to supplant Federal funds, which such sup planted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the ex tent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.

It is the further intent of this General Assembly that the Office of Planning and Budget utilize its bud getary and fiscal authority so as to accomplish the
above-state intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Plan ning and Budget provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.

Section 56. It is the intent of this General Assem bly 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 57. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies col lected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No 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.

MONDAY, MARCH 6, 1978

2937

Section 58. No State appropriations authorized un der this Act shall be used to continue programs currently funded by 100% Federal funds.

Section 59. 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 60. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the afore said constitutional provision, as amended, or appropri ated for the fiscal year beginning July 1, 1978, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and
if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the depart ment, agency or institution involved, an amount suffi cient to satisfy such deficiency in full and the lease
payment constitutes a first charge on all such appro priations.

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 61. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1978 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs, and activities subject to the conditions that no funds whatsoever shall be trans ferred for use in initiating or commencing any new program of activity not currently having an appropri ation of State funds, nor which would require oper ating funds or capital outlay funds beyond fiscal year 1979, and provided, further, that no funds whatsoever
shall be transferred between objects without the prior

2938

JOURNAL OF THE SENATE,

approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Ap propriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any depart ment, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Di rector 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 condi tions provided hereinbefore for transfers.

Section 62. Wherever in this Act the term "Budget Unit Object Classes" is used, it shall mean that the ob ject 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. 1979, submitted to the General Assembly at the 1978 regular session.
Section 63. It is the intent of the General Assem bly that for the purposes of this Act,

(1) Passenger-carrying motor vehicles are defined as sedans, pick-up trucks, vans, station wagons and other such vehicles for street and highway use, a sub stantial portion of which is for the primary purposes of transporting one or more people, and

(2) The number of passenger-carrying motor ve hicles indicated for each budget unit shall include leased vehicles and State-owned vehicles.

Section 64. The Office of Planning and Budget is hereby directed to economize whenever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation
of the State.

Section 65. TOTAL APPROPRIATIONS F. Y. 1979 __........___._.._._._.___---_$2,379,691,195.

MONDAY, MARCH 6, 1978

2939

Section 66. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 67. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Broun of the 46th moved that the Senate adopt the Conference Committee report on HB 1224.

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 Coverdell Dean of 6th Dean of 31st Doss Evans Fineher

Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Lesten McGill Overby Paulk Pearce Reynolds
Riley

Voting in the negative was Senator Eldridge.

Those not voting were Senators:

Barker Duncan
English

Foster Hudgins

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

On the motion, the yeas were 48, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1224.

The following bills of the Senate and House were taken up for purpose of considering the House action thereto:

SB 374. By Senator Howard of the 42nd:
A bill to amend Code Section 38-1205, relating to privileged matters about which a party is not required to testify, so as to remove certain matters relating to post-judgment discovery from such privilege.

2940

JOURNAL OF THE SENATE,

The House amendment was as follows:

Amend SB 374 by adding 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."

Senator Howard of the 42nd moved that the Senate agree to the House amend ment to SB S74.

On the motion, 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 Pincher Foster Greene Hill Holloway Hudgins Hudson Johnson Kennedy Kidd Langford Lester MoGill Overby Paulk Pearce

Reynolds Rjley Robinson Scott Shapand Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

English Gillis

Howard Russell

Starr

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 374.

HB 1286. By Representative Johnson of the 74th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to change certain provisions relative to refund of tax paid with respect to solar energy machines or equipment; to provide an effective date.
Senator Banks of the 17th moved that the Senate insist upon the Senate substitute to HB 1286.

MONDAY, MARCH 6, 1978

2941

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1286.

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

HB 731. By Representatives Kaley of the 19th, Walker of the 115th and Nix of the 20th:
A bill to provide for the protection of survey monuments; to prohibit the removal, destruction, injury or displacement of monuments; to pro vide for penalties; to provide for other matters relative to the foregoing.
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 Brown of 47th Carter Coverdell Dean of 6th Dean of 3dst Doss

Eldridge Evans Fincher Foster Greene Hill Hudson Johnson Kennedy Kidd Langford Overby Paulk Pearce Reynolds

Riley Robinson Scott Shapard Stephens Stumbaugh Summers
Sutton Tate Thompson Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Duncan English Gillis Holloway

Howard Hudgins Lester McGill

Russell Starr
Timmons

On the passage of the bill, the yeas were 45, nays 0.

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

2942

JOURNAL OF THE SENATE,

HR 591. By Representative Harris of the 8th and others: A resolution creating the State Authorities Study Committee. Senate 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 Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Evans

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

Reynolds Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turiner Tysinger Walker

Those not voting were Senators:

Duncan English Langford

McGill Russell

Timmons Wessels

On the adoption of the resolution, the yeas were 49, nays 0.

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

HB 1417. By Representatives Kemp of the 139th, Walker of the 115th, Tuten of the 153rd and others:
A bill to amend Code Sections 34-605 and 34A-503, relating to qualifica tions of registrars and deputy registrars, so as to clarify a certain ineligibility.
Senate Sponsor: Senator Kidd of the 25th.

MONDAY, MARCH 6, 1978

2943

Senator Button of the 9th offered the following substitute to HB 1417:

A BILL

To be entitled an Act to amend Code Sections 34-605 and 34A-503,
relating to qualifications of registrars and deputy registrars, so as to provide for applicability to members of county boards of elections; to
provide for eligibility; to clarify a certain ineligibility; to provide for exceptions; to amend Code Chapter 34-11, relating to election ballots,
as amended, so as to provide that the order of names to be printed on ballots shall be determined periodically by lottery; to specify duties of the Secretary of State; to conform present law; 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. Code Section 34-605, relating to qualifications of reg istrars and deputy registrars, is hereby amended by striking said Code
Section in its entirety and inserting in lieu thereof a new Code Section 34-605, to read as follows:

"34-605. Qualifications of registrars and deputy registrars.
Registrars and deputy registrars shall be electors of the county in which they are appointed and shall be able to read, write and
speak the English language. No person, while serving as a registrar, deputy registrar, or member of a county board of elections, or
within a period of six months after so serving, shall be eligible to any nomination or office to be voted for at a primary or election, or shall be eligible to qualify for any nomination or office, or to
have his name placed on any primary or election ballot pursuant to Sections 34-1005 and 34-1002 respectively, or to give a notice of his intention of write-in candidacy, provided, however, that this in
eligibility shall not apply to a tax commissioner or tax collector, or to any candidate for such office of tax commissioner or tax col lector. Provided, nothing herein shall preclude a registrar, deputy
registrar, or member of a county board of elections from holding
political party or body office or serving as a presidential elector."

Section 2. Code Section 34A-503, relating to qualifications of reg istrars and deputy registrars in municipal elections, is hereby amended
by striking from the second sentence thereof the following:

"or deputy registrar",

and inserting in lieu thereof the following:

", deputy registrar, or member of a board of electors,",

and by inserting in the second sentence thereof, after the following:

"shall be eligible to",

2944

JOURNAL OF THE SENATE,

the following:

"file a notice of candidacy for",

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

"34A-503. Qualifications of registrars and deputy registrars. Registrars and deputy registrars shall be electors of the municipal ity in which they are appointed and shall be able to read, write and speak the English language. No person, while serving as a reg
istrar, deputy registrar, or member of a board of electors, or within a period of six months after so serving, shall be eligible to file a notice of candidacy for any nomination or office to be voted for at a primary or election."

Section 3. Code Chapter 34-11, relating to election ballots, as amended, is hereby amended by adding a new Section after Code Sec tion 34-1103, to be designated Code Section 34-1103.1, to read as fol lows :
"34-1103.1. Order of names on ballot; determination by lottery. It shall be the duty of the Secretary of State, on the first Monday in May, 1978, and on the first Monday after the first day in Jan uary of each year thereafter, to conduct a lottery for the purpose of determining the order in which names will appear on official primary and election ballots. Each letter of the alphabet shall be placed in a box and letters shall be drawn by the Secretary of State. Names shall appear on the ballots in the order in which the first letter of the candidate's last name was drawn in such lottery. Such lottery shall establish the order for the appearance of candidates' names for all primaries and elections to be conducted during the calendar year in which the lottery is conducted."

Section 4. Said Code Chapter is further amended by striking in its entirety subsection (c) of Code Section 34-1102, relating to form of official primary ballot and substituting in lieu thereof a new subsec tion (c), to read as follows:

"(c) Immediately under the directions, the names of all can didates, who have qualified with the party in accordance with the provisions of this Title and party rules and who have been certified to the judge of the probate court or Secretary of State as having so qualified, shall be printed on the ballots and the names of the candidates shall in all cases be arranged under the title of the office for which they are candidates, and be printed thereunder as provided in Code Section 34-1103.1. The incumbency of a candidate seeking party nomination for the public office he then holds shall be indicated on the ballots. Under the title of each office shall be placed a direction as to the number of candidates to be voted for."

Section 5. Said Code Chapter is further amended by striking in its entirety subsection (c) of Code Section 34-1103, relating to form of official election ballot and substituting in lieu thereof a new subsection (c), to read as follows:

MONDAY, MARCH 6, 1978

2945

"(c) Immediately under the directions, the names of all can didates, who have been nominated in accordance with the require ments of the Code, shall be printed on the ballot and the names of the candidates shall in all cases be arranged under the titles of the respective offices they are seeking. The names of candidates who are nominees of a political party shall be placed under the name of their party. The columns of political parties shall be printed on the ballot, beginning on the left side thereof, and shall be arranged from left to right in the descending order of the totals of votes cast for candidates of the political parties for Governor at the last gubernatorial election. The columns of parties, having no candidate for Governor on the ballot at the last gubernatorial election, shall be arranged alphabetically, according to the party name, to the right of the columns of the parties so represented. The columns of political bodies shall be arranged alphabetically according to the body name, to the right of the party columns. The names of all independent candidates shall be printed on the ballot in a column or columns under the heading 'Independent', which shall be placed to the right of the political body columns. In the case of two or more in dependent candidates seeking the same office, their names shall be arranged under the title of the office as provided in Code Section 34-1103.1. The names of candidates seeking the same office shall be printed horizontally opposite one another in their respective columns and such columns shall be of sufficient length to permit such an arrangement. To the right of the independent column or columns shall be printed a sufficient blank column for the insertion of write-in votes. At the left of the name heading every column on the ballot and at the left of the name of every candidate thereon shall be a squire of sufficient size for the convenient insertion of a cross (X) or check (V) mark."

Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 34, nays 2, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Banks
Barker

Bell Bond Brantley
Broun of 46th

Brown of 47th Carter Coverdell
Dean of 6th

2946
Dean of 31st Doss Duncan Eldrldge Evans Fincher Foster Gillis Greene Hill Holloway Howard Hudgins

JOURNAL OF THE SENATE,

Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Robinson Russell Scott

Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Barnes.

Those not voting were Senators:

English Johnson (excused conferee)

Riley

Timmons

On the passage of the bill, the yeas were 51, nays 1.

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following bill of the House:

HB 2065. By Representatives Greene and Stone of the 138th:
A bill to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Appling County into the office of the Tax Commis sioner of Appling County so as to change the compensation of the tax commissioner.

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

HB 1980. By Representative Vaughn of the 57th:
A bill to create and establish for and in the County of Rockdale a court to be known as the Magistrate's Court of Rockdale County.

MONDAY, MARCH 6, 1978

2947

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

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

HB 1581. By Representatives Bolster of the 30th, Johnson of the 72nd, Adams of the 36th and others:
A bill to amend an Act providing that all meetings of any State de partment, 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, 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.
Senate Sponsor: Senator Evans of the 37th.

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

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

Those voting in the affirmative were Senators:

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

Foster Gillis Greene Hill Howard Hudson 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:

Allgood (excused conferee) Barker Duncan

English Holloway (presiding) Hudgins

Johnson (excused conferee) Starr

On the passage of the bill, the yeas were 48, nays 0.

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

2848

JOURNAL OF THE SENATE,

The following bills of the House and Senate were taken up for the purpose of considering the House action thereto:

HB 2065. By Representatives Greene and Stone of the 138th:
A bill to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Appling County into the office of the Tax Commis sioner of Appling County so as to change the compensation of the tax commissioner.

Senator Kennedy of the 4th moved that the Senate recede from the Senate amendment to HB 2065.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 2065.

SB 604. By Senators Robinson of the 27th, Russell of the 10th, Evans of the 37th and others:
A bill to authorize and direct the State Revenue Commissioner to issue special motor vehicle license tags to certain members of the Reserve Components of the United States; to provide the procedures connected therewith; to provide an effective date.

The House amendment was as follows:
Amend SB 604 by adding on Page 1, line 3, between the words "the" and "Reserve", the word "Active", and
on Page 1, line 11, between the words "the" and "Reserve", the word "Active", and
on Page 1, line 24, before the word "Reserve", the word "Active", and further to add the word "Active" before the word "Reserve" or "Reservist" where applicable so as to distinguish between an active and inactive reservist.

Senator Robinson of the 27th moved that the Senate agree to the House amendment to SB 604.

On the motion, 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

MONDAY, MARCH 6, 1978

2049

Brown of 47th Carter Coverdell
Dean of 6th Dean of 31st
Doss Eldridge Fincher Gillis Greene Hill
Hudson Johnson

Kennedy
Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson Russell Scott

Shapard Starr Stephens Stumbaugh Summers Tate Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Duncan English Evans

Foster Holloway (presiding) Howard

Hudgins Sutton Thompson

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 604.

Senator Barnes of the 33rd moved that the following bill of the House, having been read the third time and tabled on March 3, be taken from the table:

HB 1327. By Representatives Pinkston of the 100th, Home of the 104th, Games of the 43rd and others:
A bill to amend Code Title 105, relative to torts, so as to change the definition of the term "homicide"; to change the provisions relating to the privity necessary to support an action; to provide that manu facturers of certain personal property shall be liable in tort, irrespective of privity, in certain cases in which death or injury occurs; to provide for the applicability of this Act.
Senate Sponsor: Senator Barnes of the 33rd.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 1327 was taken from the table and put upon its passage.

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

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

2950
Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Evans Fincher Foster Greene Hill Howard

JOURNAL OF THE SENATE,

Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson Russell

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

Voting in the negative was Senator Thompson.

Those not voting were Senators:

English Gillis Holloway (presiding)

Hudgins Johnson (excused conferee)

Stumbaugh (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 general bill of the House, favorably reported by the com mittee, was read the third time and put upon its passage:

HB 1282. By Representative Dixon of the 151st:
A bill to amend Code Chapter 88-3, relating to enforcement of the Georgia Health Code and administrative procedure, as amended, so as to require the giving of certain notices in cases in which an application for an individual sewage disposal system permit is denied; to provide for use of certain findings in the determination of fair market value for ad valorem tax purposes; to provide for practices and procedures; to provide for definitions. Senate Sponsor: Senator Eldridge of the 7th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

MONDAY, MARCH 6, 1978

2951

Those voting in the affirmative were Senators:

Allgood Banks Barker Barnes Bell Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Evans Fincher Foster

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

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

Those not voting were Senators:

Ballard Bond Brown of 47th

English Holloway (presiding) Riley

Shapard (excused conferee)

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

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

The following local bill of the House was taken up for the purpose of con sidering the Conference Committee report thereon:

HB 1907. By Representative Connell of the 87th:
A bill to amend an Act to provide and fix the compensation, of certain elected officials in certain counties of this State so as to change the salaries of certain elected officials in said counties.

The Conference Committee report on HB 1907 was as follows:
Mr. Speaker: Mr. President:
Your Conference Committee on House Bill 1907 has met and rec ommends the following:

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JOURNAL OF THE SENATE,

1. That the Senate and House both recede from their respective positions.

2. That the attached Substitute to House Bill 1907 be adopted.

FOR THE SENATE
1st Thomas F. Allgood Senator, 22nd District
/s/ Jimmy Lester Senator, 23rd District
/s/ Ed Johnson Senator, 34th District

Respectfully submitted,
FOR THE HOUSE
I si David J. Swann Representative, 90th District
/s/ G. F. Daniel, Jr. Representative, 88th District
/s/ Ronnie Truluck Representative, 86th District

Conference Committee substitute to HB 1907:
A BILL
To be entitled an Act to amend an Act to provide and fix the compensation of certain elected officials in certain counties of this State, approved March 24, 1976 (Ga. Laws 1976, p. 3155) as amended by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4446), so as to change the salaries of certain elected officials in said counties; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act to provide and fix the compensation of certain elected officials in certain counties of this State, approved March 24, 1976 (Ga. Laws 1976, p. 3155), as amended by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4446), is hereby amended by striking Sec tion 1 in its entirety and inserting- in lieu thereof a new Section 1, to read as follows:
"Section 1. In all counties of this State having a population of not less than 145,000 nor more than 165,000, according to the 1970 United States Decennial Census or any future such census, the following elected officials in such counties shall receive a monthly salary as provided:
Clerk of Superior Court -......-....-.-_......_.....,,,,,,..__.......-,,-$ 1,700.00 Judge of Probate Court ...._._....-.._.__..__...______..-_.___.....$ 1,800.00 Tax Commissioner .._____..________...____...._...___._.___......$ 1,900.00 Judge of State Court ...........___.__.,,__...,,......._,,_..$ 2,222.00 Solicitor of State Court ..._..._..__......__..._..-._..--_~j 1,356.60 Coroner __...._._......_._._.._..__._._.._.____._.......-$ 892.00 Judge of Civil Court ..._.._...._.__.._...._..._..,,._....--.......$ 2,050.00 Associate Judge of Civil Court ...._._...__._._....._._.._-$ 1,700.00 Chairman, Board of Commissioners _..--._._......._...$ 783.33

MONDAY, MARCH 6, 1978

2963,

County Commissioners --.--..,,....,,.--..._..,,....._..,,_._----....J 583.33 District Attorney __.________.__...______? 595.83 Judges of the Superior Court ........___.._._____$ 807.85 Sheriff _..--.....--_..._...__.__.._____..__..._.._$ 2,225.00

Provided, however, that the judge of the State court shall not be permitted to engage in the private practice of law."

Section 2. This Act shall become effective on April 1, 1978.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Lester of the 23rd moved that the Senate adopt the Conference Committee report on HB 1907.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Sen ate adopted the Conference Committee report on HB 1907.

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

HB 1012. By Representatives Russell of the 64th, Mann of the 13th, Parham of the 109th and Baugh of the 108th:
A bill to amend Code Chapter 84-10, relating to the practice of nursing, as amended, so as to change the provisions relative to the actions which the Georgia Board of Nursing can take to discipline a licensee; to re quire a hearing before any such actions can be taken by the Georgia Board of Nursing.
Senate Sponsor: Senator Howard of the 42nd.

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

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 Evans Fincher Foster Gillis

Greene
Hill Howard Hudgins Hudson Kennedy Kidd Langford Lester

2954
McGill Overby Paulk Pearce Reynolds Riley Robinson Scott

JOURNAL OF THE SENATE,

Shapard Starr Stephens Stumbaugh Summers Sutton Tate

Thompson Timmons Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Bond Coverdell

English Holloway (presiding)

Johnson Russell

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

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

The following general bill of the House, having been favorably reported by the Senate Committee on Transportation, read the third time on February 17 and committed to the Senate Committee on Judiciary, was favorably reported by the committee and put upon its passage:

HB 1345. By Representative McDonald of the 12th:
A bill to amend Code Title 68B, known as "The Driver's Licensing Act", so as to provide that the Department of Public Safety shall suspend the driver's license of any person who fails to respond to a citation; to provide exceptions; to provide for hearings; to provide an effective date.
Senate Sponsor: Senator Reynolds of the 48th.

The Senate Committee on Judiciary offered the following amendment:
Amend HB 1345 by striking on Page 1, line 18, the words "this State of" and inserting after the word "in", the following:
"any State by".

On the adoption of the amendment, the yeas were 38, nays 0, and the amend ment was adopted.

Senator Reynolds of the 48th offered the following substitute to HB 1345:
A BILL
To be entitled an Act to amend Code Title 68B, known as "The Driver's Licensing Act," as amended, so as to provide that the Depart-

MONDAY, MARCH 6, 1978

2955

ment of Public Safety shall suspend the driver's license of any person who fails to respond to a citation or appear in court; to provide excep tions; to provide for hearings; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. Code Title 68B, known as "The Driver's Licensing Act," as amended, is hereby amended by adding at the end of Article III a new Code Section to be numbered Code Section 68B-316 to read as follows:

"68B-316. Suspension of operating privilege for failure to re spond to citation.

(a) (1) Notwithstanding any other provisions of this Code Title or any other Georgia law to the contrary, the Department is authorized to suspend the license or privilege of a driver to operate a motor vehicle upon a showing by its records or other sufficient evidence that the licensee has failed to:

(A) respond to a traffic citation for a moving violation issued by a member of the Uniform Division of the Department of Public Safety or a law enforcement officer in another State who performs similar duties; or

(B) appear in court in accordance with the terms and conditions of a traffic citation issued by a member of the Uniform Division of the Department of Public Safety or a law enforcement officer in another State who performs similar duties.

(2) The Department shall forthwith notify such person that
his license is to be suspended subject to review as provided for in this Code Title.

(3) The authority granted herein to the Department shall apply to a traffic citation issued by a law enforcement officer in another State only if the State of Georgia and that State have entered into a Compact or other Agreement which contains a
provision that final adjudication of the offense cited may be completed by mail.

(b) The person so notified may request a hearing within ten days from the date of receipt of notice sent by certified mail. Within 3'0 days after receiving a written request for a hearing, the Department shall hold a hearing as provided for in the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended. After such hearing, the Department shall sustain its order of suspension or rescind such order. If no hearing is requested within the ten days specified above, the right to a hearing shall have been waived and the
license of the driver shall be suspended.

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JOURNAL OF THE SENATE,

(c) The suspension provided for above shall be for an indef inite period until such person shall respond and pay any fines and penalties imposed. Such suspension shall be in addition to any other suspension or revocation provided for in this Code Title."

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 36, nays 0, and the sub stitute 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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Dean of 31st Duncan Eldridge Fincher

Foster Gillis Greene Hill Hudson Kennedy Kidd Lester McGill Overby Paulk Reynolds Robinson

Scott Shapard Stair Stephens Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Carter Dean of 6th
Doss

Evans Howard Hudgins

Langford Pearce Traylor

Those not voting were Senators:

Banks (excused conferee) Coverdell

English Holloway (presiding) Johnson

Riley Russell Timmons

On the passage of the bill, the yeas were 39, nays 9.

MONDAY, MARCH 6, 1978

2957

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

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

HB 1427. By Representatives Hawkins of the 50th, Horton of the 43rd and Taggart of the 125th:
A bill to amend the Code of Georgia of 1933 so as to provide for an arbitration title; to provide for a short title ("Georgia Arbitration Code"); to provide for the effect of agreements to submit to arbitration controversies, existing or thereafter arising; to provide for applications to the court, venue, and service of papers.
Senate Sponsor: Senator Wessels of the 2nd.

Senator Howard of the 42nd offered the following amendment:
Amend HB 1427 by adding on line 6, Page 2, after the word, "con tracts", the words, "and warranties of construction contracts".

On the adoption of the amendment offered by Senator Howard of the 42nd, the yeas were 32, nays 0, and the amendment was adopted.

Senator Pearce of the 16th offered the following substitute to HB 1427:
A BILL
To be entitled an Act to amend Title 7 of the Code of Georgia of 1933, as amended, so as*to add a new Chapter 3; to provide for a short title; to provide for applicability of Chapter; to provide for the effect of agreements to submit to arbitration controversies, existing or there after arising; to provide for applications to the court, venue, and ser vice of papers; to provide for limitation of time as a bar to arbitration; to provide for applications to the court to compel arbitration and to provide for demands for arbitration; to provide for appointment of arbitrators; to provide for an arbitration hearing and procedures rela tive thereto; to provide for subpoenas, notices to produce, depositions, and discovery; to provide for an award; to provide for changes of the award by the arbitrators on certain grounds; to provide for confirmation of the award by the court on certain grounds; to provide for the entry of judgment on the award; to provide for appeals; to provide for fees and expenses; to repeal a specific Code Title; to provide for application of this Act; to add a new Code Chapter relating to arbitration of medical malpractice claims; to provide for definitions; to authorize the arbitration of certain claims; to provide for petitions and court orders relative to such arbitration; to provide for tolling the statute of limitations; to provide when suit may be brought; to provide for the appointment and qualifications of the referee; to provide for the appointment, duties and compensation of reporters; to provide for an

2958

JQURNAL OF THE SENATE,

arbitration submission; to provide for the selection of arbitrators; to provide for vacancies; to provide for postponements and adjournments
of arbitation; to provide for discovery; to provide for the powers of the referee in regard to witnesses and the production of books and papers; to provide for fees, compensation, competency attd examination of witnesses; to provide for the admission of evidence; to provide for
oaths and affidavits of arbitrators and witnesses; to provide for find ings by the arbitrators and their recording and effect; to provide for
appeals; to provide for costs; to provide for compensation of the arbitrators and the referee; to provide for civil and criminal immunity; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. The Code of Georgia of 1933, as amended, is hereby amended by adding a new Chapter S to Title 7, to read as follows:

"Georgia Arbitration Code for Construction Contracts

7-301. Short Title. This Chapter shall be known and may be cited as the 'Georgia Arbitration Code for Construction Contracts'.

7-302. Applicability.
(a) This Chapter applies only to agreements made subsequent to the date this Act takes effect.

(b) This Chapter shall apply only to construction contracts and contracts of warranty on construction and shall provide the ex clusive means by which agreements to arbitrate disputes arising under such contracts can be enforced.

7-303. Effect of Arbitration Agreement. A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit any controversy thereafter arising to arbitration is enforceable and confers jurisdiction on the courts of the State to enforce it and enter judgment on an award.

7-304. Validity of Agreement. In order for an agreement to arbitrate to be valid, it must provide for one of the following means of selecting arbitrators (1) mutual agreement of the par ties; (2) appointment of one arbitrator by each party to the arbitration, with the third neutral arbitrator to be agreed upon by the two arbitrators selected by the parties; or (3) a selection process utilizing an independent administrator, the administrator making the appointment of arbitrators from panels of proposed arbitrators which the parties have previously had the opportunity to review and strike therefrom persons to which they have ob jection. In lieu of setting forth the third alternative in an arbitra tion agreement, the requirements of this Section shall be satisfied if the arbitration agreement incorporates the rules or procedures of such an independent administrator so long as the rules and

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procedures of that independent administrator are in accordance With the provisions hereof.

7-305. Application to the Court; Venue; Service of Papers.

(a) Application to the Court.

(1) Any application to the court under this Chapter shall be made to the Superior Court of the county where venue lies, unless the application is made in a pending court action in which case it shall be made to the court hearing that action. Subsequent applica tions shall be made to the court hearing the initial application, unless the court otherwise directs.
(2) All applications shall be by motion and shall be heard in the manner provided by law and rule of court for the making or hearing or motions, provided that the motion shall be filed in the same manner as a complaint in a civil action.
(b) Venue. Venue for applications to the court shall lie:
(1) in the county where the agreement provides for the arbi tration hearing to be held; or
(2) if the hearing has already been held, in the county where it was held; or
(3) in the county where any party resides or does business.
(c) Service of Papers.
(1) A demand for arbitration shall be served on the other parties by registered or certified mail, return receipt requested.
(2) The initial application to the court shall be served on the other parties in the same manner as a complaint under the Georgia Civil Practice Act.

(3) All other papers required to be served by this Chapter shall be served in the same manner as pleadings subsequent to the original complaint and other papers under the Georgia Civil Practice Act.
(d) Scope of Court's Consideration. In determining any matter arising under this Chapter, the court shall not consider whether the claim with respect to which arbitration is sought is tenable or otherwise pass upon the merits of the dispute.

7-306. Limitation of Time a Bar to Arbitration.

(a) If a claim sought to be arbitrated would be barred by

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limitation of time had the claim sought to be arbitrated been, as serted in court, a party may apply to the court to stay arbitration or to vacate the award, as provided in this Chapter.

(b) Failure to make this application to the court shall not preclude a party from asserting limitation of time as a bar to the arbitration. The arbitrators, in their sole discretion, shall decide whether to apply the bar. This exercise of discretion shall not be subject to review of the court on an application to confirm, vacate, or modify the award except upon the grounds hereafter specified in this Chapter for vacating or modifying an award.

7-307. Application to Compel or Stay Arbitration.

(a) A party aggrieved by the failure of another to arbitrate may apply for an order compelling arbitration. If the court de termines there is no substantial issue concerning the validity of the agreement to submit to arbitration or compliance therewith and the claim sought to be arbitrated is not barred by limitation of time, the court shall order the parties to arbitrate. If a sub stantial issue is raised or the claim is barred by limitation of time, the court shall summarily hear and determine that issue and, ac cordingly, grant or deny the application for an order to arbitrate.

(b) A party may serve upon another party a demand for arbitration. This demand shall specify:

(1) the agreement pursuant to which arbitration is sought;

(2) the name and address of the party serving the demand;

(3) that the party served with the demand shall be precluded from denying the validity of the agreement or compliance there with or from asserting limitation of time as a bar in court unless he makes application to the court within thirty days for an order to stay arbitration; and
(4) the nature of the dispute or controversy sought to be ar bitrated. Provided, however, that the demand for arbitration may be amended by either party to include disputes arising under the same agreement after the original demand is served.

(c) After service of the demand, or any amendment thereof, the party served must make application within thirty days to the court for a stay of arbitration or thereafter be precluded from denying the validity of the agreement or compliance therewith or from asserting limitation of time as a bar in court. Notice of this application shall be served on the other parties. The right to apply for a stay of arbitration may not be waived, except as provided in this Section.

(d) Subject to the provisions of subsection (b) and (c), a party who has not participated in the arbitration and who has not

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made an application to compel arbitration may apply to stay arbi tration on the grounds that:

(1) no valid agreement to submit to arbitration was made; or

(2) the agreement to arbitrate was not complied with; or

(3) the arbitration is barred by limitation of time.

7-308. Appointment of Arbitrators.

(a) If the arbitration agreement provides for a method of appointment of arbitrators, that method shall be followed. If there be only one arbitrator, the term 'arbitrators' shall apply to him.

(b) The court shall appoint one or more arbitrators on appli cation of a party if:

(1) the agreement does not provide for a method; or

(2) the agreed method fails; or

(3) the agreed method is not followed for any reason; or

(4) the arbitrators fail to act and no successors have been appointed.

An arbitrator so appointed shall have all the powers of one specifically named in the agreement. In appointing arbitrators under the provisions of this Chapter, the court shall seek to ap point persons having general knowledge and experience as to the type of dispute or controversy to be arbitrated.

7-309. Arbitration Hearings.

(a) Before hearing any testimony, the arbitrators shall be sworn by an officer authorized to administer oaths to hear and decide the controversy faithfully and fairly.

(b) Notwithstanding the fact that the arbitration agreement provides the county in which the arbitration hearing is to be held, the arbitrators, in their discretion, shall appoint a time and place for the hearing and shall notify the parties in writing, personally or by registered or certified mail not less than ten (10) days before the hearing. Upon application of any party, if the court finds that the place for the hearing appointed by the arbitrators is unduly burdensome on any party, the court may stay the proceedings pending appointment of an alternative place for the hearing by the arbitrators. The arbitrators may adjourn or postpone the hearing. The court, upon application of any party, may direct

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the arbitrators to proceed promptly with the hearing and deter mination of the controversy.

(c) The parties are entitled to be heard, to present pleadings, documents, testimony and other matters, and to cross-examine witnesses. The arbitrators may hear and determine the controversy upon the pleadings, documents, testimony and other matters pro duced notwithstanding the failure of a party duly notified to appear.

(d) A party has the right to be represented by an attorney at any proceeding or hearing under this Chapter. A waiver of this right prior to the proceeding or hearing is ineffective.

(e) The hearing shall be conducted by all the arbitrators, unless the parties otherwise agree; but a majority may render and change an award, as provided in this Chapter.

(f) The arbitrators shall maintain a record of all pleadings, documents, testimony and other matters introduced at the hearings. Any party to the proceeding may have the proceedings transcribed by a court reporter.

(g) Except as provided in subsection (d), a requirement of this Section may be waived by written consent of the parties or by continuing with the arbitration without objection.

7-310. Subpoenas: Discovery.

(a) (1) The arbitrators may issue subpoenas for the attend ance of witnesses and for the production of books, records, docu ments and other evidence.

(2) These subpoenas shall be served and, upon application to the court by a party or the arbitrators, enforced in the same man ner provided by law for the service and enforcement of subpoenas in a civil action, provided that the court shall not enforce subpoenas in the event that it determines that the effect of said subpoenas would be unduly burdensome or oppressive to any party or person.

(b) Notices to produce books, writings, and other documents or tangible things, depositions, and other discovery may be used in the arbitration according to procedures established by the ar bitrator.

(c) Witnesses shall be compensated in the same amount and manner as witnesses in the superior courts.

7-311. Award.

(a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy of the

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award to each party personally or by registered or certified mail, return receipt requested, or as provided in the agreement.

(b) Unless otherwise provided by the agreement, the award shall be made within 30 days following the close of the hearing or within such time as the court orders. The parties may extend the time either before or after its expiration. A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the de livery of the award to him.

7-312. Change of Award by Arbitrators.

(a) Pursuant to the procedure described in subsection (b), the arbitrators may change the award upon the following grounds:

(1) there was a miscalculation of figures or a mistake in the description of any person, thing or property referred to in the award; or

(2) the arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or

(3) the award is imperfect in a matter of form, not affecting the merits of the controversy.

(b) (1) An application to the arbitrators for a change in the award shall be made by a party within twenty days after delivery of the award to the applicant. Written notice of this application shall be served upon the other parties.

(2) Objection to change of award by the arbitrators must be made in writing to the arbitrators within ten days of service of the application to change. Written notice of this objection shall be served upon the other parties.

(3) The arbitrators shall dispose of any application made under this Section in a written, signed order within thirty days after service upon them of objection to change or upon the expira tion of the time for service of this objection. The parties may extend, in writing, the time for this disposition by the arbitrators either before or after its expiration.

(4) An award changed under this Section shall be subject to the provisions of this Chapter concerning the confirmation, vaca tion, and modifications of awards by the court.

7-313. Confirmation of Award by Court. The court shall con firm an award upon application of a party made within one year after its delivery to him, unless the award is vacated or modified by the court as provided in this Chapter.

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7-314. Vacation of an Award by the Court.
(a) An application to vacate an award shall be made to the court within thirty days after delivery of a copy of the award to the applicant.

(b) The award shall be vacated on the application of a party who either participated in the arbitration or was served with a demand for arbitration if the court finds that the rights of that party were prejudiced by:

(1) corruption, fraud, or misconduct in procuring the award; or

(2) partiality of an arbitrator appointed as a neutral; or

(3) the arbitrators exceeded their authority or so imperfectly executed it that a final and definite award upon the subject matter submitted was not made; or

(4) a failure to follow the procedure of this Chapter, unless the party applying to vacate the award continued with the arbi tration with notice of this failure and without objection.

(c) The award shall be vacated on the application of a party who neither participated in the arbitration nor was served with a demand for arbitration if the court finds that:

(1) the rights of the party were prejudiced by one of the grounds specified in subsection (b); or

(2) a valid agreement to arbitrate was not made; or

(3) the agreement to arbitrate has not been complied with; or

(4) the arbitrated claim was barred by limitation of time, as provided by this Chapter.

(d) Upon vacating an award, the court may order a rehearing and determination of all or any of the issues either before the same arbitrators or before new arbitrators appointed as provided by this Chapter. Time in any provision of an agreement limiting the time for a hearing or award shall be measured from the date of such order or rehearing, whichever is appropriate, or a time may be specified by the court. The court's ruling or order under this Section shall constitute a final judgment and shall be subject to appeal in accordance with the appeal provisions of this Chapter.
7-315. Modification of an Award by the Court.
(a) An application to modify the award shall be made to the court within thirty days after delivery of a copy of the award to the applicant.

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(b) The court shall modify the award if:

(1) there was a miscalculation of figures or a mistake in the description of any person, thing, or property referred to in the award; or

(2) the arbitrators have awarded on a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or

(3) the award is imperfect in a manner of form, not affecting the merits of the controversy.

(c) If the court modifies the award, it shall confirm the award as modified. If the court denies modification, it shall confirm the award made by the arbitrators.
7-316. Judgment on an Award.
(a) Upon confirmation of the award by the court, judgment shall be entered in the same manner as provided by the Georgia Civil Practice Act.
(b) The judgment roll shall consist of the following:
(1) the agreement and each written extension of time within which to make the award;
(2) the award;
(3) a copy of the order confirming, modifying, or correcting the award; and

(4) a copy of the judgment.

7-317. Any judgment, or any order considered a final judg ment under this Chapter, may be appealed pursuant to the pro visions of the Appellate Practice Act of 1965, Georgia Laws 1965, p. 18, as amended.

7-318. Fees and Expenses.

(a) Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitra tion shall be paid as provided in the award.

(b) Upon application, the court may reduce or disallow any fee or expenses it finds excessive or may allocate it as justice requires."

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Section 2. Code Title 7, relating to arbitration and award, is hereby amended by adding following Code Chapter 7-3', a new Code Chapter to be designated Code Chapter 7-4, to read as follows:

"CODE CHAPTER 7-4 ARBITRATION OF MEDICAL MALPRACTICE CLAIMS
7-401. Medical Malpractice Claims Defined. For the purposes of this Chapter, the term 'medical malpractice claim' shall mean any claim for damages resulting from the death of or injury to any person arising out of (a) health, medical, dental or surgical: (1) service, (2) diagnosis, (3) prescription, (4) treatment, or (5) care, rendered by a person authorized by law to perform such service or by any person acting under the supervision and control of such lawfully authorized person, or (b) care or service rendered by any public or private hospital, nursing home, clinic, hospital authority, facility or institution, or by any officer, agent or em ployee thereof acting within the scope of his or her employment.
7-402. Medical Malpractice Arbitration Authorized. In addition to any other legal procedure for the resolution of medical malprac tice claims, the parties to a medical malpractice claim may submit such claim for arbitration in accordance with the provisions of this Chapter.
7-403. Arbitration Order. If the parties to a medical malprac tice claim agree to arbitrate such claim pursuant to this Chapter, they shall file a petition in the superior court of the countv where any party resides for an order authorizing the arbitration of such claim in accordance with the provisions of this Chapter and for the appointment of a referee for such arbitration. If the judge determines that the claim is a medical malpractice claim subject to the provisions of this Chapter, within thirty days of the filing of the petition for such order he shall issue an order authorizing such arbitation and appointing a referee. Provided, however, that no agreement to arbitrate shall be enforceable unless the agree ment was made subsequent to the alleged malpractice and after a dispute or controversy has occurred.
7-404. Tolling of Statute of Limitations; Circumstances in Which Suit Permitted After Petition for Arbitration Filed. The filing of the petition for an order authorizing arbitration, as pro vided in Code Section 7-403, shall toll any applicable statute of limitations and such statute of limitations shall remain tolled until the earliest of:
(a) Thirty days after the filing of such petition, when the judge has failed within said thirty days to issue an order autho rizing arbitration, as provided in Code Section 7-403;
(b) Sixty days after the issuance of the judge's order autho rizing arbitration, when the parties or their representatives have

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failed by said time to sign the arbitration submission, as provided in Code Section 7-407;
(c) The date the arbitration submission is revoked, as pro vided in Code Section 7-407;
If any of the contingencies listed above occur and if the statute of limitations has not yet run, the medical malpractice claim may be brought in any court of this State having jurisdiction.
7-405. Reporter; Duties; Compensation. The judge of the su perior court of the county in which was issued the order authorizing arbitration shall appoint a reporter to attend the proceedings of the medical malpractice arbitration panel and to exactly and truly record the testimony and proceedings in the case being arbi trated, except the arguments of counsel. All provisions relating to court reporter fees, compensation, contingent expenses and travel allowance, as well as those relating to the furnishing of transcripts and the style and form of transcripts, shall be the same for reporters appointed to attend the arbitration panel proceedings as those now or hereafter applicable to reporters of the superior court of the county in which the arbitration was authorized.
7-406. Qualifications of Referee. The referee shall be an at torney who is an active member of the State Bar of Georgia. The referee shall be a nonvoting member of the arbitration panel.
7-407. Arbitration Submission. The referee shall meet with the parties of their representatives, or both, prior to the arbitration. The referee shall assist the parties in preparing an arbitration submission which shall contain the foliowhig:
(1) a clear and accurate statement of the matters in con troversy;

(2) an agreement as to the payment of the costs of the arbi tration;

(3) the procedure to be followed in the arbitration;

(4) a list of the witnesses whose testimony the parties desire to present to the arbitrators;

(5) the names of the arbitrators chosen by each party;

(6) the time and place of meeting of the arbitrators; and

(7) any other matters that may be pertinent to the arbitration.

Such submission shall be in writing and shall be signed by the parties or their representatives. When signed, the submission shall be irrevocable except by consent of all the parties.

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7-408. Arbitrators, (a) Every arbitration pursuant to this Chapter shall be conducted by three arbitrators, one of whom shall be chosen by each of the parties prior to the execution of the submission provided for in Section 7-407 and one of whom shall be chosen by the arbitrators named in such submission. The third arbitrator shall be chosen after the parties sign the submis sion provided in Section 7-407 and before arbitration begins.

(b) If the arbitrators chosen by the parties are unable to agree upon the third arbitrator as provided in subsection (a) of this Section, the judge authorizing the arbitration and appointing the referee or said judge's successor shall appoint the third arbitrator.

(c) In cases involving a medical malpractice claim where there are multiple plaintiffs or defendants, there shall be only one arbitrator chosen by each side. The plaintiff parties shall have the right to choose one arbitrator and the defendant parties shall have the right to choose one arbitrator.

7-409. Vacancies. If an arbitrator selected by one of the parties should cease to serve for any reason, the party who chose the arbitrator shall then choose another in his place. If the arbitrator chosen by the other arbitrators shall cease to serve for any reason, the arbitrators chosen by the parties shall choose another in his place. If the arbitrators chosen by the parties are unable to agree upon the third arbitrator, said third arbitrator shall be appointed as provided in Code Section 7-408 (b). An arbitrator chosen pur suant to this Section shall have all the powers of the original arbitrator.

7-410. Arbitrators To Be Sworn, (a) Before the arbitrators begin the arbitration, they shall be sworn by the referee impar tially to determine the matters submitted to them according' to law and the justice and equity of the case without favor or affec tion to either party.

(b) Each arbitrator selected under the provisions of this Act shall sign the following affidavit before the selection is effective and before acting as an arbitrator:

State of Georgia _..__-----.___._--.__-- County

I, --_--__.______.-._............. first being duly sworn, make this affidavit:

I, _-----._.___----_--_--._-..---, agree to serve as arbitrator in the case of _-__.___.,,_--_--_--__--__,,-- vs. ,,..__,,--._,,._..__--_-.--.--, and will decide any issue put before me without favor or affection to any party and without prejudice for or against any party. I will follow and apply the law as given to me by the referee and will accept and abide by all decisions of the referee. I also agree not to discuss

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this case or any issue with any person except when all other arbi trators and the referee are present.

__....___.___._._., L. S.

7-411. Postponement Of Arbitration. When, upon the meeting of the arbitrators, if either party shall not be ready for trial, the referee may postpone the hearing of the case to a future day, which day shall be as early as may be consistent with the ends of justice, considering all the circumstances of the case. If one party shall not be ready for trial at the time appointed for the hearing of the case and said party has previously required two or more postponements of the trial, the referee shall determine whether the arbitration panel shall nonetheless hear the case or whether another postponement shall be granted, such determina tion to be consistent with the ends of justice, considering all the circumstances of the case.

7-412. Adjournments By Arbitrators. After the arbitrators shall have commenced their investigations, they may adjourn from day to day, or for a longer time, if the ends of justice require it, until their investigations are completed, and they have made up their award. The arbitrators will not meet or discuss the case or any issue except as a group and with the referee present.

7-413. Discovery- The parties to the arbitration may obtain discovery in the same manner as provided by law for discovery in civil cases in the superior courts.

7-414. Powers Of Referee To Compel Attendance Of Witnesses; Compensation Of Witnesses. The referee shall be clothed with all the powers of the superior courts to compel the attendance of witnesses before the arbitrators, to compel witnesses to testing, and to issue subpoenas requiring the attendance of witnesses at the time and place of the meeting of the arbitrators. Subpoenas shall be served in the manner provided by law for the service of subpoenas in cases pending in the superior courts. Witnesses shall be entitled to the same compensation as witnesses in the superior courts, and such compensation may be collected in the same manner.

7-415. Powers Of The Referee To Compel The Production Of Books, Etc. The referee shall be clothed with all the powers of the superior courts to compel parties to produce books and all other papers which they may deem necessary and proper for the investigation of the matters submitted to arbitration, giving to the party, his agent or attorney, from whom the production is required, such notice as is required in the superior courts for the production of papers.

7-416. Competency Of Witnesses. All persons who are com petent as witnesses in the superior courts shall be competent in all cases before said arbitrators.

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7-417. Rules Governing Examination Of Witnesses And Ad
mission Of Evidence. The examination of witnesses and the ad mission of evidence shall be governed by the rules applicable to the superior courts.

7-418. Administration Of Oaths By Referee. The referee shall have power to administer oaths to witnesses, and all other oaths that may be necessary for carrying the provisions of this Chapter into full effect.

7-419. Findings. The arbitrators shall make a written finding on each of the matters in controversy contained in the submission. If the arbitrators shall fail to agree on any finding, then any two of them may make the finding, which shall have the same force and effect as if made by all.

7-420. Copy Of Findings To Be Given To Parties, Original Returned To Court; Record; Effect. After the arbitrators shall have made their findings, the referee shall furnish each of the parties with a copy thereof, and the original shall be entered on the minutes of the court authorizing the arbitration, shall have all the force and effect of a judgment or decree of said court, and may be enforced in the same manner at any time after the ad journment of said court. For the entering of such findings upon the minutes of the court, the clerk shall be entitled to the same fees allowed by law for the entering of judgments in other cases, to be paid by the parties as provided in the submission.

7-421. Finality Of Findings; Appeals To Superior Court. All findings of the arbitrators with respect to which no application for a review thereof is filed in due time, shall be final and conclusive between the parties as to all matters submitted to the arbitrators; but either party to the dispute may, within 30 days from the date such findings are entered upon the minutes of the court authorizing the arbitration, appeal from such findings to the superior court of the county in which the arbitration was authorized. When such appeal is made, all findings shall be final and conclusive between the parties as to all matters submitted to the arbitrators only upon the final disposition of the appeal as provided by this Chapter. The party conceiving himself to be aggrieved may file an applica tion in writing to the referee of the arbitration panel asking for an appeal from any such findings, stating generally the grounds upon which such appeal is sought. In the event such appeal is filed as herein provided, the referee shall, within 30 days from the filing of the same, cause a true copy of the submission, findings and all other parts of the record, including a transcript of evidence and proceedings, to be transmitted to the clerk of the superior court to which the case is appealable, as hereinbefore set out. The cause so appealed may thereupon be brought on for a hearing in either term time or vacation before said superior court upon such record by either party on 10 days' written notice to the other; subject, however, to an assignment of the same for hearing by the court. The findings of fact made by the arbitrators shall, in

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the absence of fraud, be conclusive, but upon such hearing the court shall set aside the findings, if it be found that:

(1) The findings were procured by fraud;

(2) There is no evidence to support the findings of fact by the arbitrators;

(3) The findings are contrary to law.

No findings shall be set aside by the court upon any grounds other than one or more of the grounds above stated. If not set aside upon one or more of such stated grounds, the court shall affirm the findings so appealed from. Upon the setting aside of any such findings, the court may recommit the controversy to the arbi tration panel for further hearing or proceeding in conformity with the judgment and opinion of the court, or such court may enter the proper judgment upon the findings, as the nature of the case may demand. Such decree of the court shall have the same effect, and all proceedings in relation thereto shall thereafter be the same as though rendered in a suit heard and determined by said court.

In case of an appeal from the decision of the arbitration panel, said appeal shall operate as a supersedeas, and no defendant shall be required to make payment of the amount involved in the sub mission in the case so appealed, until such question at issue therein shall have been fully determined in accordance with the provisions of this Chapter. Defendant may voluntarily make payment, how ever, prior to final disposition of the appeal.

7-422. Costs; How Taxed. The arbitrators shall return in their award the costs of the case, which they shall tax against the parties in accordance with the submission.

7-423. Compensation Of Arbitrators And Referee. The arbi trators and referee shall have such compensation for their services as may be agreed upon by the parties in the submission.

7-424. Civil And Criminal Immunity. An arbitrator shall not be civilly or criminally liable for libel, slander or defamation of any of the parties to the arbitration, for any statement or action taken within the official capacity of the arbitrator during the arbitration."

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 37, nays 1, and the sub stitute was adopted.

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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 Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Eldridge 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 Button Tate Thompson Timmons Traylor Turner Tysinger Walker
Wessels

Those not voting were Senators:

Doss Duncan

English Holloway (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 resolution of the House, having been read the third time and adopted on March 2, and reconsidered March 3, was put upon its adoption:

HR 586. By Representatives Beck of the 148th, Adams of the 79th, and Patten of the 146th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the publication of a summary of each proposed general amendment to the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Article XII, Section I, Paragraph I of the Constitution
is hereby amended by striking the second paragraph which reads as follows:

"The Governor, the Attorney General, and the Secretary of State shall meet and determine whether a proposed amendment is general, and if not general, shall determine what political subdivision or subdivisions are directly affected by such proposed amendment. If a proposed amendment is general, it shall be published, as pro vided by law in full, once each week for three consecutive weeks immediately preceding the date of the election at which such pro posed amendment is to be submitted, in one newspaper of general circulation in each Congressional District of the State. If such pro posed amendment is not general, it shall be published, as provided by law, in full, once each week for three consecutive weeks immedi ately preceding the date of the election at which such proposed amendment is to be submitted, in one newspaper of general circula tion in each county in which the directly affected political subdivision or subdivisions are located. In the event no such newspaper is located in such county, a newspaper in an adjoining county shall be used. A proposal for a new Constitution shall be published in the same manner as proposed general amendments.",
and inserting in lieu thereof the following:
"The Attorney General, the Legislative Counsel and the Secre tary of State shall determine whether a proposed amendment is general, and if not general, shall determine what political subdivision or subdivisions are directly affected by such proposed amendment. If a proposed amendment is general, a summary of such proposal shall be published in the official organ of each county and, if deemed advisable by the 'Constitutional Amendments Publication Board', in not more than 20 other newspapers in the State which meet the qualifications for being selected as the official organ of a county. Said Board shall be composed of the Governor, the Lieutenanat Gov ernor and the Speaker of the House of Representatives and shall designate the additional newspapers, if any, in which such summary shall be published. The summary shall be prepared by the Attorney General, the Legislative Counsel and the Secretary of State. Such summary shall be published once each week for three consecutive weeks immediately preceding the date of the election at which such proposed amendment is to be submitted. A copy of the entire pro posed amendment shall be filed in the office of the judge of the probate court of each county and shall be available for public inspection. If such proposed amendment is not general, it shall be published in full once each week for three consecutive weeks im mediately preceding the date of the election at which such proposed amendment is to be submitted in any newspaper with a paid cir culation which exceeds that of the official organ or in the official organ of each county in which the directly affected political sub division or subdivisions are located. A proposal for a new Consti tution shall be published in the same manner as a proposed general amendment. The General Assembly is hereby authorized to provide by law for additional matters relative to the publication and dis-

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tribution of proposed amendments and summaries not in conflict with the provisions of this Paragraph."

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 the publication of a summary of each
( ) NO proposed general amendment to the Constitu tion?"

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

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

Senator Barker of the 18th moved that the Senate reconsider its action on March 2 in defeating the following amendment offered by the Senate Committee on Rules:
Amend HR 586 by adding before the sentence, "A proposal for a new Constitution shall be published in the same manner as a proposed general amendment.", the following:
"The 'Constitutional Amendments Publication Board' shall des ignate whether the official organ or another newspaper shall be selected for such publication."

On the motion, the yeas were 31, nays 0; the motion prevailed, and the com mittee amendment was reconsidered and put upon its adoption.

On the adoption of the amendment offered by the Senate Committee on Rules, the yeas were 31, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, as amended, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

MONDAY, MARCH 6, 1978

2975

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Carter Dean of 6th Dean of 31st Doss Eldridge Fincher Foster

Greene Hill Howard Hudson Johnson Kidd Langford Overby Paulk Pearce Reynolds Riley Robinson

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

Those voting in the negative were Senators:

Allgood Brown of 47th Gillis

Kennedy
Lester McGill

Traylor Walker

Those not voting were Senators:

Bond Broun of 46th Coverdell

Duncan English Evans

Holloway (presiding) Hudgins Russell

On the adoption of the resolution, the yeas were 39, nays 8.

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

The following local bill of the House was taken up for the purpose of con sidering the House action thereto:

HB 1980. By Representative Vaughn of the 57th:
A bill to create and establish for and in the County of Rockdale a court to be known as the Magistrate's Court of Rockdale County.

The House amendment to the Senate substitute to HB 1980 was as follows:
Amend the Senate substitute to HB 1980 by deleting from line 22, subsection "B" of Section 2, the figure "3000.00", and substituting a new figure of "$2000.00".

Senator Ballard of the 45th moved that the Senate agree to the House amend ment to the Senate substitute to HB 1980.

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On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1980.

The following general resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:

HR 479. By Representatives Murphy of the 18th, Connell of the 87th and Snow of the 1st:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the effective date of amendments to the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article XII, Section I, Paragraph IV of the Constitution is hereby amended by adding after the word "itself" the words "or the resolution proposing the amendment", so that when so amended Para graph IV shall read as follows:
"Paragraph IV. Effective date of amendments. Unless the amendment itself or the resolution proposing the amendment shall provide otherwise, an amendment to this Constitution shall become effective on the first day of January following its ratification."
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 effective date of amendments to the Constitution?"
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 favorably to the adoption of the resolution, was agreed to.

MONDAY, MARCH 6, 1978

2977

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 Eldridge Evans

Fincher Foster Gillis Greene Hill Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds

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

Those not voting were Senators:

Doss Duncan English

Holloway (presiding) Hudgins Pearce

Russell Tate

On the adoption of the resolution, the yeas were 48, nays 0.

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

The following bill of the Senate was taken up for the purpose of considering the House action thereto:

SB 449. By Senators Lester of the 23rd, Shapard of the 28th and Duncan of the 30th:
A bill to amend Code Title 88, known as the Georgia Health Code, as amended, so as to provide a new Chapter 88-5, relating to hospitalization and treatment procedures for the mentally ill; to provide for definitions; to provide for the rights of patients.

The House amendments were as follows:
Amendment No. 1:
Amend SB 449 by striking from lines 14 through 17 of Page 16 the following:

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"The State Department of Education shall provide for the edu cation of all patients of school age who are hospitalized in any State-owned, operated, or designated facility.",

and inserting in lieu thereof the following:

"The State Department of Human Resources and the State Department of Education shall assure that education is provided for all patients of school age who are hospitalized in any State-owned, operated, or designated facility."

Amendment No. 2:

Amend SB 449 hy striking from lines 20 and 21 of Page 2 the following:

"To provide for specific repeal of portions of certain laws;"

By adding on line 29 of Page 25 after the following: "or 88-503.3"

the following:
"; provided, however, that the parents or guardian of a minor child must give written consent to such treatment."

By striking from lines 12 and 13 of Page 26 the following:

"Who is 12 years of age or older and"

and substituting in lieu thereof the following:

", other than a minor child for whom admission has been sought by his parents or guardian,"

*

By striking lines 17 through 23 of Page 51 in their entirety.

By striking from line 24 of Page 51 the following:

"Section 5."

and substituting in lieu thereof the following:

"Section 4."

Senator Lester of the 23rd moved that the Senate agree to the House amend ments to SB 449.

MONDAY, MARCH 6, 1978

2979

On the motion, 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 Fincher Poster Gillis Hill Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester Overby Paulk Reynolds

Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Duncan English Greene

Holloway (presiding) McGill Pearce

Russell Timmons Traylor

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 449.

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

HR 739. By Representatives Reaves of the 147th and Pinkston of the 100th:
A resolution authorizing the Georgia Forestry Commission to execute a long-term lease from the United States of America, by the Southeastern Area, State and Private Forestry, Forest Service, Department of Agri culture, for a certain tract of land located in Bibb County, together with the improvements located and to be located thereon.
Senator Sponsor: Senator Gillis of the 20th.

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 f olows:

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Those voting in the affirmative were Senators:

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

Fincher Foster Gillis Hill Howard Hudgins Hudson Kennedy Kidd Langford Lester Overby Paulk Pearce

Reynolds Robinson Scott Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Brown of 47th Coverdell English Evans Greene

Holloway (presiding) Johnson McGill Riley Russell

Starr Traylor Wessels

On the adoption of the resolution, the yeas were 43, nays 0.

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

HB 1575. By Representatives Jones of the 78th and Tucker of the 73rd:
A bill to amend Code Section 47-101, relating to the apportionment of the House of Representatives, so as to change the composition of certain Representative Districts.
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 Brown of 47th

Carter Dean of 6th Dean of 31st
Doss Duncan

Eldridge Evans Fincher Foster Gillis Hill Howard Hudgins Hudson Kennedy Kidd Langford

MONDAY, MARCH 6, 1978

3981

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:

Coverdell English

Greene Holloway (presiding)

Johnson Walker

On the passage of the bill, the yeas were 50, 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 450. By Senators Lester of the 23rd, Shapard of the 28th and Duncan of the 30th:
A bill to amend Code Title 88, known as the Georgia Health Code, as amended, so as to provide a new Chapter 88-25, relating to habilitation procedures for the mentally retarded; to provide for a declaration of policy; to provide for definitions.

The House amendment was as follows:
Amend SB 450 by striking from lines 19 through 22 of Page 15 the following:
"The State Department of Education shall provide for the edu cation of all clients of school age who are in any State-owned, operated, or designated facility.",
and inserting in lieu thereof the following:
"The State Department of Human Resources and the State Department of Education shall assure that education is provided for all clients of school age who are in any State-owned, operated, or designated facility."

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Senator Lester of the 23rd moved that the Senate agree to the House amend ment to SB 450.

On the motion, 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 Evans
Fincher

Foster Hill
Howard Hudgins Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson

Those not voting were Senators:

Coverdell Duncan English

Gillis Greene

Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels
Holloway (presiding) Johnson

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 450.

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

HB 1683. By Representatives Butler, Tolbert and Johnston of the 56th and others:
A bill to amend Code Section 26-1312, relating to the crime of inter ference with custody, so as to include within the crime the act of knowingly bringing into this State a person committed to the custody of another person; to provide a penalty; to provide for editorial revision.
Senate Sponsor: Senator Allgood of the 22nd.

Senator Pearce of the 16th offered the following amendment:
Amend HB 1,683 by striking from lines 6 and 7 of Page 2 the following:
"or by bringing a committed person into this State".

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2983

On the adoption of the amendment, the ayes were 31, 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 Dean of 6th Dean of 31st Doss Duncan Evans

Fincher Foster Gillis Hill Howard Hudgins 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 Eldridge English

Greene Holloway (presiding) Hudson

Johnson Russell

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 1485. By Representatives Mostiler of the 71st, Adams of the 79th, Daniel of the 88th and others:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to provide certain conditions upon the authority of a municipality to levy or collect proceeds from the local option sales tax.
Senate Sponsor: Senator Starr of the 44th.

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The Senate Committee on Banking, Finance and Insurance offered the fol lowing substitute to HB 1485:

A BILL
To be entitled an Act to amend an Act known as the "Georgia Re tailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 984), an Act approved June 30, 1975 (Ga. Laws 1975, p. 1729), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1019), and an Act approved March 24, 1977 (Ga. Laws 1977, p. 1008), so as to provide certain conditions upon the au thority of a municipality to levy or collect proceeds from the local option sales tax; to provide for construction; 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. An Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 984), an Act approved June 30, 1975 (Ga. Laws 1975, p. 1729), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1019), and an Act approved March 24, 1977 (Ga. Laws 1977, p. 1008), is hereby amended by striking subsection (k) of Section 26A thereof in its entirety and substituting in lieu thereof a. new subsection (k) to read as follows:

"(k) (1) As a condition precedent for authority to levy the tax or collect any proceeds from the tax authorized by this Section for
the year following the initial year in which it is levied, the governing authority of any municipality levying such tax or collecting any proceeds from such tax shall adjust the mill rate for ad valorem taxation for operations and maintenance of such municipality so that the revenue derived from ad valorem taxation of tangible prop erty by such municipality shall not exceed that total received
from such taxation for the previous year, less an amount which shall equal the net proceeds derived by such municipality from the tax imposed pursuant to this Section during the previous year, if such tax was imposed for an entire calendar year, or if such tax was imposed for only a fraction of a year, by an annualized amount representing the tax for the entire calendar year. Provided, however, that any mill rate which has been established for the retirement of any bonded debt of the municipality shall in no way be reduced or affected. Provided, however, that when the corporate limits of a municipality are within more than one county, the re duction in ad valorem mill rate required by this subsection shall apply only in that portion of the municipality levying the tax or collecting any proceds from the tax.

(2) If, as a result of the foregoing paragraph, the mill rate levied for municipal operation and maintenance on tangible property

MONDAY, MARCH 6, 1978

2985

shall be reduced to zero or if no ad valorem tax is levied upon tangible property by a municipality, then any funds derived from the tax authorized by this Act which remain in the general fund of such municipality may be expended by the governing authority of such municipality for any lawful governmental purpose, including the retirement of bonded indebtedness.
(3) As a condition precedent for authority to levy the tax or collect any proceeds from the tax authorized by this Section for the years following the year after the initial year in which it is levied, the municipality shall adjust annually the mill rate for municipal ad valorem taxation of tangible personal property as provided in this paragraph. The municipal governing authority shall compute the mill rate necessary to produce revenue from taxation of tangible property in the municipality which, when combined with other revenues reasonably expected to be received by the municipality during the year other than revenues derived from the tax imposed pursuant to this Section, would provide revenues sufficient to defray the expenses of the municipality for the year. The mill rate so ascertained shall then be reduced by a mill rate which, if levied against the tangible property within the municipality, would produce an amount equal to the proceeds of the tax levied under this Section which were received by the municipality during the preceding year. The tax bill of each ad valorem taxpayer in the municipality shall show in a prominent manner the total mill rate first computed in this paragraph and shall show such mill rate reduced by the mill rate computed as the mill rate required to raise an amount of revenue equal to the proceeds of the sales tax during the previous year. The remainder shall be the mill rate upon which the taxpayer's bill is based.

(4) The taxing authority of each municipality coming1 under the provisions of this Section shall show in a prominent manner on the tax bill of each ad valorem taxpayer the dollar amount of reduction of municipal ad valorem property taxes which such taxpayer has received as a result of such municipality coming under the provisions of this Section.

(5) The provisions of this subsection shall not be construed so as to require that a municipality prepare and mail ad valorem prop erty tax bills when the ad valorem property tax mill rate in the municipality has been reduced to zero as a result of the receipt of proceeds from the tax levied pursuant to this Section."

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

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

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

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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 Dean of 6th Dean of 31st Doss Duncan Eldridge
Evans

Fincher Foster Gillis Hill 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 voting were Senators:

Coverdell English

Greene Holloway (presiding)

Hudgins

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 1937. By Representative Adams of the 36th:
A bill to amend an Act to establish a Department of Community Affairs and provide its powers, duties and functions so as to transfer to said Department of Community Affairs the responsibility directly or in co operation with other agencies to provide, coordinate or secure services to local governments relating to local financing, public facilities, law enforcement, personnel recruiting, public administration and related activities. Senate Sponsor: Senator Sutton 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:

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2987

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 Eldridge Evans

Fincher Foster Gillis Greene Hill 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:

Coverdell English

Holloway (presiding) Hudgins

Traylor

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

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

HR 482. By Representatives Adams of the 36th, Harrison of the 20th, Glanton of the 66th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that certain property located within any county of this State having a popu lation of 600,000 or more according to the United States Decennial Census of 1970 or any future such census which is owned by a nonprofit corpo ration organized for the primary purpose of encouraging cooperation between parents and teachers to promote the education and welfare of children and youth shall be exempted from all State, county, municipal and school taxation, including such taxation to pay interest on and retire bonded indebtedness; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"Property located within any county of this State having a

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population of 600,000 or more according to the United States Decen
nial Census of 1970 or any future such census which is owned by a
nonprofit corporation organized for the primary purpose of en couraging cooperation between parents and teachers to promote the education and welfare of children and youth and which is used by .such nonprofit corporation primarily for its general headquarters may be exempted by the General Assembly from all State, county, municipal and school taxation, including such taxation to pay inter est on and retire bonded indebtedness, notwithstanding the fact that such nonprofit corporation may derive income from fees or dues paid by persons, organizations or associations to affiliate with such nonprofit corporation. This paragraph shall be effective for 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 pro vide that certain property located within any
( ) NO county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census which is owned by a nonprofit corporation organized for the primary purpose of encourag ing cooperation between parents and teachers to promote the education and welfare of children and youth shall be exempted from all State, coun ty, municipal and school taxation, including such taxation to pay interest on and retire bonded
indebtedness."

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

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

Senator Hudson offered the following amendment:
Amend HR 482 by striking the word "may" where it appears on line 25 of Page 1 and inserting in lieu thereof the word "shall".

On the adoption of the amendment, the yeas were 31, nays 0, and the amend ment was adopted.

MONDAY, MARCH 6, 1978

2989

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

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

Those not voting were Senators:

Banks (excused conferee) Coverdell

Duncan English Holloway (presiding)

Russell Scott Shapard Stair Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels
Hudgins Johnson

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.

The following local bill of the House was taken up for the purpose of con sidering the House action thereto:

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 of fice; to provide for filling vacancies; to provide for practices and proce dures.

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The HouSe amendment was as follows:

Amend the Senate substitute to HB 742 as follows:

By striking lines 1 through 6 of Page 1 in their entirety and in serting in lieu thereof the following:

"To provide for the election of members of the Board of Educa tion of Bryan County; to provide for Education Districts and posts; to provide for initial and regular terms of office; to provide for filling vacancies; to provide for practices and procedures; to pro vide for a referendum; to repeal conflicting laws; and for other purposes."

By striking Section 1 beginning on line 8 of Page 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

"Section 1. (a) The Board of Education of Bryan County shall be composed of five members, who shall be qualified voters of Bryan County. The terms of office of all members presently serving as ap pointed members of the board shall expire on December 31, 1978, and new members of the board shall be elected as provided in this Act.

(b) For the purpose of electing members of the board of ed ucation, Bryan County is hereby divided into three Education Dis tricts to be composed of that territory embraced within the following Militia Districts within Bryan County:

Education District 1 -- G.M.D. 19 (Pembroke). Education District 2 -- G.M.D. 1380 (Ellabelle). Education District 3 -- G.M.D. 20 (Richmond Hill).

(c) For the purpose of electing the members of the board of education, there shall be five member posts on the board. The mem ber elected to Post 1 shall be the chairman of the board and shall be elected from the county at large by the qualified voters of the entire county. The member elected to Post 2 shall be the vice-chair man of the board and shall be elected from the county at large by the qualified voters of the entire county. The member elected to Post 3 shall be a resident of Education District 1 and shall be elected by the qualified voters residing within Education District 1. The member elected to Post 4 shall be a resident 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. Candidates for election to the board shall designate the numbered post on the board for which they
offer as a candidate.

(d) The initial members of the board to be elected under the provisions of this Act shall be elected in the general election in No vember, 1978, and shall take office on January 1, 1979. The members

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2991

elected to Post 1, Post 3 and Post 5 shall serve for an initial term of office of four years each and until their respective successors are duly elected and qualified. The members elected to Post 2 and Post 4 shall serve for an 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 Jan uary following their election for a term of office of four years each and until their respective successors are duly elected and qualified.

(e) Vacancies which occur on the board during the first year and nine months of a term of office shall be filled by the remaining members of the board electing a successor to serve until the next general election. In any such event, a successor shall be elected in a special election to be held at the same time as such general
election and the person so elected shall serve for the remainder
of the unexpired term of office. Vacancies occurring during the last two years and three months of a term of office shall be filled by the remaining members of the board electing a successor to serve out the unexpired term of office."

By striking Section 2 beginning on line 13 of Page 1 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:

"Section 2. Not less than 1 nor more than 10 days after the date of the approval of this Act by the Governor, or after it other wise becomes law, it shall be the duty of the election superintendent of Bryan County to issue the call for an election for the purpose of submitting this Act to the electors of the Bryan County School Dis trict for approval or rejection. The election superintendent shall set the date of such election for a day not less than 30 nor more than 40 days after the date of the issuance of the call. The election super intendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Bryan County. The ballot shall have written or printed thereon the words:
'( ) YES Shall the Act providing for the election of a five member Board of Education for Bryan County
( ) NO 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 on January 1, 1979, except that the provisions of Section 1 which are neces sary for the purpose of conducting the elections in 1978 shall become effective immediately upon approval of this Act in the referendum pro vided for in this Section, otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Bryan County. It shall be the duty of the election superintendent to hold and conduct such

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election. It shall be his further duty to certify the result thereof to the Secretary of State."

By striking Sections 3, 4, 5 and 6 in their entirety.

By redesignating Section 7 beginning on line 17 of Page 8 as Section 3.

Senator Traylor of the 3rd moved that the Senate agree to the House amend ment to the Senate substitute to HB 742.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 742.

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

HB 1329. By Representative Buck of the 95th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to change the provisions relating to the service necessary for retirement by certain members.
Senate Sponsor: Senator Summers of the 53rd.

The following fiscal note, as required by law, was read by the Secretary:

DEPARTMENT OP AUDITS 115 State Capitol
Atlanta, Georgia 30334

February 15, 1978

MEMORANDUM

TO:

The Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark Stevens, Director Office of Planning and Budget

SUBJECT: Fiscal Note--House Bill 1329 (Committee Substitute)

This Committee Substitute Bill would change the eligibility of the Dept. of Public Safety's Uniform Division personnel to receive a waiver of the mandatory retirement age in order to complete service to have 25 years of total creditable service. Current law provides that the Director of the mandatory retirement age in order to complete service sufficient to have 25 years of total creditable service. Current law provides that the Director of DPS may waive the mandatory retirement age for those mem bers who entered service in the Uniform Division on or before December

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2993

31, 1960. This Committee Substitute Bill would change the service entry date limitation to December 31, 1965. Discretion over the granting of waivers would remain with the Director of DPS.

The fiscal impact of this Committee Substitute Bill on the Em ployees' Retirement System could not be determined. Any impact on ERS should be beneficial to the extent that it would extend the period members would contribute and thereby shorten the period the System would otherwise be paying benefits to such members. ERS records in dicate that there are ten DPS personnel who would become eligible for a waiver if this Bill is enacted.

The fiscal impact on the Dept. of Public Safety could not be deter mined. It is expected, however, that the amount of employer contributions payable would be increased to the extent that employees with longer service could be expected to have higher rates of compensations, and therefore higher employer contributions than new or younger employees who might otherwise replace these older members.

/s/ William M. Nixon State Auditor

/s/ Clark Stevens, 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 was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Greene Hill Howard Hudgins Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson

Those not voting were Senators:

Allgood (excused conferee) Barker

Duncan English Evans

Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels
Gillis Holloway (presiding) Hudson

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JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 48, nays 0.

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

The following bill of the Senate was taken up for the purpose of considering the House action thereto:

SB 451. By Senators Lester of the 23rd, Shapard of the 28th and Duncan of the 30th:
A bill to amend Code Title 88, known as the Georgia Health Code, as amended, so as to provide a new Chapter 88-4, relating to hospitalization and treatment procedures for alcoholics, drug dependent individuals, and drug abusers; to provide for definitions; to provide for the rights of patients.

The House amendments were as follows:
Amendment No. 1:
Amend SB 451 by striking, beginning on line 26, Page 3, the fol lowing :
"or who by reason of the repeated use of such drug is in immi nent danger of becoming dependent upon such drug or drugs;". Amendment No. 2:
Amend SB 451 by striking from lines 29 through 32 of Page 17 the following:
"The State Department of Education shall provide for the edu cation of all patients of school age who are hospitalized in any Stateowned, operated, or designated facility.",
and inserting in lieu thereof the following:
"The State Department of Human Resources and the State Department of Education shall assure that education is provided for all patients of school age who are hospitalized in any State-owned, operated, or designated facility."
Amendment No. 3:
Amend SB 451 as follows:
By adding on line 1 of Page 27 after the following:
"or 88-403.3"

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2995

the following:
"; provided, however, that the parents or guardian of a minor child must give written consent to such treatment."

By striking from line 20 and 21 of Page 27 the following:

"Who is 12 years of age or older and"

and substituting in lieu thereof the following:

", other than a minor child for whom admission has been sought by his parents or guardian,"

By striking lines 3 through 9 of Page 53 in their entirety.

By striking from line 10 of Page 53 the following:

"Section 5."

and substituting in lieu thereof the following:

"Section 4."

Senator Lester of the 23rd moved that the Senate agree to the House amend ments to SB 451.

On the motion, 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

Pincher Foster 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
Timmons
Traylor
Turner
Tysinger
Walker
Wessels

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Those not voting were Senators:

English Gillis

Greene

Holloway (presiding)

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 451.

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

HB 1333. By Representative Pinkston of the 100th: A bill to create the Georgia Educational Facilities Authority; to autho rize the Authority to acquire, construct and equip self-liquidating Projects consisting of educational facilities for lease or sale to private institutions of higher education; to confer powers and impose duties on the Authority; to provide for the appointment of members of the Au thority. Senate Sponsor: Senator Ballard of the 45th.
Senator Ballard of the 45th offered the following amendment:
Amend HB 1333 as follows:
By striking from line 1 of Page 1 the following:
"Georgia Educational Facilities",
and inserting in lieu thereof the following:
"Private Colleges and Universities Facilities".
By striking from line 27 of Page 2 the following:
"Georgia Educational Facilities",
and inserting in lieu thereof the following:
"Private Colleges and Universities Facilities".
By striking from line 28 of Page 2 the following:
"Georgia Educational Facilities",
and inserting in lieu thereof the following:
"Private Colleges and Universities Facilities".

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2997

By striking from lines 30 and 31 of Page 2 the following:

"Georgia Educational Facilities",

and inserting in lieu thereof the following:

"Private Colleges and Universities Facilities".

By striking from lines 6 and 7 of Page 4 the following:

"Georgia Educational Facilities",

and inserting in lieu thereof the following:

"Private Colleges and Universities Facilities".

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, 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 Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Evans Fincher

Foster Gillis 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 Timmons Traylor Turner Tysinger Walker

Those not voting were Senators:

Barker Carter

English Greene

Holloway (presiding) Wessels

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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 as amended.

HR 741. By Representative Buck of the 95th:
A resolution authorizing the Governor on behalf of the State of Georgia to convey to the Colonial Pipeline Company, a Delaware Corporation, an easement for right-of-way purposes for a petroleum products pipe line in Barrow County, Georgia, being a part of the lands of the Fort Yargo State Park, to provide for the consideration for such easement.
Senate Sponsor: Senator Tysinger of the 41st.

The Senate Committee on Industry, Labor and Tourism offered the following substitute to HR 741:
A RESOLUTION
Authorizing the Governor on behalf of the State of Georgia to convey to the Colonial Pipeline Company, a Delaware Corporation, an easement for right-of-way purposes for a petroleum products pipeline in Barrow County, Georgia, being a part of the lands of the Fort Yargo State Park, to provide for the consideration for such easement; and for other purposes.
WHEREAS, Colonial Pipeline Company, a Delaware Corporation, is engaged in constructing a forty (40) inch petroleum products pipe line within the State of Georgia, and a portion of such pipeline is through and across certain lands of the Fort Yargo State Park, south of Winder, in Barrow County, Georgia; and
WHEREAS, the State of Georgia, on the sixth day of May, 1963, by authority of H. R. No. 159-429, approved April 9, 1963, Georgia Laws 1963, page 412, did grant and convey unto Colonial Pipeline Company a permanent easement for a pipeline right-of-way to construct, main tain, inspect, operate, protect, repair, replace, change the size of, and remove a pipeline for the transportation of liquids and/or gases on, over and through a portion of said park lands, said right-of-way being forty (40) feet in width and extending twenty (20) feet on either side of the center line of the pipeline installed thereunder; and
WHEREAS, Colonial Pipeline Company now desires to install an additional pipeline, forty (40) inches in diameter, for the above stated purpose, within the boundaries of the aforementioned permanent rightof-way easement; and
WHEREAS, Colonial Pipeline Company also now desires to obtain an additional permanent easement, for the proposed forty (40) inch pipeline, for the same purpose; and

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2999

WHEREAS, a survey has been prepared of the existing easement, the existing pipeline, the proposed additional easement, and the pro posed forty (40) inch pipeline and the survey has been presented to the State of Georgia, Department of Natural Resources and there are no objections thereto; and
WHEREAS, under the provisions of an Act approved February 26, 1943 (Ga. Laws 1943, 1662), it is declared as being in the public interest that corporations engaged in constructing, running, or oper ating pipelines in this State for the transportation of petroleum prod ucts shall have the right to traverse with pipelines any property owned by the State or any subdivision thereof; and
WHEREAS, the construction of such pipeline would be a benefit to the State of Georgia; and

WHEREAS, Colonial Pipeline Company is willing to pay to the State of Georgia ten thousand ($10,000.00) dollars for said easement and right-of-way, and these are fair and reasonable considerations for granting of such easement and right-of-way.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf of the State of Georgia is hereby authorized and empowered to convey to the Colonial Pipeline Company, its successors and assigns, an easement for a pe troleum pipeline rights-of-way as hereinabove described, across, through and under the property and tracts of land of the State of Georgia as particularly shown on the aforementioned survey, however, the said easement shall contain provisions reserving to the State of Georgia, its successors and assigns, such rights and privileges in said property and tracts of land as may be used and enjoyed, without interfering with or abridging the right contained in the easement conveyed to Colonial Pipeline Company.

BE IT FURTHER RESOLVED that upon ascertaining that the sum of ten thousand ($10,000.00) dollars has been paid into State Treasury by the Colonial Pipeline Company as set forth in this Resolu tion, the State Properties Commission, by its Chairman, the Governor, acting for and on behalf of the State of Georgia, is hereby further autho rized and empowered to execute and deliver said easement and other written instruments that may be necessary for said petroleum pipeline rights-of-way purposes and said easement and other instruments shall be in such form as may be necessary to carry out the provisions of this Resolution and originate record chain of title to the easement
herein authorized.

BE IT FURTHER RESOLVED that, in addition to the above con sideration, Grantee agrees to repair or to pay for any actual damage which may be done to growing crops, timber, fences, buildings, or other structures directly caused by Grantee exercising any rights herein granted; provided, however, after the first pipeline has been installed, Grantee shall not be liable for damages caused on the right-of-way by

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JOURNAL OF THE SENATE,

keeping said right-of-way clear of trees, undergrowth, brush, and ob structions in the exercise of its rights granted herein.

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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher

Foster Gillis Hill 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:

Banks (excused conferee) Dean of 31st (excused conferee)

English Evans Greene Holloway (presiding)

Howard Hudgins Langford Starr

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The President resumed the Chair.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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3001

SB 73. By Senators Stumbaugh of the 55th, Johnson of the 34th and Sutton 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 documen tation for expenses claimed; to provide for exceptions.

The House has adopted, as amended, by the requisite constitutional majority the following resolution of the Senate:

SR 353. By Senators Gillis of the 20th and Kennedy of the 4th:
A resolution authorizing and directing the State Department of Nat ural Resources to designate the golf course in the Ocmulgee State Park as the "Wallace Adams Golf Course."

The House insists on its amendment to the following resolution of the Senate:

SR 326. By Senator Stumbaugh of the 55th:
A resolution proposing an amendment to the Constitution, so as to increase the homestead exemption of each resident of DeKalb County for the purposes of all DeKalb County and DeKalb County School District ad valorem taxes by providing that said homestead exemption shall be $3,000 in 1979; $4,000 in 1980 and $5,000 for 1981 and each year there after.

The following bill of the Senate was taken up for the purpose of considering the House action thereto:

SB 478. By Senator Lester of the 23rd:
A bill to amend an Act adding a new Code Chapter 24A-41, relating to hospitalization of mentally ill and mentally retarded children, so as to change the expiration date thereof; to provide for an effective date.

The House substitute to SB 478 was as follows:
A BILL
To be entitled an Act to amend Code Chapter 88-5, as amended, so as to change the provisions relative to the authority of facilities to receive voluntary patients upon application of the patient's parent or guardian; to provide procedures by which minors and wards may be admitted to facilities by application of the patent's parent or guardian;

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JOURNAL OF THE SENATE,

to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. Code Chapter 88-5, as amended, is hereby amended by striking Code Section 88-503.1 in its entirety and substituting in lieu thereof the following:

"88-503.1. Authority to receive voluntary patients, (a) The chief medical officer of any facility may receive for observation and diagnosis any patient 12 years of age, or older, making ap plication therefor. If found to show evidence of mental illness and to be suitable for treatment, such person may be given care and treatment at such facility and such person may be detained by such facility until discharged pursuant to Sections 88-503.2 or 88503.3, provided however that parents or guardians of a minor child must give written consent for such treatment. An individualized service plan shall be developed for such person as soon as possible.

(b) Notwithstanding the provisions of subsection (a) of this Section, the parent or guardian of any individual under 18 years of age or the guardian for any individual who has been declared legally incompetent and for whom a guardian has been appointed may initiate a proceeding to certify such individual's eligibility for voluntary admission, as follows:

(1) The parent or guardian shall cause the patient to be taken to any facility for observation, diagnosis and, if deemed necessary by the facility's chief medical officer, for treatment. The period of observation of the individual shall not exceed 15 days, including Saturdays, Sundays and holidays. Where possible, the observation shall be accomplished on an outpatient basis. Within the 15 day observation period, the chief medical officer of the facility shall determine if the patient is (i) mentally ill, (ii) suitable for treat ment, and (iii) acceptable for treatment by a facility. If the patient meets criteria (i), (ii), and (iii), the chief medical officer shall certify the patient as suitable for voluntary admission and shall direct that an individualized service plan be developed before the expiration of the 15 day observation period. If treatment of the patient will best be accomplished in another facility, prior to the completion of such plan, the other facility shall be contacted re garding the patient and give its approval before being included in the treatment plan. If the patient fails to meet criteria (i), (ii), and (iii), the patient shall be discharged from the facility no later than the expiration of the 15 day observation period. If the patient meets criteria (i), (ii), and (iii), the patient may be retained for continued observation, diagnosis, or treatment pending discharge or admission under subsection (b)(3) of this Section.

(2) Only if the chief medical officer of the facility certifies that the patient is suitable for voluntary admission may the parent or guardian file a petition in the court of the county where the

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3003

facility is located or in the county of residence of the individual, requesting that the individual be certified by the court as eligible for admission to the facility. Such petition shall be filed within two days, Saturdays, Sundays and holidays excluded, after the earlier of the expiration of the 15 day observation period or the certification by the chief medical officer.

(3) A full and fair hearing shall be provided within five days, Saturdays, Sundays and holidays excluded, after the filing of the petition by the parent or guardian. If the parent or guardian fails to file a petition by the time provided in subsection (b)(2) of this Section, the patient must be discharged; provided, nothing in this subsection shall operate to prohibit any action to hospitalize such patient pursuant to the Juvenile Court Code or any other law of this State. If the court in which the petition is filed specifically finds, after a full and fair hearing, (i) that the facility has ap proved the proposed admission pursuant to subsection (b)(l) of this Section, (ii) that there is no alternative to hospitalization which presents a reasonable expectation of accomplishing the treat ment goals set forth in the individualized service plan, (iii) that such individual is mentally ill, and (iv) that the individual would benefit from treatment in the designated facility, the court shall certify by written order that the individual is eligible for voluntary admission to that facility; otherwise, the petition for court certifi cation shall be dismissed and the patient shall be immediately discharged.

(4) Court certification of eligibility for admission under sub section (b)(3) of this Section shall not be construed as an invol untary hospitalization of the patient but shall empower the parent or guardian or other responsible person to admit such person to the facility for treatment and shall empower the facility to accept the person as a patient. Such certification shall authorize the hospitalization of such individual for a period of six months after the day of initial admission to a facility. If continued hospitalization is necessary at the end of that period, the chief medical officer shall direct that the individualized service plan be reviewed and, no later than 20 days before the end of such period, shall recertify the pa tient's suitability for admission pursuant to subsection (b)(l) of this Section and, no later than five days after such recertification, shall notify the patient's parent or guardian of such recertification, the date thereof and that such parent or guardian must file a_petition for court recertification within 10 days after such recertifi cation by their medical officer or the patient shall be discharged. If the parent or guardian fails or refuses timely to file a petition in that court designated in subsection (b)(2) of this Section, the patient shall be discharged. If such petition is timely filed, a full and fair hearing pursuant to subsection (b)(3) of this Section shall be held within five days, Saturdays, Sundays and holidays excluded, after such filing, and discharge or continued admission shall be ordered as provided therein. Thereafter, recertification under the provisions of this subsection (b) (4) shall be required at least annually in order to authorize continued hospitalization. A person
hospitalized under this subsection (b) (4) shall be required at least annually in order to authorize continued hospitalization. A person

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JOURNAL OP THE SENATE,

hospitalized under this subsection (b) (4) at all times shall remain subject to discharge pursuant to Sections 88-503.2 or 88-503.3.

(c) Any individual voluntarily admitted under the provisions of this Section shall be given notice of his rights under Sections 88-502 and 88-503.3 at the time of his admission."

Section 2. Said Code Chapter is further amended by striking from Code Section 88-505.5 (a) (2) the following:

"the parent or guardian may make application for voluntary admission under Section 88-503.1 (a)",
and substituting in lieu thereof the following:
"proceedings for voluntary admission under Section 88-503.1 (b) must be utilized and the chief medical officer shall certify for voluntary admission and develop an individualized service plan within the five-day evaluation period and the time periods specified for subsequent filing and hearings shall be counted from such time of certification."
Section 3. This Act shall become effective only if the authority to receive voluntary patients as set forth in Ga. Laws 1969, pp. 505, 517 (88-503.1 (a)) is held by any court of last resort to be unconstitutional.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Lester of the 23rd moved that the Senate agree to the House sub stitute to SB 478.

On the motion, 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

Fincher Foster Gillis
Hill Hudson Johnson Kennedy Kidd Langford Lester Overby Paulk Pearce Reynolds Riley

Robinson Russell Scott
Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Walker Wessels

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3005

Those voting in the negative were Senators:

Ballard English Evans Greene

Holloway Howard Hudgins

McGill Tate Tysinger

On. the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 478.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1848. By Representatives Thompson of the 93rd and Buck of the 95th:
A bill to amend Code Section 24-2715, relating to additional duties of clerks of superior courts, so as to authorize the clerks of superior courts to record criminal cases on microfilm.
Senate Sponsor: Senator Pearce of the 16th.

Senator Pearce of the 16th offered the following substitute to HB 1848:
A BILL
To be entitled an Act to amend Code Chapter 24-27, relating to clerks of superior courts, as amended, particularly by Section, 4 of Ga. Laws 1977, p. 1098, so as to authorize the clerks of superior courts to record criminal cases on microfilm; to revise the fees of the clerks of superior courts; to provide for additional fees; to provide for an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 24-27, relating to clerks of superior courts, as amended, particularly by Section 4 of Ga. Laws 1977, p. 1098, is hereby amended by adding in paragraph 1. of Code Section 24-2715, relating to additional duties of the clerks, immediately following the words "civil suit", the following:
"or' criminal case",
so that when so amended, paragraph 1. shall read as follows:
"1. To record in well-bound books, or microfilm, within six months after the final determination of any civil suit or criminal case, all the proceedings relating thereto: Provided, however, in the event any clerk shall elect to microfilm proceedings, he shall make available a machine for reading and reproducing such microfilmed matters."

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Section 2. Said Code Chapter 24-27, relating to clerks of superior courts, as amended, particularly by Section 4 of Ga. Laws 1977, p. 1098, is further amended by deleting from the enumeration of fees for criminal cases, the following:

"Recording proceedings in all cases of habeas corpus, per page . . . 1.50."

and by adding to the enumeration of fees for civil cases, the following:

"Recording proceedings in all cases of habeas corpus, per page . . . 1.50."
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 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:

Allgood Ballard Banks
Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher

Foster Gillis Greene Hill Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Those voting in the negative were Senators:

Bond English Evans

Holloway Howard

Riley Robinson Russell Scott Shapard Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker Wessels
Starr Tate

MONDAY, MARCH 6, 1978

3007

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

HB 1246. By Representatives Baugh of the 108th, Parham of the 109th, Rowland of the 119th and Savage of the 25th:
A bill to amend Code Section 38-418, relating to confidential communi cations between a physician and a patient shall be privileged.

The Conference Committee report on HB 1246 was as follows:

Mr. Speaker: Mr. President:

Your Conference Committee on House Bill 1246 has met and rec ommends the following:

That the House and Senate recede from their respective positions and accept the attached Substitute to H. B. 1246.

FOR THE SENATE
/s/ Thomas F. Allgood Senator, 22nd District
/s/ Peter L. Banks Senator, 17th District
/s/ Roy E. Barnes Senator, 33rd District

Respectfully submitted,
FOR THE HOUSE
/s/ William E. Baugh Representative, 108th District
/s/ Eleanor Richardson Representative, 52nd District
/s/ B. E. Parham Representative, 109th District

Committee Substitute to H.B. 1246
A BILL
To be entitled an Act. to amend Code Section 38-418, relating to confidential communications, so as to provide that a physician shall not release any medical information concerning a patient except under certain conditions; to provide immunity to physicians releasing infor mation pursuant to the provisions of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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JOURNAL OF THE SENATE,

Section 1. Code Section 38-418, relating to confidential communi cations, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 38-418 to read as follows:

"38-418. Confidential communications, etc. (a) There are cer tain admissions and communications excluded from consideration of public policy. Among these are:
1. Communications between husband and wife.
2. Between attorney and client.
3. Among grand jurors.
4. Secrets of state.
5. Psychiatrist and patient.

(b) No physician licensed under Code Chapter 84-9 shall be required to release any medical information concerning a patient, or in the case of a minor, by his or her parents or duly appointed guardian ad litem, except on written authorization or other waiver by the patient or on appropriate court order or subpoena; pro vided, however, that any physician releasing information under written authorization or other waiver by the patient or under court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his care and treatment or_the nature and extent of his injuries at issue in any civil or criminal proceeding; and provided, further, that this subsection shall not apply to psychiatrists."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Allgood of the 22nd moved that the Senate adopt the Conference Committee report on HB 1246.

On the motion, 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 Evans
Fincher Foster Gillis

Greene Hill Howard Hudgins Hudson Johnson Kennedy
Kidd Langford Lester

McGill Overby Paulk Reynolds Riley Robinson Russell Scott

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3009

Shapard Starr Stephens Stumbaugh Summers Sutton Tate

Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley English

Holloway

Pearce

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1246.

The following resolution of the Senate was taken up for the purpose of considering the House action thereto:

SR 326. By Senator Stumbaugh of the 55th:
A resolution proposing an amendment to the Constitution, so as to increase the homestead exemption of each resident of DeKalb County for the purposes of all DeKalb County and DeKalb County School Dis trict ad valorem taxes by providing that said homestead exemption shall be $3,000 in 1979; $4,000 in 1980 and $5,000 for 1981 and each year thereafter.

Senator Stumbaugh of the 55th moved that the Senate adhere to its dis agreement to the House amendment to SR 326, and that a Conference Committee be appointed.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SR 326.

The President appointed as a Conference Committee the following: Senators Stumbaugh of the 55th, Bell of the 5th and Howard of the 42nd.

The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 1764. By Representatives Home of the 104th, Pinkston of the 100th, Lucas of the 102nd and others:
A bill to amend Code Title 34, also known as the "Georgia Election Code", so as to provide for substituted nominations by special primaries

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in the event of vacancies occurring in any party nomination (filled by primary) for a federal, State or county office filled by the vote of electors within a single county, by reason of the death, disqualification or withdrawal of any candidate therefor, occurring after nomination.
Senate Sponsor: Senator Robinson of the 27th.

The Senate Committee on Governmental Operations offered the following substitute to HB 1764:
A BILL
To be entitled an Act to amend Code Chapter 34-10, relating to nomination of candidates, as amended, so as to provide for substituted nominations by special primaries in the event of vacancies occurring in certain party nominations (filled by primary) by reason of the death, disqualification or withdrawal of any candidate therefor, occurring after nomination; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 34-10, relating to nomination of candi dates, as amended, is hereby amended by striking Code Section 34-1003, which reads as follows:
"Section 3'4-1003. Substituted nominations by parties and bodies.--Any vacancy happening in any party nomination (filled by primary) for a public office to be filled by the vote of the electors of more than one county, by reason of the death, disquali fication or withdrawal of any candidate therefor, occurring after nomination but at least ten days prior to the election to fill the public office sought by such candidate, may be filled by a sub stituted nomination made by a convention composed of the delegates of the county executive committee of such party in each county in which electors reside who are eligible to vote for the filling of such public office. Immediately upon such vacancy occurring, the State executive committee, or a subcommittee thereof appointed for the purpose, shall fix a time within six days of the happening of such vacancy and shall select and provide a convenient place for the holding of such a convention, which shall be open to the public, and shall give notice thereof to the chairman and secretary of each county executive committee entitled to participate in the convention. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the State executive committee; provided, however, that each county executive committee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based sub stantially upon the population of the area involved in the convention according to the last United States Decennial Census, or upon the number of votes cast within such area for the party's candidates for presidential electors in the last presidential election. A twothirds majority of the delegates of such county executive commit tees shall constitute a quorum for the transaction of business, and

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a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substituted nomination. Each delegate shall have one vote and all votes taken shall be by a roll call vote. The records of the convention shall be filed with the State executive committee. In the event such a vacancy in party nomination shall happen during the ten days preceding the day of such an election or on the morning of such an election prior to the opening of the polls, such vacancy may be filled by a substi tuted nomination made by the State executive committee or a subcommittee thereof appointed for the purpose.

(b) Any vacancy happening in any party nomination (filled by primary) for a Federal, State or county office filled by the vote of electors within a single county, or for the office of judge of the superior court or solicitor general of a judicial circuit contained within a single county, by reason of the death or withdrawal of any candidate therefor occurring after nomination, may be filled by a substituted nomination made by the county executive com mittee of the party in such county.

(c) Any vacancy happening in any party nomination (filled by means other than by primary) or body nomination, by reason of the death, disqualification or withdrawal of any candidate after nomination, may be filled by a substituted nomination made by such committee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket.

(d) Upon the making of any such substituted nomination, in the manner prescribed in this Section, it shall be the duty of the chairman and secretary of the convention or committee making the nomination to file with the Secretary of State or with the ordinary, as the case may be, a nomination certificate which shall be signed by such chairman and secretary. Every such certificate of nomi nation shall be sworn to by the chairman and secretary before an officer qualified to administer oaths.",

in its entirety and inserting in lieu thereof a new Code Section 34-1003 to read as follows:

"34-1003. Substituted nominations by parties and bodies.--(a) Any vacancy happening in any party nomination (filled by pri mary) for a public office to be filled by the vote of the electors of the entire State, by reason of the death, disqualification or with drawal of any candidate therefor, occurring after nomination but at least 10 days prior to the election to fill the public office sought by such candidate, may be filled by a substituted nomination made by a convention composed of the delegates of the county executive committee of such party in each county of the State. Immediately upon such vacancy occurring, the State executive committee, or a subcommittee thereof appointed for the purpose, shall fix a time within six days of the happening of such vacancy and shall select and provide a convenient place for the holding of such a convention, which shall be open to the public, and shall give notice thereof to

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the chairman and secretary of each county executive committee.
Each county executive committee shall be entitled to select the number of delegates apportioned to it by the State executive com mittee; provided, however, that each county executive committee shall be entitled to select at least one delegate. Such apportion ment of delegates among the counties shall be based substantially upon the population of the State according to the last United States Decennial Census, or upon the number of votes cast within the State for the party's candidates for presidential electors in the last presidential election. A two-thirds majority of the delegates of such county executive committees shall constitute a quorum for the transaction of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substituted nomination. Each delegate shall have one vote and all votes taken shall be by a roll-call vote. The records of the convention shall be filed with the State executive committee. In the event such a vacancy in party nomination shall happen during the 10 days preceding the day of such an election or on the morning of such an election prior to the opening of the polls, such vacancy may be filled by a substituted nomination made by the State executive committee or a subcommittee thereof appointed for the purpose.

(b) Any vacancy occurring in any party nomination (filled by primary) for a public office for which a candidate must qualify with the State executive committee, except a public office to be filled by the vote of the electors of the entire State, by reason of the death, disqualification or withdrawal of any candidate therefor, occurring after nomination, shall be filled by substitute nomination made by special primary to be held not later than the fourteenth day after the scheduled date of the election for which the deceased, disqualified or withdrawn individual was a candidate. Candidates for such special primary shall qualify not later than 12:00 noon of the tenth day prior to the date of the special primary. Any runoff of candidates in such special primary shall be held not later than the tenth day after the date of the special primary. The election for said public office shall be held not later than the fourteenth day after the date of aforementioned special primary or special primary runoff, whichever is later. Any runoff necessary from such election shall be held not later than the fourteenth day after the date of such election. The State executive committee of the party of the aforementioned deceased, disqualified or with drawn candidate shall immediately notify the Secretary of State of such death, disqualification or withdrawal. The Secretary of State shall thereupon issue the call for the special primary and election specified above and shall notify the superintendent of each county involved, and it shall thereupon be the duty of the super intendents of each such county so notified to hold and conduct such special primary and election in accordance with the call issued by the Secretary of State.
(c) Any vacancy occurring in any party nomination (filled by primary) for a public office for which a candidate must qualify with the county executive committee by reason of the death, dis qualification or withdrawal of any candidate therefor, occurring after nomination, shall be filled by substitute nomination made

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by special primary to be held not later than the fourteenth day after the scheduled date of the election for which the deceased, disqualified or withdrawn individual was a candidate. Candidates for such special primary shall qualify not later than 12:00 noon of the tenth day prior to the date of the special primary. Any runoff of candidates in such special primary shall be held not later than the tenth day after the date of the special primary. The election for said public office shall be held not later than the fourteenth day after the date of the aforementioned special primary or special primary runoff, whichever is later. Any runoff necessary from such election shall be held not later than the fourteenth day after the date of such election. The county executive committee of the party in the county of residence of the aforementioned deceased, disqualified or withdrawn candidate shall immediately notify the superintendent of such county of such death, disqualification or withdrawal. The superintendent shall thereupon issue the call for the special primary and election specified above and shall notify the Secretary of State, and it shall thereupon be the duty of the superintendent of such county to hold and conduct such special primary and election.

(d) Any vacancy happening in any party nomination (filled by means other than by primary) or body nomination, by reason of the death, disqualification or withdrawal of any candidate after nomination, may be filled by a substituted nomination made by such committee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket.

(e) Upon the making of any such substituted nomination, in the manner prescribed in subsections (a) or (d) above, it shall be the duty of the chairman and secretary of the convention or committee making the nomination to file with the Secretary of State or with the superintendent, as the case may be, a nomination certificate which shall be signed by such chairman and secretary. Every such certificate of nomination shall be sworn to by the chairman and secretary before an officer qualified to administer oaths."

Section 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 substitute was adopted.

The report of the committee, which wa^ j.avorable 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 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 Doss Eldridge

Evans Foster Gillis Greene Hill Holloway Howard
Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Pearce Reynolds Riley Robinson Scott Shapard Starr Stephens Summers Sutton Thompson Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Duncan English Fincher

Hudgins Russell Stumbaugh (excused conferee)

Tate Timmons

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1533. By Representative Hatcher of the 131st:
A bill to amend Code Section 92-3216, relating to secrecy required of State income tax officials, so as to provide for the secrecy of Federal income tax returns and return information; to provide for the secrecy of certain income tax returns and return information; to specify when certain returns and information may be furnished; to provide an effective date.
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 6th Dean of 31st Doss Eldridge Evans Foster Gillis Greene Hill Holloway

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Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds Riley

Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Duncan English Fincher

Pearce Russell Tate

Thompson Timmons

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President announced that the Senate would stand in recess from 5:33 o'clock P.M. until 6:30 o'clock P.M.

At 6:30 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 substitute, by the requisite constitutional majority the following bills of the Senate:

SB 530. By Senator Scott of the 43rd:
A bill to amend Code Chapter 56-31, relating to group and blanket accident and sickness insurance, as amended, so as to provide that no group accident and sickness insurance policy shall be issued in this State which limits or restricts payment of benefits for any preexisting illness or condition for a period in excess of six months following the date of the issuance of the policy.

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SB 399. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to enact the Criminal Justice Planning and Coordination Act of 1978; to provide for a short title; to create the State Crime Commission; to provide for the repeal of the Act and termination of Federal funds; to provide that members shall be appointed by and serve at the pleasure of the Governor; to provide for a director and other staff personnel.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1268. By Representative Lane of the 40th:
A bill to amend an Act providing certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities so as to delete therefrom the provisions excepting governmental entities from the requirements of said Act; to provide an effective date.
Senate Sponsor: Senator Tysinger of the 41st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Evans Pincher Foster
Gillis Greene Hill
Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Lester Overby

Paulk Pearce Reynolds
Riley Robinson Russell
Scott Shapard Starr Button Thompson Timmons Traylor Tysinger Wessels

Those not voting were Senators:

Bond English
Langford MeGill

Stephens Stumbaugh (excused
conferee) Summers

Tate Turner
Walker

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3017

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Coverdell of the 40th moved that the following bill of the House be postponed until March 7:

HB 1014. By Representative Greer of the 43rd:
A bill to amend Code Chapter 56-10, relating to investment provisions of the Georgia Insurance Code, as amended, so as to authorize the sale of variable life insurance, to provide definitions; to provide conditions; to provide limitations.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 1014 was postponed until March 7.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 732. By Representatives Kaley of the 19th, Walker of the 115th and Nix of the 20th:
A bill to regulate the preparation, contents, and recording of maps and plats of surveys of tracts or bodies of land, including subdivisions, site plans and condominiums; to prescribe conditions under which such maps of plats shall be entitled to record.
Senate Sponsor: Senator Banks of the 17th.

The Senate Committee on Judiciary offered the following substitute to HB 732:
A BILL
To be entitled an Act to regulate the preparation, contents, and recording of maps and plats of surveys of tracts or bodies of land, including subdivisions, site plans and condominiums; to prescribe condi tions under which such maps or plats shall be entitled to record; to define the duties of the clerks of the superior courts with reference thereto; to provide for enforcement; to provide for the publication of a manual of practice for land surveying and mapping; to repeal a specific Act; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The clerk of the superior court shall file and record, in the office of said clerk, maps or plats relating to real estate in said

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county. Such maps or plats shall be prepared in accordance with the following minimum standards and specifications; however, the language contained herein does not in any way modify or change any specific provisions in county, municipal or other State statutes and regulations which require higher minimum standards and specifications, in which case said specific provisions shall govern.

(a) MATERIAL--Any such maps or plats shall be a good legible print, blue, white or other commercial print reproduced from a tracing made in India ink on a commercial grade of tracing cloth, tracing film, or tracing paper. The minimum line widths and letter and/or character heights delineated on such maps or plats shall be as follows:

(1) Maps or plats drawn on 8% inch by 11 inch or 8% inch by 14 inch tracings shall have a minimum line width of 0.010 inches and a minimum letter and/or character height of 0.080 inches.

(2) Maps or plats drawn on 11 inch by 17 inch tracings shall have a minimum line width of 0.010 inches and minimum letter and/ or character height of 0.090 inches.

(3) Maps or plats drawn on 17 inch by 22 inch or 24 inch by 36 tracings shall have a minimum line width of 0.013 inches and a minimum letter and/or character height of 0.090 inches.

In counties using microfilming procedures when a map or plat is filed for record the original tracing, which shall not be larger than 24 inches by 36 inches, shall be submitted to the clerk for microfilming and a legible print, which shall not be larger than 17 inches by 22 inches, shall be filed for record. The clerk shall enter filing date, plat book number, anl page number on said original tracing and return said tracing to the Land Surveyor or the person filing same for record.

(b) CAPTION--The maps or plats shall have a title or name which shall be contained in the caption, and said caption shall also provided the following information:

(1) County, city, town or village, land district and land lot. If the property lies within a particular subdivision, the subdivision shall also be given;

(2) The date of plat preparation;
(3) The scale, stated and shown graphically;
(4) The name of the land surveyor and his registration number or the statement that he is the county surveyor and is not required by law to be a registered surveyor.

(c) SIZE--Said maps or plats shall not be less than 8% inches by 11 inches and not larger than can be recorded without folding.

(d) DATA--Said maps or plats shall be made in a professional

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manner and in accordance with the standards of good drafting procedures and shall show the following information:

(1) All maps or plats shall show the direction and distance from a point of reference to a point on the boundary of the individual survey, and such additional data as may be required to relocate the said boundary point from said point of reference with the same degree of accuracy required of the parcel surveyed. Said point of reference shall be an established, monumented position which can be identified or relocated from maps, plats or other documents on public record.

(2) All maps or plats of boundary surveys or subdivision surveys shall show bearings of all lines or angles at all corners and angle points of the boundary or lot lines, and distances of all boundary or lot lines and area of the parcels expressed in acres and/or square feet.

(3) All maps or plats of boundary surveys shall show the closure precision of the field survey as the ratio of one foot to the traversed distance in which an error of one foot would occur; and a statement as to the method of adjustment: the closure may be stated as follows: "The field data upon which this map or plat is based has a closure precision of one foot in ___..--.__. feet and an angular error of ..-- .,,. per angle point, and was adjusted using ....__..... rule".

(4) All maps or plats of boundary surveys shall show the closure precision of the data shown on the map or plat. The closure may be stated as follows: This map or plat has been calculated for closure and is found to be accurate within one foot in ___.___.___.___.feet".

(5) All maps or plats shall show the width and the former widths, if pertinent, of all rights-of-ways adjacent to or crossing the property, or adjacent to any point of reference.

(6) All maps or plats shall show easements and apparent en croachments, if pertinent.

(7) In the case of curved lines, pertinent data must be given for regular curves. Chord distances and directions shall be given for irregular curves.

(8) All land lot lines, land district lines, land section lines, and city and county boundaries intersecting or adjacent to the surveyed property shall be indicated by lines drawn upon the map or plat with appropriate words and figures.

(9) All corner markers and markers of pertinent reference points shall be fully described and indicated as to their material or types and shall be constructed of a permanent material such as iron, steel, concrete or stone.

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(10) An arrow shall be shown on the map or plat to indicate the principal meridian, and a notation shall be made as to the reference of bearings to Magnetic North, Astronomic North, or Grid North. A Grid North reference shall indicate the zone.

(11) All linear distances shown on maps or plats shall be horizontal.

(12) All angular directions shown on maps or plats shall be represented in degrees and minutes. Where plats state or surveys require accuracy in excess of 1 in 5000 the angular directions shall be represented in degrees, minutes and seconds. All angular directions shall be referenced to the principal meridian.
(13) A statement shall be shown on the map or plat to indicate the type of equipment used to obtain the linear and angular mea surements used in the preparation of said map or plat.

(14) All maps or plats shall show the State Plane Coordinates of at least two permanent monuments thereon, when a National Geodetic Survey monument is within 500 feet of any point on the property mapped or platted, or any point of reference shown there on.

Section 2. The clerk of each superior court shall provide appropriate binders, not less than 18 inches by 24 inches in size, in which said maps or plats, or prints thereof are to be placed, without the necessity of folding in any manner. One of said binders and the prints therein contained shall be open to the general public for inspection, as all other public records in the clerk's office; or, in those counties using microfilm procedures, the clerk thereof shall take such steps as necessary to provide access to the same information as hereinbefore prescribed in this Section. The clerk of the superior court of each county shall also provide himself with an appropriate index book in which he must index all such maps or plats under the caption or name of the subdivision, if any, under the name of the owner or owners of the property mapped or platted, and also under the land lot number and district number if the land lies in that portion of the State which has been surveyed into land lots and districts. In counties of this State that are divided into land lots the clerk of court shall maintain a record for each individual land lot by listing all surveys made and where recorded for each lot. The clerk is to note the date and time of filing a plat for record on the face of the plat.
Section 3. An Act regulating the preparation, contents and record ing of maps or plats of survey of tracts or bodies of land, approved March 24, 1933 (Ga. Laws 1933, p. 193), as amended by an Act ap proved March 17,1960 (Ga. Laws 1960, p. 3196), an Act approved March 6, 1961 (Ga. Laws 1961, p. 105), an Act approved March 6, 1962 (Ga. Laws 1962, p. 632), and an Act approved April 10, 1971 (Ga. Laws 1971, p. 3385), is hereby repealed in its entirety.

Section 4. Failure to meet the requirements of this Act or the recording of an improper plat by the clerk shall not, in and of itself,

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3021

affect or invalidate any legal description or legal instrument based on such plat.
Section 5. Nothing in this Act shall be deemed to invalidate any map or plat made prior to the ratification of this Act nor shall anything in this Act be deemed to require the clerk of the court to prepare or maintain a record of each individual land lot for any plat of survey recorded in the clerk's office prior to the effective date of this Act.
Section 6. If any Section, subsection, sentence, clause, phrase or provision of this Act is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portion of this Act shall not be affected thereby, it being the intent of the General Assembly in adopting this Act that no portion hereof or provision contained herein shall become inoperative or fail by reason of the unconstitutionality or invalidity of any other Section, subsection, sentence, clause, phrase or provision of this Act.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 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 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 Hudgins Hudson Johnson Kennedy Kidd Lester Overby

Paulk Reynolds
Riley Robinson Russell Shapard Starr Sutton Thompson Timmons Traylor Turner Tysinger Wessels

Those not voting were Senators:

Bond Duncan English Langford

MeGill Pearce Scott Stephens

Stumbaugh (excused conferee) Summers Tate ' Walker

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On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1441. By Representatives Bray of the 70th, Hawkins of the 50th, Cooper of the 19th and Steinberg of the 46th:
A bill to amend Code Section 24-1705, relating to the qualifications and approval of bonds of judges of the probate court, so as to change the office to which bonds are returned; to provide for an effective date.
Senate Sponsor: Senator Stumbaugh of the 55th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Evans Pincher

Poster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Russell Scott Shapard Starr Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators :

Banks Bond English

Langford Stephens

Stumbaugh (excused conferee) Tate

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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3023

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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 House has agreed to the Senate substitute, as amended by the House, to the following bill of the House:

HB 1609. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A bill to provide for the financing of services in any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census.

The House has disagreed to the Senate substitute to the following bills and resolution of the House:

HB 1386. By Representatives Kemp of the 139th, Davis of the 99th, Johnson and Tolbert of the 56th and others:
A bill to amend Code Section 56-407A, relating to uninsured motorist coverage, so as to change the maximum amounts of such coverage which may be obtained from an insurer; to provide for editorial revision.

HR 436. By Representatives Johnston, Tolbert and Butler of the 56th and others:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of his spouse and all other members of his family who reside at and occupy his homestead, does not exceed $8,000.00 per annual shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence; to provide for the submission of this amendment for ratification or rejection.

HB 1708. By Representatives Harrison of the 20th and Coleman of the 118th: A bill to amend an Act authorizing special agents and enforcement

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officers of the Revenue Department to have certain law enforcement powers in the enforcement of liquor, wine and beer laws.

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 1286. By Representative Johnson of the 74th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to change certain provisions relative to refund of tax paid with respect to solar energy machines or equipment; to provide an effective date.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Knight of the 67th, Hatcher of the 131st and Johnson of the 74th.

The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following resolution of the House:

HR 81. By Representatives Tolbert and Butler of the 56th, Richardson of the 52nd and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes on acquatic pleasure craft; to provide for the submission of this amendment for ratification or rejection.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Phillips of the 59th, Tolbert of the 56th and Russell of the 64th.

The following general bill of the House, favorably reported by the committee, Was read the third time and put upon its passage:

HB 1365. By Representatives Home of the 104th, Davis of the 99th, Birdsong of the 103rd and Pinkston of the 100th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to change certain provisions relative to showing a credit on county and municipal ad valorem tax bills; to provide an effective date.
Senate Sponsor: Senator Sutton of the 9th.

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3025

Senator Coverdell of the 40th offered the following amendment:

Amend HB 1365 as follows:
By adding on line 6 of Page 1 after the following:
"so as",
the following:
"to provide that in certain areas any referendums called under certain conditions will be held on the date of the general election;".
By adding on line 9 of Page 1 after the following:
"effective date",
the following:
"and for the repeal of certain provisions of this Act".
By adding on line 17 of Page 1 after the following:
"hereby",
the following:
"amended by adding to subsection (b) of Section 26A thereof a new unnumbered paragraph, to read as follows:
'Any provision in this subsection (b) to the contrary notwith standing, with respect to any referendum election called between the effective date of this amendment and October 9, 1978, by any local jurisdiction within any standard metropolitan statistical area as defined in the United States Decennial Census of 1970 and having a population of 1,300,000 or more, according to the United States Decennial Census of 1970 or any such future census, the referendum election shall be called for the same day as the general election day for 1978 unless the governing authority of the local jurisdiction calling for the referendum shall, on or before October 9, 1978, withdraw its resolution requesting the election.'
Section 2. Said Act is further".
By striking from line 12 of Page 2 the following: "Section 2",
and inserting in lieu thereof the following: "Section 3".

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By striking from line 1 of Page 3 the following:

"Section 3",

and inserting in lieu thereof the following:

"Section 4".

By adding on line 3 of Page 3 after the following:

"approval",

the following:

"and the unnumbered paragraph provided in Section 1 of this Act shall stand repealed on Nevember 8, 1978".

By striking from line 4 of Page 3 the following:

"Section 4",

anl inserting in lieu thereof the following:

"Section 5.".

On the adoption of the amendment, the yeas were 42, 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.

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 Hudgins Hudson Johnson

Kennedy Kidd Lester McGill Overby Paulk Pearce Riley Robinson Russell Scott Shapard Starr Stephens

Stumbaugh Summers Sutton

MONDAY, MARCH 6, 1978

3027

Thompson Timmons Turner

Tysinger Walker

Voting in the negative were Senators Reynolds and Traylor.

Those not voting were Senators:

English Langford

Tate

Wessels

On the passage of the bill, the yeas were 50, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Kidd of the 25th moved that the following bill of the House be postponed until March 7:

HB 1387. By Representatives Pilewicz of the 41st, Murray of the 116th, Karrh

of the 106th and others:

;

A bill to amend an Act relative to relief from civil liability for persons who render emergency care at the scene of an accident without charge and in good faith so as to clarify that certain persons are relieved from liability for rendering emergency service at the scene of an accident without charge.

On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 1387 was postponed until March 7.

The following resolutions and bills of the Senate and House were taken up for the purpose of considering the House action thereto:

HR 81. By Representatives Tolbert and Butler of the 56th, Richardson of the 52nd and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes on acquatic pleasure craft; to provide for the submission of this amendment for ratification or rejection.

Senator Wessels of the 2nd moved that the Senate adhere to the Senate substitute to HR 81, and that a Conference Committee be appointed.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HR 81.

3028

JOURNAL OF THE SENATE,

The President appointed as a Conference Committee the following:

Senators Riley of the 1st, Wessels of the 2nd and Broun of the 46th.

SR 353. By Senators Gillis of the 20th and Kennedy of the 4th:
A resolution authorizing and directing the State Department of Natural Resources to designate the golf course in the Ocmulgee State Park as the "Wallace Adams Golf Course."

The House amendment was as follows:
Amend SR 353 as follows:
On line 3, Page 1 before the words "Ocmulgee State Park" insert the word "Little". It will then read as "Little Ocmulgee State Park"; and
On line 19, Page 1 before the words "Ocmulgee State Park" insert the word "Little". It will then read as "Little Ocmulgee State Park"; and
On line 1, Page 2 before the words "Ocmulgee State Park" insert the word "Little". It will then read as "Little Ocmulgee State Park".

Senator Gillis of the 20th moved that the Senate agree to the House amend ment to SR 353.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Banks 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 Hudgins 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

MONDAY, MARCH 6, 1978

3029

Those not voting were Senators:

Ballard Barker

Dean of 31st (excused conferee)

English Langford Tate

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 353.

HB 1386. By Representatives Kemp of the 139th, Davis of the 99th, Johnston of the 56th and others:
A bill to amend Code Section 56-407A, relating to uninsured motorist coverage, so as to change the maximum amounts of such coverage which may be obtained from an insurer; to provide for editorial revision.

Senator Wessels of the 2nd moved that the Senate insist upon the Senate substitute to HB 1386.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1386.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1820. By Representatives Harris of the 8th, Collins of the 144th, Wilson of the 19th and others:
A bill to amend an Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State of any agency thereof so as to change the automobile mileage allowance rate.
Senate Sponsor: Senator Broun of the 46th.

Senator Broun of the 46th offered the following substitute to HB 1820:
A BILL
To be entitled an Act to amend an Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by of ficials, officers and employees of the State or any agency thereof, approved April 6, 1972 (Ga. Laws 1972, p. 1125), as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 816), so as to change the automobile mileage allowance rate; to change the provisions relating to members of the General Assembly; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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JOURNAL OF THE SENATE,

Section 1. An Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, approved April 6, 1972 (Ga. Laws 1972, p. 1125), as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 816), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:

"Section 2. The officers, officials and employees of the Ex ecutive, Legislative and Judicial Branches of State Government shall be paid 15 cents per mile as traveling expense when traveling in the service of the State or any agency thereof by personal motor vehicle, and in addition to mileage shall be reimbursed for actual expenses incurred by reason of tolls and parking fees. Members of the General Assembly shall not receive the 15 cents per mile until members take office on the convening date of the General Assembly in regular session in 1979 and until that time shall receive 10 cents per mile."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substittue.

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 Fincher

Poster Gillis Greene Hill Holloway Howard Hudgins 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

MONDAY, MARCH 6, 1978

3031

Voting in the negative was Senator Dean of the 6th.

Those not voting were Senators:

Duncan English

Langford

Tate

On the passage of the bill, the yeas were 51, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1048. By Representatives Coleman of the 118th and Veazey of the 146th:
A bill to amend an Act establishing the qualifications for agents of the Ga. Bureau of Investigation, as amended, so as to change the term "special contract investigators" to "narcotics agents"; to provide an effective date.
Senate Sponsor: Senator Ballard of the 45th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Eldridge Evans Fincher

Foster Greene Hill Holloway Howard Hudson Johnson
Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds Riley

Those not voting were Senators:

Ballard Duncan English

Gillis Hudgins

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker Wessels
Langford Tate

3032

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.

The following bills of the House were taken up for the purpose of considering the House action thereto:
HB 1286. By Representative Johnson of the 74th: A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to change certain provisions relative to refund of tax paid with respect to solar energy machines or equipment; to provide an effective date.
Senator Banks of the 17th moved that the Senate adhere to the Senate sub stitute, and that a Conference Committee be appointed.
On the motion, the yeas were 44, nays 0; the motion prevailed and the Senate adhered to the Senate substitute to HB 1286.
The President appointed as a Conference Committee the following:

Senators Banks of the 17th, Riley of the 1st and Lester of the 23rd.
HB 1609. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others: A bill to provide for the financing of services in any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census.
The House amendment was as follows:

Amend the Senate substitute to HB 1609 as follows:
By inserting between lines 7 and 8 on Page 4 a new paragraph (3) to read as follows:
"(3) Each tax service district created under this subsection (a) shall be composed only of contiguous areas."
By striking subsection (c) where the same appears in lines 17 through 26 on Page 4 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) Portions of the unincorporated territory of the county

MONDAY, MARCH 6, 1978

3033

which are not included within a tax service district established pursuant to subsection (a) of this Section shall constitute one or more tax service districts, and the ad valorem taxes, service charges and fees assessed, levied and collected by the county governing authority within such tax service districts for the provision of district services therein shall be in accordance with the requirements of subsection (b) of this Section. Portions of the unincorporated territory of the county which are not included within a tax service district established pursuant to subsection (a) of this Section shall be aggregated to form a tax service district under this subsection when the distance between such portions does not exceed two miles."

Senator Coverdell of the 40th moved that the Senate agree to the House amendment to the Senate substitute to HB 1609.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1609.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1874. By Representatives Ware of the 68th, Castleberry of the lllth, Argo of the 63rd and others:
A bill to amend an Act known as the "Georgia Residential Finance Au thority Act" so as to change the composition of the Authority; to specify qualifications for certain public members of the Authority; to provide for the appointment and the initial terms of the public members added by this Act.
Senate Sponsor: Senator Gillis of the 20th.

The Senate Committee on Banking, Finance and Insurance offered the following substitute to HB 1874:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Residential Finance Authority Act," approved March 26, 1974 (Ga. Laws 1974, p. 975), as amended by an Act approved April 29, 1975 (Ga. Laws 1975, p. 1651), and an Act approved March 4, 1977 (Ga. Laws 1977, p. 257), so as to change the composition of the Authority; to specify qualifications for certain public members of the Authority; to provide for the appointment and the initial terms of the public members added by this Act; to provide for the continuation of existing terms of certain members of the Authority; to provide for the expiration of the existing terms of certain members of the Authority; to change the provisions relating to vacancies; to delete obsolete provisions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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JOURNAL OP THE SENATE,

Section 1. An Act known as the "Georgia Residential Finance Authority Act," approved March 26, 1974 (Ga. Laws 1974, p. 975), as amended by an Act approved April 29, 1975 (Ga. Laws 1975, p. 1651), and an Act approved March 4, 1977 (Ga. Laws 1977, p. 257), is hereby amended by striking Section 5 (a) in its entirety and substituting in lieu thereof a new Section 5(a), to read as follows:
"(a) Members of the Authority. The Authority shall be com posed of eight members as follows: two permanent members who shall be the Director of the Financing and Investment Division of the Georgia State Financing and Investment Commission and (2) the Commissioner of the State Department of Community Affairs; and six public members. Two of the public members shall be ap pointed by the Governor, two shall be appointed by the Lieutenant Governor, and two shall be appointed by the Speaker of the House of Representatives. Not more than one of the two public members appointed, respectively, by the Governor, Lieutenant Governor, and Speaker of the House shall be a person who is engaged in home building, real estate sales, or mortgage lending occupations. One of the public members appointed by the Governor shall be a person who has knowledge and experience in the area of low and moderate income housing. No two public members appointed by the same ap pointed officer shall be residents of the same Congressional District. Of the public members appointed by the Governor, one shall reside outside of the Standard Metropolitan Statistical Areas of the State and one shall reside within one of the Standard Metropolitan Statis tical Areas of the State. Public members shall serve for four-year terms, except as otherwise provided by law. Such public members shall continue in office until their successors have been appointed and qualified. In the event of a vacancy in the office of such public member by death, resignation or otherwise, the appointing officer shall appoint a successor to serve for the balance of the unexpired term. The public members of the Georgia Residential Finance Authority shall be subject to the code of ethics covering members of boards, commissions and Authorities heretofore adopted (Ga. Laws 1976, p. 344) and shall be subject to removal for violation thereof in the same manner (Ga. Laws 1976, p. 344). Any vacancy created by any such removal for cause shall be filled by appointment by the officer who originally appointed the member so removed. The Au thority shall elect a Chairman who shall be chief executive officer of the Authority, and a Secretary. The members of the Authority may appoint an Executive Director, who shall be a person experienced in mortgage lending, home building or real estate development. The Executive Director shall become an ex officio nonvoting member of the Authority. The members shall employ such technical and other personnel as may be necessary to the performance of the powers and duties of the Authority. A majority of members then in office shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the Authority. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. Except for the issuance of debt, the Authority may delegate to one or more of its members, the Executive Director, agent or agents, or employees such power and duties as it may deem proper. The public members of the Authority shall be compensated in the amount of $50 per day, plus actual expenses incurred, for each day's service

MONDAY, MARCH 6, 1978

3035

spent in the performance of the duties of the Authority; provided, however, such compensation shall be limited to 30 days during any one fiscal year, unless one of the public members is elected Chair man, in which event such compensation shall be limited to 100 days during any one fiscal year. The permanent members shall be reim bursed for actual expenses incurred in the performance of their duties under this Act."

Section 2. The public members of the Georgia Residential Finance Authority in office on the effective date of this Act shall serve out the remainder of their respective terms and until their successors shall be appointed as provided by law. The two public members of the Authority in office on the effective date of this Act shall be considered as Gov ernor's appointees and the initial appointments to be made by the Governor shall not be made until the expiration of terms of office of such public members. The terms of the permanent members of the board removed from the board by Section 1 of this Act shall expire on the effective date of this Act. The public members added by Section 1 of this Act shall be appointed within 60 days after the effective date of this Act. One of the two initial appointments made, respectively, by the Governor, Lieutenant Governor, and Speaker of the House of Representa tives shall be for terms of two years and until their successors are ap pointed and qualified and one of each such appointments shall be for terms of four years and until their successors are appointed and quali fied. Successors to such public member shall be appointed as provided by law.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.

The 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 Eldridge Evans Fincher Foster Gillis Greene Hill

Holloway Howard Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearca

3036
Reynolds Riley Robinson Russell Scott Shapard

JOURNAL OF THE SENATE,

Starr Stephens Stumbaugh Summers Sutton Thompson

Timmons Traylor Turner Tysinger Walker
Wessels

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Coverdell

Langford

Tate

English

On the passage of the bill, the yeas were 51, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted, by substitute, by the requisite constitutional majority the following resolution of the Senate:

SR 289. By Senator Dean of the 6th:
A resolution proposing an amendment to the Constitution, so as to provide for periodic adjustment of the amount of personal exemptions under the Georgia Income Tax Law (Code Chapter 92-31) based upon cost-of-living factors; to provide for the submission of this amendment for ratification or rejection.

The following resolution and bill of the House, favorably reported by the committees, were read the third time and put upon their passage:

HR 490. By Representative Battle of the 124th: A resolution continuing the State Board of Geologists Examiners. Senate Sponsor: Senator Gillis of the 20th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

MONDAY, MARCH 6, 1978

3037

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 Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge Evans

Fincher Foster Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Russell
Scott Shapard
Starr Stephens Summers
Sutton Thompson Timmons
Traylor Turner Tysinger Walker

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Barker Coverdell English

Gillis Langford

Tate Wessels

On the adoption of the resolution, the yeas were 48, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1303. 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" so as to provide for surety bonds for alcoholic beverage licensees; to provide an effective date.
Senate Sponsor: Senator Hudson of the 35th.

The Senate Committee on Consumer Affairs offered the following substitute to HB 1303:
A BILL
To be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", ap-

3038

JOURNAL OF THE SENATE,

proved February 3, 1938 (Ga. Laws, Ex. Sess., 1937-38, p. 103), as amended, so as to provide for surety bonds for alcoholic beverage li censees; to authorize the storage of alcoholic beverages, including spir ituous liquors, distilled spirits and alcohol, in federally licensed and regulated foreign trade zones; to authorize any public or private cor poration which has been granted the privilege of establishing, operating or maintaining a foreign trade zone to distribute alcoholic beverages, including spirituous liquors, distilled spirits and alcohol, to destinations outside the State of Georgia; to prohibit the sale at retail of alcoholic beverages, including spirituous liquors, distilled spirits and alcohol, in federally licensed and regulated foreign trade zones; to amend an Act to provide for license and excise taxes upon the business of dealing in malt beverages, approved March 23, 1935 (Ga. Laws 1935, p. 73), as amended, so as to define "broker" and "importer"; to provide that im porters shall be licensed and bonded in the same manner as wholesale dealers; 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 "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws, Ex. Sess., 1937-38, p. 103), as amended, is hereby amended by striking from the first sentence of Section 10 the word:
"Retailers",
and inserting in lieu thereof the words:
"Retailers and consumption on premises licensees",
so that when so amended Section 10 shall read as follows:

"Section 10. Before any license is granted, applicant must file with the Revenue Commissioner corporate surety bond in a surety company licensed to do business in the State of Georgia, conditioned to pay all taxes due the State of Georgia, in amounts as follows:

Distillers--ten thousand ($10,000.00) dollars; Wholesalers--five thousand ($5,000.00) dollars; Retailers and consumption on prem ises licensees--twenty-five hundred ($2,500.00) dollars; said bonds to be approved by the Revenue Commissioner and shall be executed on forms as may be prescribed by said Commissioner.

Said bonds shall be of form prescribed by the State Revenue Commissioner and shall be conditioned, among other things, that the applicant when granted a license to sell distilled spirits and alcohol, shall pay all sums due the State and comply with all the rules and regulations governing the sale of distilled spirits or alco hol, and such other conditions as the State Revenue Commissioner may require in his rules and regulations."

MONDAY, MARCH 6, 1978

3039

Section 2. Said Act is further amended by renumbering Section 33 as Section 34 and by adding a new Section 33, to read as follows:

"Section 33. Notwithstanding any other provisions of this Act or other laws to the contrary, any public or private corporation which has been granted the privilege of establishing, operating and maintaining a foreign trade zone by the Foreign Trade Zones Board in accordance with an Act of Congress, approved June 18, 1934, en titled 'An Act to provide for the establishment, operation and maintenance of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce and for other purposes.', shall, until the termination of such privilege, be autho rized to store alcoholic beverages, including spirituous liquors, distilled spirits and alcohol, within the boundaries of such foreign trade zone. Any public or private corporation which has been granted the privilege of establishing, operating or maintaining a foreign trade zone shall also be authorized to distribute alcoholic beverages, including spirituous liquors, distilled spirits and alcohol, to destinations outside the State of Georgia; provided, however, nothing herein shall authorize the sale at retail of any alcoholic beverages, including spirituous liquors, distilled spirits and alcohol, within the boundaries of a foreign trade zone if the sale would otherwise be prohibited by the laws of this State."

Section 3. An Act to provide for license and excise taxes upon the business of dealing in malt beverages, approved March 23, 1935 (Ga. Laws 1935, p. 73), as amended, is hereby amended by adding to the end of Section 4 the following:

" 'Broker' means any person who purchases or obtains malt beverages from an importer or brewer and sells such malt bev erages to another broker, importer or wholesaler without having custody of such malt beverages or without maintaining a stock of such malt beverages. 'Importer' means any person who imports malt beverages into the State from a foreign country and sells such malt beverages to other importers, brokers or wholesalers and who maintains a stock of such malt beverages. Such 'importers' shall be licensed and bonded in the same manner as wholesale dealers.",

so that when so amended, Section 4 shall read as follows:
"Section 4. Be it further enacted by the authority aforesaid, that 'malt beverages' shall be defined to mean fermented beverages made whole or in part from malt, or any similar fermented bev erage. But no such malt beverages shall be sold under the pro visions of this Act which contain more than six (6%) percent of alcohol by volume. 'Brewers' are persons who manufacture malt beverages. 'Wholesale Dealers' are persons other than brewers who sell malt beverages to retail dealers or for the purpose of resale only. 'Retail Dealers' are persons other than wholesale dealers or brewers who sell malt beverages irrespective of the quantities sold. The word 'person' means an individual, firm, part nership, association, corporation or other group of persons acting

3040

JOURNAL OF THE SENATE,

as a unit. 'Broker' means any person who purchases or obtains malt beverages from an importer or brewer and sells such malt beverages to another broker, importer or wholesaler without having custody of such malt beverages or without maintaining a stock of such malt beverages. 'Importer' means any person who imports malt beverages into the State from a foreign country and sells such malt beverages to other importers, brokers or wholesalers and who maintains a stock of such malt beverages. Such 'importers' shall be licensed and bonded in the same manner as wholesale
dealers."

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 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Bell
Bond Brantley Broun of 46th Brown of 47th Carter
Coverdell
Dean of 6th Doss
Duncan Eldridge

Evans Foster Gillis Greene Hill
Holloway Howard Hudgins Hudson Kennedy
Kidd
Lester McGill
Overby Paulk

Reynolds Riley Robinson Russell Scott
Shapard Starr Stephens Stumbaugh Timmons
Traylor
Turner Tysinger
Walker Wessels

Those voting in the negative were Senators:

Barnes Dean of 31st Fincher

Johnson Summers

Sutton Thompson

MONDAY, MARCH 6, 1978

3041

Those not voting were Senators:

English

Pearce

Tate

Langford

On the passage of the bill, the yeas were 45, nays 7.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following resolution of the House was taken up for the purpose of con sidering the House action thereto:

HR 436. By Representatives Johnston, Tolbert and Butler of the 56th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, to gether with the gross income of his spouse and all other members of his family who reside at and occupy his homestead, does not exceed $8,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his home stead owned and occupied by him as a residence; to provide for the submission of this amendment for ratification or rejection.

Senator Tysinger of the 41st moved that the Senate insist upon the Senate substitute to HR 436.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HR 436.

The following general resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption.

HR 647. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A resolution authorizing the conveyance of certain State-owned prop erty to the City of Ringgold, Georgia. Senate Sponsor: Senator Fincher of the 54th.

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:

3042

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 Duncan Eldridge

Evans Fincher Foster Gillis Hill Holloway Howard Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

English Greene Hudgins

Langford Shapard (excused conferee)

Stephens

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the Senate was taken up for the purpose of considering the House action thereto:

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 House substitute to SB 43 was as follows:
A BILL
To be entitled an Act to create and establish the Department of Actuarial Services; to establish the office of State Actuary; to deter mine the qualifications, manner of election, term of office, and method of filling vacancies in the office of State Actuary; to provide for com-

MONDAY, MARCH 6, 1978

3043

pensation and expenses of the State Actuary; to provide authority in the State Actuary to appoint certain officers and assistants and to deter mine salary and expenses of such officers and assistants; to provide for office space, equipment, furniture, and other necessary items for
the Department of Actuarial Services; to define the duties and powers of the State Actuary and the Department of Actuarial Services; to provide for special actuarial studies and reports by the Department of Actuarial Services and the State Actuary; to provide for cooperation of the State Actuary with various other departments of the State pension, retirement, and emeritus systems for State employees, and committees of the General Assembly; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Creation of department. State Actuary; qualifications, election, term, vacancies. The Department of Actuarial Services is hereby created and established; the head of said department shall be an experienced actuary who either is a member of the American Acad emy of Actuaries or has been certified and approved by the State Auditor as having the education, skills, and experience necessary for the position, and who, when named or elected as hereafter prescribed, and qualified, shall be known and designated as State Actuary.

The State Actuary shall be elected by the General Assembly in the following manner: A joint Resolution which shall fix a definite time for the nomination and election of the State Actuary may be introduced in either branch of the General Assembly. Upon passage of said Reso
lution by a majority vote of the membership of the Senate and House of Representatives it shall be the duty of the Speaker of the House of Representatives to call for the nomination and election of the State Actuary at the time specified in the Resolution, at which time the name of the qualified person receiving a majority vote of the member ship of the House of Representatives shall be transmitted to the State Senate for confirmation. Upon the qualified person's receiving a ma jority vote of the membership of the Senate, he shall be declared the duly elected State Actuary and the Governor of the State of Georgia shall be notified of his election by the Secretary of the Senate. The Governor is directed to administer the oath of office to the State Actuary and to furnish the State Actuary with a properly executed commission of office certifying his election.

The term of office of the State Actuary shall continue until a successor is elected as provided herein. In the event of a vacancy in the position of State Actuary at any time when the General Assembly is not in session it shall be the duty of the Governor of the State of Georgia and he is hereby empowered and directed to appoint a State Actuary possessing the qualifications as provided herein who shall serve as such State Actuary until the next regular session of the General Assembly at which time the nomination and election of a State Actuary shall be held by the General Assembly as provided herein.

Section 2. Compensation and expenses of State Actuary. The State

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Actuary shall be compensated in the amount of $30,000 per annum. He shall also be reimbursed for expenses incurred in the performance of his duties including actual transportation costs while travelling by public carrier, the legal mileage rate for travel actually undertaken by use of a personal automobile, and the actual cost of lodging and meals while away from his office on official State business; provided no such expenses shall be paid while he is engaged in the performance of his duties in Fulton County.

Section 3. Authority of appointment in State Actuary, (a) The State Actuary is hereby authorized and empowered to appoint and employ the following officers and assistants, each of whom shall hold office during the pleasure of the State Actuary and shall receive as compensation a yearly salary determined by the State Actuary:

(1) One assistant State Actuary, and

(2) A stenographer-bookkeeper.

(b) The assistant State Actuary shall be entitled to receive re imbursement for expenses incurred in the performance of his duties on the same basis as the State Actuary; provided that if the State Actuary and assistant State Actuary travel together in a single personal automobile, only one of them may claim mileage as an expense.

Section 4. Quarters of department; equipment, furniture, etc. The Department of Actuarial Services shall be provided with suitable office space within the City of Atlanta, furnished at the State's expense, as may appear proper and necessary by the Governor, and said depart ment shall be furnished from time to time, upon approval of the Gov ernor, necessary equipment, furniture, fuel, light and other proper con veniences for the transaction of the business of said department, the expense of which shall be paid by the State in the same manner as the expenses of other State department offices are paid.

Section 5. Duties and powers of the State Actuary, (a) It shall be the duty of the State Actuary and the Department of Actuarial Services to make actuarial studies, including but not limited to valua tions and benefit certification relative to all State retirement, pension, and emeritus systems for State employees. Reports on such studies shall be submitted to the Governor, the retirement committees of the General Assembly, and the administrators of the State pension, retire ment and emeritus systems for State employees. It shall be the further duty of the State Actuary to analyze and determine the actuarial effect of proposed legislation for the retirement committees of the General
Assembly.

(b) After consultation with any boards or head administrators of the State pension, retirement, and emeritus systems for State em ployees, the State Actuary may recommend a uniform set of assump tions necessary for actuarial services as practicable. The State Actuary shall present a written report to the Governor, the retirement commit tees of the General Assembly, and the administrators of the State

MONDAY, MARCH 6, 1978

3045

pension, retirement, and emeritus systems for State employees setting forth such recommendations for uniform assumptions and all exceptions thereto with a complete explanation justifying such assumptions and exceptions. This written report shall be submitted on a yearly basis within ninety days after the end of the State's fiscal year with the first report to be submitted in 1978.

Section 6. Special actuarial studies and reports; who may require. Either the Governor, the retirement committee of the House of Repre sentatives, or the retirement committee of the Senate shall have the right and authority to direct and require the State Actuary to make a special actuarial study of and/or report on the current status of any State retirement, pension, or emeritus systems for State employees or with regard to any proposal for modification of any State retirement, pension, or emeritus system for State employees.

Section 7. Duty to produce information necessary for actuarial services. All administrators, boards, officers, agents, and employees of all State retirement, pension, and emeritus systems for State employees shall produce and turn over to the State Actuary or his assistants for their use all information, books, computer tapes, and records necessary in the opinion of the State Actuary for performing the duties of his position.

Section 8. Cooperation required of State Actuary. The State Actu ary shall cooperate with and shall furnish all information with regard to State retirement, pension, or emeritus systems for State employees requested by either of the retirement committees of the General As sembly, by the Governor, or by the administrator of any State retire ment, pension, or emeritus system for State employees.

Section 9. Severability. In the event any section, subsection, sen tence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or uncon stitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 10. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Coverdell of the 40th moved that the Senate agree to the House sub stitute to SB 43.

On the motion, 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 Bond Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge

Evans Fincher Foster Gillis Hill Howard Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Stair Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Duncan English Greene

Holloway Hudgins Langford

Stephens Timmons

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 43.

The following general resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:

HR 663. By Representatives Tuten of the 153rd and Auten of the 154th:
A resolution authorizing the conveyance of certain State-owned real property located in Glynn County, Georgia, to the City of Brunswick and the acceptance of certain real property owned by the City of Brunswick located in Glynn County, Georgia, in consideration therefor.
Senate Sponsor: Senator Dean of the 6th.

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 Fincher Foster Gillis Holloway Howard Hudgins

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3047

Hudson Johnson Kennedy Kidd 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:

English Evans

Greene Hill

Langford Stephens

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

HB 1335. By Representatives Karrh of the 106th, Sizemore of the 136th, Ross of the 76th and others:
A bill to amend Code Section 32-904, relating to the compensation of members of county boards of education, so as to change the compen sation of members of county boards of education.

The Conference Committee report was as follows:
Mr. Speaker: Mr. President:
Your Conference Committee on House Bill 133'5 has met and recom mends the following:

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That the House recede from its position and accept the Senate Substitute to H. B. 1335.

FOR THE SENATE
/s/ Roy E. Barnes Senator, 33rd District
/s/ Nathan Dean Senator, 31st District
/s/ Virginia Shapard Senator, 28th District

Respectfully submitted,
FOR THE HOUSE
/s/ Randolph C. Karrh Representative, 106th District
/s/ Ben Barren Ross Representative, 76th District
/s/ Bill Jones Representative, 78th District

Senator Barnes of the 33rd moved that the Senate adopt the Conference Committee report on HB 1335.

On the motion, 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 Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk

Pearce Reynolds Riley Robinson Russell Scott Shapard Starr Stumbaugh Summers
Sutton Tate Thompson Traylor Turner Tysinger Walker

Voting in the negative was Senator Timmons.

Those not voting were Senators:

English Langford

Stephens

Wessels

On the motion, the yeas were 51, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1335.

MONDAY, MARCH 6, 1978

3049

The following bills of the Senate were taken up for the purpose of consid ering the House action thereto:

SB 399. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to enact the Criminal Justice Planning and Coordination Act of 1978; to provide for a short title; to create the State Crime Commis sion; to provide for the repeal of the Act and termination of Federal funds; to provide that members shall be appointed by and serve at the pleasure of the Governor; to provide for a director and other staff personnel.

The House substitute to SB 399 was as follows:
A BILL
To be entitled an Act to enact the Criminal Justice Planning and Coordination Act of 1978; to provide for a short title; to create the State Crime Commission; to provide for the repeal of the Act and termination of the Commission upon termination of Federal funds to; provide that members shall be appointed by and serve at the pleasure of the Governor; to provide for a director and other staff personnel; to provide that the Commission shall serve at the State planning agency for certain Federal monies; to provide that the State Crime Commission be assigned to the Department of Community Affairs for administrative purposes only; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the Crim inal Justice Planning and Coordination Act of 1978.
Section 2. (a) There is hereby established the State Crime Com mission, which Commission shall exist for so long as the Congress of the United States continues to provide financial assistance to the several states under the Omnibus Crime Control and Safe Streets Act of 1968, and the Juvenile Justice and Delinquency Prevention Act of 1974 as now or hereafter amended.
(b) This Act shall be repealed and the Commission created hereunder shall stand abolished upon:
(1) the termination of Federal financial assistance to the several states under the Omnibus Crime Control and Safe Streets Act of 1968 and the Juvenile Justice and Delinquency Prevention Act of 1974 as now and hereafter amended, and
(2) the completion of all required administration of all Federal funds received by this State under the above Federal Acts.

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Section 3. (a) The Commission shall consist of such members as the Governor shall appoint in accordance with the requirements of the Omnibus Crime Control and Safe Streets Act of 1968, and the Juvenile Justice and Delinquency Prevention Act of 1974 as now or hereafter amended.

(b) All members shall serve at the pleasure of the Governor, and all vacancies shall be filled by the Governor.

(c) No member shall be entitled to any compensation, but shall be reimbursed for actual expenses in accordance with the requirements of the applicable Federal and State provisions therefor.

Section 4. (a) The Governor shall appoint a director of the State Crime Commission who shall serve at the pleasure of the Governor.

(b) The Director may contract for such services as may be neces sary and authorized in order to carry out the purposes of this Act, and may employ in accordance with the rules and regulations of the State Merit System such other professional, technical and clerical per sonnel as deemed necessary to carry out the purposes of this Act.

Section 5. The State Crime Commission shall serve as the State planning agency pursuant to the Omnibus Crime Control and Safe Streets Act of 1968 and the Juvenile Justice and Delinquency Preven tion Act of 1974 as now or hereafter amended and other related Federal Acts, if any, and do those things that shall be necessary and proper to allow this State to participate in Federal financial assistance provided under those Federal Acts.

Section 6. The State Crime Commission is hereby assigned to the Department of Community Affairs for administrative purposes only, as prescribed in Section 3 of the Executive Reorganization Act of 1972 (Ga. Laws 1972, p. 1015), as amended. It is specifically provided, how ever, that the Commission shall prepare a budget request in the same manner as any such request would be prepared by a budget unit under the provisions of Code Chapter 40-4, known as the "Budget Act", and a separate appropriation shall be provided for the Commission in the General Appropriations Act.

Section 7. An Act relating to the Bureau of Community Affairs, approved March 24, 1976 (Ga. Laws 1976, p. 651), as amended, is hereby amended by repealing in its entirety Section 4, which provides that the Georgia State Crime Commission, established by Executive Order of the Governor in 1971, is assigned to the Bureau of Community Affairs for administrative purposes only.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Starr of the 44th moved that the Senate agree to the House sub stitute to SB 399.

MONDAY, MARCH 6, 1978

3051

On the motion, 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 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

Those not voting were Senators:

English

Langford

Wessels

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 399.

SB 73. By Senators Stumbaugh of the 55th, Johnson of the 34th and Sutton of the 9th:
A bill to require State officials and employees to submit itemized expense accounts in order to be reimbursed for expenses; to provide for the contents of such expense accounts; to require supporting documentation for expenses claimed; to provide for exceptions.

The House substitute to SB 73 was as follows:
A BILL
To be entitled an Act to provide that State officials and employees must submit supporting documentation in order to be reimbursed for certain expenses; to provide for exceptions; to prohibit reimbursement for the cost of certain air fare; 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. (a) No official or employee of the executive, legislative or judicial branches of State government shall be reimbursed from public funds for expenses for lodging and air fare incurred in the performance of his duties unless a. bill, receipt or similar supporting document showing payment therefor, or an explanation of the absence of such documenta tion shall be submitted when applying for reimbursement.

(b) The requirements of subsection (a) shall be in addition to any other requirements relative to reimbursement for any expenses incurred by any such official or employee in the performance of his duties which are now or hereafter provided for by law. The requirements of subsection (a) also shall not preclude the promulgation by any agency of the ex ecutive, legislative or judicial branches of State government of any rule or regulation or policy relative to reimbursement for any expenses.

Section 2. Except as provided in this Section, no such official or employee, when traveling by commercial air carrier on a first-class basis, shall be reimbursed for that portion of the first-class air fare which exceeds the amount of the fare of the next lowest fare for the flight on which such official or employee is traveling. This shall not prohibit the reimbursement for the entire cost of first-class air fare under any of the following conditions:

(1) Space is not otherwise available.

(2) A licensed medical practitioner certifies that because of a per son's mental or physical condition specific air travel arrangements are required.

(3) The Commissioner of Public Safety certifies that specific air travel arrangements are necessary for security reasons.

Section 3. The provisions of this Act shall not apply to per diem allowances authorized by law for officials or employees.

Section 4. The intentional violation of the provisions of this Act shall be a misdemeanor and any person convicted therefor shall be pun ished as for a misdemeanor.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Stumbaugh of the 55th moved that the Senate agree to the House substitute to SB 73 as amended by the following amendment:
Amend the House substitute to SB 73 by striking the language ap pearing in lines 12 through 16 on Page 1 and inserting in lieu thereof the following:
"expenses for meals, lodging and transportation incurred in the performance of his duties unless a bill, receipt or similar supporting document showing payment therefor, or a written explanation of the

MONDAY, MARCH 6, 1978

3053

absence of such documentation, shall be submitted when applying for reimbursement. A receipt or other supporting document shall not be necessary for transportation expenses when the official or employee is reimbursed for mileage, as provided by law, for the use of his personal automobile while traveling in carrying out his official duties."

On the motion, 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

Fincher Foster Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd 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:

Duncan English

Holloway Langford

Stephens

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 73 as amended by the Senate.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendments to the following bill of the House:

HB 1320. By Representative Burruss of the 21st:
A bill to amend Code Title 45, known as the "Game and Fish Code", so as to change the provisions relative to legal weapons for hunting wildlife.

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JOURNAL OF THE SENATE,

The House has disagreed to the Senate substitutes to the following bills of the House:

HB 1417. By Representatives Kemp of the 139th, Walker of the 115th, Tuten of the 153rd, and others:
A bill to amend Code Sections 34-605 and 34A-503, relating to quali fications of registrars and deputy registrars, so as to clarify a certain ineligibility.

HB 1427. By Representatives Hawkins of the 50th, Horton of the 43rd and Taggart of the 125th:
A bill to amend the Code of Georgia of 1933 so as to provide for an arbi tration title; to provide for a short title ("Georgia Arbitration Code") ; to provide for the effect of agreements to submit to arbitration contro versies, exising or thereafter arising; to provide for applications to the court, venue, and service of papers.

HB 1711. By Representatives Daugherty of the 33rd, Hamilton of the 31st Lambert of the 112th and others:
A bill to safeguard individuals within the State of Georgia from dis crimination in public employment because of race, color, religion, national origin, sex, handicap and age with respect to employment.

The House insists on the House substitutes to the following bills of the Senate:

SB 428. By Senators Kidd of the 25th and Broun of the 46th:
A bill to amend Code Chapter 34-11, relating to ballots in elections, as amended, so as to provide for the election of unopposed candidates in special elections.

SB 140. By Senators PeaSce of the 16th, Johnson of the 34th, Barnes of the 33rd and others:
A bill to create the Prosecuting Attorney's Retirement System; to pro vide for procedures, requirements and other matters relative thereto; to provide for certain penalties in connection therewith.

The House insists on its position in amending the following bill of the Senate:

SB 501. By Senators Hudgins of the 15th, Evans of the 37th, Johnson of the 34th and others:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as to change the provisions regarding creation of juvenile courts; to provide for judges; to provide for their compensation, terms of office, appointment and reappointment; to provide for seminars.

MONDAY, MARCH 6, 1978

3055

The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference with a like committee on the part of the Senate on the following bill of the House:

HB 1312. By Representatives Swann of the 90th, Truluck of the 86th, Burton of the 47th and others:
A bill to amend Code Chapter 54-99, relating to crimes respecting in dustrial relations so as to provide that it is unlawful for any person to put a minor to indecent, obscene, or immoral exhibitions; to provide a penalty.

The Speaker has appointed on the part of the House the following members thereof: Representatives Swann of the 90th, Truluck of the 86th and Nichols of the 27th.

The House insists on its position in amending and has appointed a Committee of Conference on the following resolution of the Senate:

SR 326. By Senator Stumbaugh of the 55th:
A resolution proposing an amendment to the Constitution, so as to increase the homestead exemption of each resident of DeKalb County for the purposes of all DeKalb County and DeKalb County School Dis trict ad valorem taxes by providing that said homestead exemption shall be $3,000 in 1979; $4,000 in 1980 and $5,000 for 1981 and each year thereafter.

The Speaker has appointed on the part of the House the following members thereof: Representatives Robinson of the 58th, Williamson of the 45th and Clark of the 55th.

The following resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:

HR 713. By Representatives Foster of the 6th and Colwell of the 4th:
A resolution authorizing the conveyance of certain State-owned real property located in Walker County, Ga., to ROL, Inc., and the ac ceptance of certain property owned by ROL, Inc., located in Walker County, Ga.
Senate Sponsor: Senator Summers of the 53rd.

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:

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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 Doss Duncan Eldridge Evans

Fincher Foster Gillis Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd 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:

English Greene

Langford

Stephens

On the adoption of the resolution, the yeas were 52, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

HB 1286. By Representative Johnson of the 74th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to change certain provisions relative to refund of tax paid with respect to solar energy machines or equipment; to provide an effective date.

The Conference Committee report on HB 1286 was as follows:
Mr. Speaker: Mr. President:
Your Conference Committee on House Bill 1286 has met and recom mends the following:
1. That the Senate and House both recede from their respective positions.

MONDAY, MARCH 6, 1978

3057

2. That the attached Conference Committee Substitute to House Bill 1286 be adopted.

FOR THE SENATE
/s/ Peter L. Banks Senator, 17th District
/s/ Jimmy Lester Senator, 23rd District
/s/ John R. Riley Senator, 1st District

Respectfully submitted,
FOR THE HOUSE
Isl Phil Johnson Representative, 74th District
/s/ Charles Hatcher Representative, 131st District
/s/ Nathan G. Knight Representative, 67th District

Conference Committee Substitute to HB 1286:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Re tailers' and Consumers' Sales and Use Tax Act," approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 672), so as to change certain provisions relative to refund of tax paid with respect to solar energy machines or equipment; 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 Retailers' and Consumers' Sales and Use Tax Act," approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 672), is hereby amended by redesignating subparagraph (z) of paragraph (2) of subsection (c) of Section 3 thereof, as added by an Act approved March 24, 1976 (Ga. Laws 1976, p. 672), as subpara graph (aa), and by striking from the second sentence of the second unnumbered paragraph thereof the following:
"To obtain the benefits hereof, the purchaser",
and substituting in lieu thereof the following:
"To obtain the benefits hereof, the owner of the property to which the machines or equipment will be attached",
and by inserting after the words "authorized to refund", the words,
"to that property owner."
so that when so amended said subparagraph of paragraph 2 of subsection (c) of Section 3 shall read as follows:

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JOURNAL OF THE SENATE,

"(aa) Purchases of machines or equipment that will be at tached to or become a part of agricultural, including animal and poultry husbandry operations, industrial, commercial or residential property and will be used directly in the conversion of solar energy for heating, or cooling, or drying, or water heating. For the purposes of this subparagraph, machines and equipment shall include all controls, tanks, pumps, heat exchangers, and other equipment used directly and exclusively for the conversion of solar energy for heating, or cooling, or drying, or water heating, but shall not include walls, roofs or equipment that would ordinarily be contained in a similar structure not designed or modified to use solar energy for heating, or cooling, or drying, or water heating.

Notwithstanding the provisions of this subparagraph, any per son making a sale for any of the purposes specified herein shall collect the tax imposed thereon by this Act and remit the same to the Commissioner. To obtain the benefits hereof, the owner of the property to which the machines or equipment will be attached shall file a claim for refund with the Commissioner in the manner au thorized by the general law, and, if the Commissioner determines that the requirements of this subparagraph have been met, he is hereby authorized to refund to that property owner, without interest thereon, such portion of the tax paid by the purchaser as the Commissioner finds to be due under the provisions of this subparagraph. For the purposes of this subparagraph, the amount of tax paid by the purchaser shall be the amount paid the seller as tax less the amount the seller is allowed to retain as compensation for accounting for and remitting the tax. The State Revenue Com missioner may adopt rules providing procedures for applying for the refund authorized by this subsection and for certifying whether a particular purchase of such machines or equipment is entitled to the refund. This subparagraph shall be repealed and shall be null and void effective July 1, 1986."

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 Banks of the 17th moved that the Senate adopt the Conference Committee report on HB 1286.

On the motion, 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 Foster Gillis Hill Holloway Howard Hudgins Hudson Johnson Kennedy

MONDAY, MARCH 6, 1978

3059

Kidd 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:

English Fincher

Greene Langford

Stephens

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1286.

The following bill of the Senate was taken up for the purpose of considering the House action thereto:

SB 501. By Senators Hudgins of the 15th, Evans of the 37th, Johnson of the 34th and others:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as to change the provisions regarding creation of juvenile courts; to provide for judges; to provide for their compensation, terms of office, appointment and reappointment; to provide for seminars.

Senator Hudgins of the 15th moved that the Senate recede from its disagree ment on March 3 to the House amendments to SB 501, and agree to House amend ments No. 2, 3 and 4, and agree to House amendment No. 1 as amended by the following amendment:
Amend House amendment No. 1 to SB 501 as follows:
By striking said amendment in its entirety and inserting in lieu thereof a new amendment to read as follows:
"By striking the word 'same' on Page 2, line 11, and inserting in lieu thereof the words 'rate of 85% of the' between the word 'the' on line 11 and the word 'salary' on line 12.
By striking the numeral 'two' on Page 2, line 23, and inserting in lieu thereof the numeral '4'.
By striking the language 'the Judges of the Superior Courts' starting

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JOURNAL OF THE SENATE,

on Page 2, line 29, and inserting in lieu thereof 'full time judges of the Juvenile Courts as set forth in this Act:'.

By striking all of Section 2, commencing on Page 3, all of page 4 and ending on line 15, Page 5, and inserting in lieu thereof a new Section as follows:

'Section 2. Code Chapter 24A-2, relating to creation of juvenile courts, as amended, is hereby amended by adding at the end thereof a new Code Section 24A-202, to read as follows:

"24A-202. Terms of office, selection of judges, (a) The terms of office of all juvenile court judges who are in office on June 30, 1980, shall end at 11:59 p.m. on June 30, 1980.

(b) On or before January 1, 1980, there shall be appointed one or more judges of the juvenile courts of the various counties of this State as provided in this Code Title. The judges so appointed shall take office on July 1, 1980, for a term of office expiring on January 1, 1983. Successors to such judges shall be appointed in the same manner immediately preceding the expiration of a term of office for a term of office of six years each and until their re spective successors are duly appointed and qualified.

(c) In the event of a vacancy in the office of judge of a juvenile court, such vacancy shall be filled by appointment of a duly quali fied person to serve for the remainder of the unexpired term of office as provided in subsection (d) of this Section.

(d) Those persons to be initially appointed as juvenile court judges under the provisions of subsection (b) of this Section and any person appointed to fill a vacancy as provided in subsection (c) of this Section shall be appointed by the judges of the superior courts in the judicial circuit in which the juvenile court is located." '

By adding the following language to Section 1 after the words 'and manner as the judges of the superior courts' in paragraph (b) (2) of 24A-201:

'providing, however, that the salary, pension, retirement and insurance benefits of full-time judgeships for circuits created under this Act shall not be less than salary, pension, retirement and insur ance benefits currently authorized for full-time judgeships of any juvenile court currently existing within that circuit.'

By adding at the end of Section 6 the following:

', except that the provisions of this Act necessary for the ap pointment of judges shall become effective on January 1, 1980'."

Senator Ballard of the 45th moved that the amendments be printed.

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On the motion offered by Senator Ballard of the 45th, the yeas were 32, nays 12; the motion prevailed, and the amendments to SB 501 were ordered printed. The action on the motion offered by Senator Hudgins of the 15th was postponed subject to the printing.

Senator Reynolds of the 48th moved that the Senate adjourn.

On the motion, the yeas were 5, nays 32; the motion was lost, and the Senate did not adjourn.

The following bill of the House was taken up for the purpose of considering the House action thereto:

HB 1711. By Representatives Daugherty of the 33rd, Hamilton of the 31st, Lambert of the 112th and others:
A bill to safeguard individuals within the State of Georgia from dis crimination in public employment because of race, color, religion, national origin, sex, handicap and age with respect to employment.

Senator Howard of the 42nd moved that the Senate insist upon the Senate substitute to HB 1.711.

On the motion, the yeas were 36, nays 1; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1711.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

HB 1543. By Representatives Rainey of the 135th and Peters of the 2nd:
A bill to amend an Act enacting the Game and Fish Code so as to provide for changes in certain definitions; to provide authority for rules and regulations relating to times, places, numbers, species and sizes.

The Conference Committee report on HB 1543 was as follows:
The Conference Committee on House Bill 1543 recommends that both the Senate and the House of Representatives recede from their positions and that the Senate Committee Substitute to House Bill 1543 be adopted with the following amendments:
(1) By inserting in line 11 on Page 1 between the word "another" and the word "without" the following: ", under certain conditions,".
(2) By inserting in line 8 on Page 2 between the word and semi colon "hours;" and the word "to" the following: "to provide a penalty for two or more convictions of hunting deer at night;".

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(3) By striking from lines 22 and 23 on Page 2 the following: "and to provide for an additional penalty in connection therewith".

(4) By striking from lines 6, 7 and 8 on Page 25 the following: "felony and shall be sentenced for a minimum of 1 year and a maximum of 10 years imprisonment." and inserting in lieu thereof the following: "misdemeanor of a high and aggravated nature and upon conviction shall be punished by a fine of not less than $1,500.00 nor more than $5,000.00 or by confinement for not more than 12 months or by both such fine and confinement."

(5) By striking the word "on" where it appears between the word "deer' and the word "any" in line 5 on Page 28 and inserting in lieu thereof the word "in".

(6) By inserting between lines 12 and 13 on Page 28 a new sub section (c) to read as follows:

"(c) It shall not be unlawful for any person to kill a dog which does not have a collar but which is pursuing or killing deer in any locality, other than that prescribed by law or rules and regulations permitting such hunting, and no action for damages shall be maintained against the person for such killing."

FOR THE SENATE
/s/ Hugh Gillis Senator, 20th District
/s/ Loyce W. Turner Senator, 8th District
/s/ Ronnie Walker Senator, 19th District

Respectfully submitted,
FOR THE HOUSE
Howard H. Rainey Representative, 135th District
/s/ Ralph Twiggs Representative, 4th District
/s/ Charles C. Mann Representative, 13th District

Senator Gillis of the 20th moved that the Senate adopt the Conference Committee report on HB 1543.

On the motion, 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 Eldridge Fincher Gillis Greene Hill

Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill

Overby Paulk Pearce Reynolds Riley Robinson Scott

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3063

Shapard Starr Stumbaugh Summers Sutton Tate

Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative were Senators Dean of 6th and Traylor.

Those not voting were Senators:

Brown of 47th Duncan English

Evans Foster Langford

Russell Stephens

On the motion, the yeas were 46, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1543.

The following bills of the Senate and House were taken up for the purpose of considering the House action thereto:

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 pro vide for procedures, requirements and other matters relative thereto; to provide for certain penalties in connection therewith.

Senator Pearce of the 16th moved that the Senate adhere to the Senate sub stitute to SB 140, 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 SB 140.

SB 428. By Senators Kidd of the 25th and Broun of the 46th:
A bill to amend Code Chapter 34-11, relating to ballots in elections, as amended, so as to provide for the election of unopposed candidates in special elections.

Senator Kidd of the 25th moved that the Senate adhere to its disagreement to the House substitute to SB 428, 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 disagreement to the House substitute to SB 428.

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The President appointed as a Conference Committee the following:

Senators Kidd of the 25th, Robinson of the 27th and Russell of the 10th.

HB 1320. By Representative Burruss of the 21st:
A bill to amend Code Title 45, known as the "Game and Fish Code", so as to change the provisions relative to legal weapons for hunting wild life.

Senator Gillis of the 20th moved that the Senate insist upon the Senate amendment to HB 1320.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1320.

HB 1427. By Representatives Hawkins of the 50th, Horton of the 43rd and Taggart of the 125th:
A bill to amend the Code of Georgia of 1933 so as to provide for an arbitration title; to provide for a short title ("Georgia Arbitration Code") ; to provide for the effect of agreements to submit to arbitration controversies, existing or thereafter arising; to provide for applications to the court, venue, and service of papers.

Senator Pearce of the 16th moved that the Senate insist upon the Senate substitute to HB 1427.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1427.

HB 1417. By Representatives Kemp of the 139th, Walker of the 115th, Tuten of the 153rd and others:
A bill to amend Code Sections 34-605 and 34A-503, relating to quali fications of registrars and deputy registrars, so as to clarify a certain ineligibility.

Senator Sutton of the 9th moved that the Senate insist upon the Senate sub stitute to HB 1417.

On the motion, the yeas were 29, nays 1; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1417.

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3065

HB 1312. By Representatives Swann of the 90th, Truluck of the 86th, Burton of the 47th and others:
A bill to amend Code Chapter 54-99, relating to crimes respecting indus trial relations so as to provide that it is unlawful for any person to put a minor to indecent, obscene, or immoral exhibitions; to provide a penalty.

Senator Reynolds of the 48th moved that the Senate adhere to the Senate substitute to HB 1312, and that a Conference Committee be appointed.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1312.
The President appointed as a Conference Committee the following:

Senators Reynolds of the 48th, Pearce of the 16th and Ballard of the 45th.
The following report of the Committee on Enrolling and Journals was read by the Secretary:
Mr. President:
Your Committee on Enrolling and Journals has read and examined the following bill of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 533.
Respectfully submitted, /s/ Edward H. Johnson, Chairman
Senator, District 34

Senator Riley of the 1st moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.
At 8:45 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Tuesday, March 7, 1978

The Senate met pursuant to adjournment at 9:30 'oclock 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, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 499. By Senator Gillis of the 20th:
A bill to amend an Act providing for the compensation and allowances of certain State officials, so as to provide for a change in the compen sation and allowances of certain State officials; to provide for matters relative to the foregoing; to provide an effective date.

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:
SB 514. By Senators Banks of the 17th, Holloway of the 12th, Starr of the 44th and others:
A bill to amend Code Section 56-622, relating to record of surplus line brokers, so as to require that a copy of the record be furnished annually to the Insurance Commissioner.

SR 307. By Senators Lester of the 23rd, Holloway of the 12th, Riley of the 1st and others:
A resolution creating the Georgia Tax Reform Commission.

SB 467. By Senators Evans of the 37th, Coverdell of the 40th, Doss of the 52nd and others:
A bill to amend Code Section 56-704, defining unfair methods of com petition and unfair or deceptive acts or practices, so as to include in the definition of unfair discrimination certain discrimination relating to

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3067

property insurance; to provide for private causes of action and attorney's fees; to provide an effective date.

The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 606. By Senator Doss of the 52nd:
A bill to amend Code Chapter 56-5, relating to insurance rates for casualty, surety, vehicle insurance, property, marine, and transportation, so as to provide for applicability of a certain Section of workmen's com pensation insurance.

SB 557. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act," as amended, so as to pro-local units of administration with the authority to utilize adult education personnel to manage com munity education activities; to provide for matters relating thereto; to provide an effective date.

SB 515. By Senator Barnes of the 33rd:
A bill to amend an Act creating the Prosecuting Attorney's Council of the State of Georgia, so as to authorize the said Council to conduct or approve for credit or reimbursement certain training courses for certain prosecuting attorneys and their staffs.

SB 444. By Senators Johnson of the 34th, Barnes of the 33rd and Allgood of the 22nd:
A bill to amend an Act comprehensively revising appellate and other posttrial procedure, as amended, so as to change the provisions relating to dismissal of appeals; to provide an effective date.

SB 582. By Senator Barnes of the 33rd:
A bill to amend Code Section 84-507, relating to applicants for chiro practic examinations, qualifications, fees and certificates, as amended, so as to provide for additional qualifications for applicants matricu lating in a chiropractic college after January 1, 1982.

SB 534. By Senator Doss of the 52nd:
A bill to amend Code Title 49, relating to guardian and ward, as amended, so as to provide for the appointment of testamentary guardians by the surviving parent of minor or mentally ill or mentally retarded children; to provide for bond.

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SB 615. By Senator Carter of the 14th:
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 certain requirements for certification as a teacher, principal or guidance counselor.

SB 547. By Senator Allgood of the 22nd:
A bill to amend Code Title 22, relating to corporations, as amended, so as to add to the venue requirements for foreign corporations in actions on contracts made or performed in whole or in part in the county where the cause of action originated.

SB 512. By Senators Banks of the 17th, Holloway of the 12th, Starr of the 44th and others:
A bill to amend Code Section 105-106, relating to privity to support actions, so as to require that certain actions against manufacturers be instituted within a certain period after sale of the manufacturer's product.
SB 551. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend an Act relating to the security of certain State buildings and facilities, so as to authorize members of the State Patrol and Georgia Bureau of Investigation to exercise certain powers and responsibilities.
SB 552. By Senators Starr of the 4,4th, Howard of the 42nd and Langford of the 51st:
A bill to amend an Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, as amended.
SB 581. By Senators Barnes of the 33rd and Allgood of the 22nd:
A bill to amend an Act providing for modification of permanent alimony, as amended, so as to provide for legislative intent; to provide an effective date.
SB 600. By Senators Stephens of the 36th, Brantley of the 56th, Tate of the 38th and others:
A bill to amend an Act creating a new charter for the City of Alpharetta, as amended, so as to de-annex certain property belonging to Fulton County, Georgia, and located within the city limits of Alpharetta, Georgia.
The House has adopted by the requisite constitutional majority the following resolutions of the Senate:

TUESDAY, MARCH 7, 1978

3069

SR 72. By Senator Paulk of the 13th:
A resolution relative to the portrait of former Governor William J. Northen.

SR 298. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A resolution charging the Coordinating Committee for Exceptional Individuals.

SR 297. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A resolution creating the Georgia School Law Recodification Committee to study the recodification of the Georgia School Laws.

SR 292. By Senator Kidd of the 25th:
A resolution creating the Joint Stop Drugs at the Source Study Com mittee.

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.

The House has agreed to the Senate amendments to the following bills and resolutions of the House:

HR 718. By Representative McDonald of the 12th:
A resolution proposing an amendment to the Constitution so as to in crease the civil jurisdiction of justices of the peace in Jackson County.

HB 1851. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act placing the Sheriff of Brantley County upon an annual salary so as to change the provisions relating to the number of deputy sheriffs and their compensation; to change the provisions relating to automobiles.
HR 673. By Representative Vaughn of the 57th:
A resolution proposing an amendment to the Constitution, so as to pro vide for the recall of elected officials of Rockdale County and of munic ipalities within Rockdale County; to provide for petitions; to provide for the conduct of such recall elections; to provide for practices, pro cedures and requirements in connection with such recall elections; to provide for the filling of vacancies.

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HR 722. By Representatives Tolbert, Butler and Johnston of the 56th and others:
A resolution proposing an amendment to the Constitution so as to pro vide requirements relative to setting the ad valorem tax millage rates for educational and county government purposes by the Board of Education and Board of Commissioners of DeKalb County.

HB 1972. By Representative Adams of the 79th:
A bill to amend an Act incorporating the City of Molena so as to change the terms of the mayor and aldermen and provide for staggered terms.

HB 1755. By Representatives Matthews of the 145th, Long of the 142nd, Banner of the 130th and others:
A bill to amend an Act known as the "Georgia Liming Materials Act of 1976" so as to change certain definitions and the provisions relating to definitions of terms used in said Act; to change the provisions relating to labeling; to change the provisions relating to penalties.

HB 1499. By Representatives Banner of the 130th, Sizemore of the 136th, Veazey of the 146th and others:
A bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act" so as to remove certain limitations on the exemption provided for sales of machinery used in tilling the soil or in animal husbandry.

HR 727. By Representative Vaughn of the 57th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a Downtown Conyers Development Authority for the purpose of carrying out the redevelopment of the downtown area of the City of Conyers and to provide for the powers, privileges, duties and immunities of said Authority and the City of Conyers in relation to said Authority.

HR 586. By Representatives Beck of the 148th, Adams of the 79th and Patten of the 146th:
A resolution proposing an amendment to the Constitution so as to pro vide for the publication of a summary of each proposed general amend ment to the Constitution.

HB 1683. By Representatives Butler, Tolbert and Johnston of the 56th and others:
A bill to amend Code Section 26-1312, relating to the crime of inter ference with custody, so as to include within the crime the act of knowingly bringing into this State a person committed to the custody of another person; to provide a penalty; to provide for editorial revision.

TUESDAY, MARCH 7, 1978

3071

HB 1333. By Representative Pinkston of the 100th:
A bill to create the Georgia Educational Facilities Authority; to autho rize the Authority to acquire, construct and equip self-liquidating Proj ects consisting of educational facilities for lease or sale to private insti tutions of higher education; to confer powers and impose duties on the Authority; to provide for the appointment of members of the Authority.

HB 2060. By Representatives Greene and Stone of the 138th:
A bill to amend an Act creating the Board of Commissioners of Appling County so as to change the compensation of the Commissioners of Appling County.

HB 2061. By Representatives Greene and Stone of the 138th:
A bill to amend an Act placing certain of the county officers of Appling County upon an annual salary so as to change the compensation of the Sheriff and the Clerk of the Superior Court of Appling County.

HR 482. By Representatives Adams of the 36th, Harrison and Isakson of the 20th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to exempt from taxation certain prop erty owned by a nonprofit corporation organized for the primary purpose of encouraging cooperation between parents and teachers to promote the education and welfare of children and youth.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 441. By Senators Stumbaugh of the 55th and Barnes of the 33rd:
A bill to amend Code Chapter 26-99, relating to miscellaneous criminal provisions, as amended, so as to prohibit the sale, delivery, distribution, display for sale or the provision of certain drug-related objects to a minor and to prohibit the possession of such drug-related objects for the aforesaid purposes.

The House has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 347^ By Senators Wessels of the 2nd and Riley of the 1st:
A resolution proposing an amendment to the Constitution, so as to pro vide that each person who is 65 years of age or over or who is totally disabled shall be granted an exemption from all ad valorem taxes levied by Chatham County for county purposes in an amount to be fixed by the Board of Commissioners of Chatham County on a homestead owned and occupied by him as a residence if his net income does not exceed

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JOURNAL OP THE SENATE,

an amount to be fixed by the Board of Commissioners of Chatham County.

The House has agreed to the Senate substitutes to the following bills and resolutions of the House:

HR 85. By Representatives Logan of the 62nd, Triplett of the 128th, Chance of the 129th and others:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to exempt swine and bovines from all ad valorem taxation; to provide for the submission of this amendment for ratification or rejection.

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.

HB 1638. 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 "Georgia Records Act" so as to provide a means for local governments to establish records, management programs and retention schedules; to provide a means for courts to establish retention schedules.

HR 566. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A resolution proposing an amendment to Article IX, Section I, Paragraph VI of the Constitution so as to authorize the General Assembly to require the Tax Receiver, Tax Collector, or Tax Commissioner of Fulton County to receive tax returns and collect taxes due to any or all municipalities located wholly or partially within Fulton County, at no charge to said municipalities.

HB 1599. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A bill to create a 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 Decennial Census of 1970 or any future United States Decennial Census, and to define its powers and duties.
HB 1606. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A bill to provide the procedures for the County operation, maintenance,

TUESDAY, MARCH 7, 1978

3073

and funding- of all public garbage disposal systems located within unincorporated Fulton County or within any municipality located wholly or partially within Fulton County.

HB 1603. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A bill to provide the procedures for the preparation and annual updating by the Fulton County governing authority of a countywide framework plan for all of incorporated and unincorporated Fulton County.

HB 1600. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A bill to require the Tax Commissioner of Fulton County to receive tax returns for all taxable property of each of the municipalities lying wholly or partially within Fulton County; to provide for the use of consolidated tax return forms; to require the preparation of digests from such returns.

HB 1485. By Representatives Mostiler of the 71st, Adams of the 79th, Daniel of the 88th and others:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to provide certain conditions upon the authority of a municipality to levy or collect proceeds from the local option sales tax.

HB 1848. By Representatives Thompson of the 93rd and Buck of the 95th:
A bill to amend Code Section 24-2715, relating to additional duties of clerks of superior courts, so as to authorize the clerks of superior courts to record criminal cases on microfilm.

HB 1808. By Representatives Lambert of the 112th, Murphy of the 18th, Ware of the 68th and Castleberry of the lllth:
A bill to amend Code Section 56-3002, relating to scope and format of individual accident and sickness insurance policies, so as to provide that no such policy nor any group or blanket policy providing such insurance shall contain a provision denying or reducing certain benefits as a result of the receipt of medical assistance benefits; to specify policies in vio lation to be null and void.

HB 1345. By Representative McDonald of the 12th:
A bill to amend Code Title 68B, known as "The Driver's Licensing Act", so as to provide that the Department of Public Safety shall suspend the driver's license of any person who fails to respond to a citation; to pro vide exceptions; to provide for hearings; to provide an effective date.

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HB 1699. By Representatives Lucas of the 102nd, Hatcher of the 131st, Horton of the 43rd and others:
A bill to amend Code Chapter 84-16, relating to regulation of billiard rooms, so as to provide that the provisions of the Chapter shall not apply in counties having a population of 100,000 or more, according to the United States Decennial Census of 1970 or any future such census.

HB 1629. By Representatives Snow of the 1st, Hatcher of the 131st, Games of the 43rd and Taggart of the 125th:
A bill to provide for the safety of bus passengers; to provide for a short title ("Bus Passenger Safety Act") ; to provide for definitions; to pro hibit certain acts, actions and activities; to define the offense of bus hijacking; to define the offense of assault with the intent to commit bus hijacking.

HB 1978. By Representatives Daniel of the 88th, Dent of the 85th, Beckham of the 89th and Truluck of the 86th:
A bill to amend an Act creating the office of Tax Commissioner of Richmond County so as to change the provisions relative to the fees and compensation for the collection for taxes levied for school purposes in Richmond County.

HR 715. By Representatives Childs of the 51st, Noble of the 48th, Clark of the 55th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that municipalities lying wholly within DeKalb County and the DeKalb County portion of any municipality lying wholly or partially within DeKalb County shall constitute special services tax districts for the provision of certain governmental services therein by DeKalb County and to provide that DeKalb County shall assess, levy and collect ad valorem taxes and collect service charges or fees within such special services tax districts only in accordance with the kind, character, type and degree of such governmental services provided therein by said county.

HB 1607. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, and others:
A bill to create the Unified Atlanta-Fulton County Water and Sewer System; to provide a short title for this Act ("Unified Atlanta-Fulton County Water and Sewer System Act") ; to provide for the definition of terms used in this Act; to provide for the powers and property of such system; to provide for the acquisition and transfer of property to such system.

HR 571. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A resolution proposing an amendment to the Constitution so as to provide for the transfer of all existing library facilities and services

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3075

located within unincorporated Fulton County and within any munic ipality located wholly or partially within Fulton County, together with the property, debts, assets and employees thereof, to the County-wide Library Service.

HR 573. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly shall be authorized by law to provide requirements relative to the financing of services in counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census.

HB 1608. By Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st and others:
A bill to provide the procedures for the establishment of the Countywide Library System in Fulton County; to provide for the transfer of all existing library services and facilities located within unincorporated Fulton County and within any municipality located wholly or partially within Fulton County.

The House has agreed to the Senate amendment to the following bill of the House:

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.

The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House:
HB 536. By Representatives Burruss and Housley of the 21st, Kaley of the 19th and others:
A bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", as amended, so as to exempt from the tax levied by said Act certain sales by religious institutions or.denomi nations.

The House recedes from its position in amending the following bill of the Senate:

SB 522. By Senator Howard of the 42nd: A bill to amend Code Chapter 88-2, relating to county boards of health,

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so as to permit county boards of health and health districts to contract with certain agencies, institutions and political subdivisions; to provide for the appointment of directors of health districts; to authorize con tracts for multicounty services; to provide for severability; to provide an effective date.

The House recedes from its position in substituting the following resolution of the Senate:

SR 217. By Senators Holloway of the 12th, Starr of the 44th, Howard of the 42nd and others:
A resolution proposing an amendment to the Constitution, so as to com pletely revise Article X relating to retirement systems and educational scholarships and to change other provisions of the Constitution in con nection with such revision; to provide for the submission of this amend ment for ratification or rejection.

The House has adopted the report of the Committees of Conference on the following bills of the House and Senate:

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.

HB 1907. By Representative Connell of the 87th:
A bill to amend an Act to provide and fix the compensation of certain elected officials in certain counties of this State so as to change the salaries of certain elected officials in said counties.

HB 1543. By Representatives Rainey of the 135th and Peters of the 2nd:
A bill to amend an Act enacting the Game and Fish Code so as to provide for changes in certain definitions; to provide authority for rules and regulations relating to times, places, numbers, species and sizes.

HB 1335. By Representatives Karrh of the 106th, Sizemore of the 136th, Ross of the 76th and others:
A bill to amend Code Section 32-904, relating to the compensation of members of county boards of education, so as to change the compensation of members of county boards of education.
The House has adopted the report of the Second Committee of Conference on the following bill of the Senate:

TUESDAY, MARCH 7, 1978

3077

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 rela tive to the operation and management of the George L. Smith II Georgia World Congress Center.

The House has adopted the following resolution of the House:

HR 841. By Representatives Johnson and Glanton of the 66th:
A resolution creating the Town of Mt. Zion Annexation Study Com mittee.
The House insists on its position in disagreeing with 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 1386. By Representatives Kemp of the 139th, Davis of the 99th, Johnston of the 56th and others:
A bill to amend Code Section 56-407A, relating to uninsured motorist coverage, so as to change the maximum amounts of such coverage which may be obtained from an insurer; to provide for editorial revision.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Kemp of the 139th, Walker of the 115th and Hatcher of the 131st.
The House insists on its position in amending the following bill of the Senate:

SB 408. By Senators Evans of the 37th, English of the 21st, Allgood of the 22nd and others:
A bill to prohibit sexual exploitation of children; to provide definitions; to provide that it is unlawful for any persons to take certain actions related to procuring for use or using certain minors for the purpose of depicting sexually explicit conduct in any visual or print medium; to provide that it is unlawful for the parent or person having custody of a child to take certain actions respecting sexual exploitation of the child; to provide penalties.
The Houre has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

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SB 430. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend the Fair Business Practices Act of 1975, so as to correct typographical errors; to add or change several definitions; to broaden the definitions of consumer transactions to include solicitations for charitable organizations.

SB 575. By Senator Wessels of the 2nd:
A bill to repeal an Act fixing the compensation of sheriffs in all counties of this State having a population of not less than 185,000 nor more than 190,000 according to the United States Decennial Census of 1970, or any such future census; to provide an effective date.
The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate:
SB 508. By Senator Greene of the 26th: A bill to amend Code Chapter 45-3, relating to licenses and permits for hunting, trapping and fishing, so as to require persons born after a certain date to complete a hunter education course prescribed by the Board of Natural Resources in order to obtain a hunting license.
SB 405. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A bill to amend Code Chapter 79A-2, relating to the State Board of Pharmacy, so as to provide for an additional member of the board; to provide the procedures connected therewith; to provide an effective date.

The House has adopted, as amended, by the requisite constitutional majority the following resolutions of the Senate:

SR 323. By Senator Bell of the 5th:
A resolution proposing an amendment to the Constitution, so as to au thorize the General Assembly to provide by law for the form of govern ment of DeKalb County and, in connection therewith, to provide for the various officers, bodies, branches, departments or agencies by and through which the county's governmental powers shall be exercised and to require that certain legislation adopted pursuant to such authority shall be conditioned for its effectiveness on approval of the voters of DeKalb County.

SR 351. By Senator Hudson of the 35th:
A resolution proposing an amendment to the Constitution, so as to pro vide that the General Assembly shall have the power by general, local or special law applicable to any county of this State having a population

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3079

of 600,000 or more according to the United States Decennial Census of 1970 or any future such census; to provide for the submission of this amendment for ratification or rejection.

The following reports of standing committees were read by the Secretary:
Mr. President:
Your Committee on Consumer Affairs has had under consideration the fol lowing resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SR 395. Do pass.
Respectfully submitted, Senator Barker of the 18th District, Chairman

Mr. President:
Your Committee on Natural Resources and Environmental Quality has had under consideration the following resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 375. Do pass. HR 838. Do pass.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

The following local, uncontested bills and resolution of the House, favorably reported by the committee, were read the third time and put upon their passage:

HB 1383. 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 that the Public Defender of Fulton County may receive credit for prior service as an Assistant Public Defender of Fulton County; to provide for contributions to obtain credit for such services.

The following fiscal note, as required by law, was read by the Secretary:

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DEPARTMENT OP AUDITS 115 State Capitol
Atlanta, Georgia 30334

February 6, 1978

MEMORANDUM

TO:

The Honorable Paul Bolster, Chairman

Salary and Pension Committee--Fulton Delegation

PROM:

William M. Nixon State Auditor

Clark Stevens, Director Office of Planning and Budget

SUBJECT: Fiscal Note--House Bill 1383 Judges' and Solicitors Generals' Retirement Fund of Fulton County

This Bill would permit any present or future Public Defender of Fulton County who is a member of the Retirement Fund to receive credit for service as an assistant Public Defender of Fulton County. To obtain credit for these years service, the individual must pay into the Fund the percentage of his salary required by the Act (as amended) establish ing the Fund. This proposed legislation (H.B. 1383) stipulates that any required payment must be made to the Fund in 60 equal monthly install
ments.

The fiscal impact of this Bill on the 46 member Retirement Fund would be insignificant. One person has been identified who would receive additional retirement credit. In order for this person to obtain credit for his 37 months as an assistant, he would be required to pay into the Fund approximately $2900 (based on 5% of his salary plus 3% interest).

It should be noted that while this person was a assistant Public Defender he, like the current assistants, worked on a contract basis. Included in the contract is the provision that the individual shall accrue no pension benefits as an employee of Fulton County while under such contract.

/s/ William M. Nixon State Auditor

/s/ Clark Stevens, 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, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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3081

HB 1384. 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 on full benefits.

The following fiscal note, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

February 13, 1978

MEMORANDUM

TO:

The Honorable Paul Bolster, Chairman

Salary and Pension Committee--Fulton Delegation

FROM:

William M. Nixon, State Auditor Clark Stevens, Director, Office of Planning and Budget

SUBJECT: Fiscal Note--House Bill 1384 Fulton County Judges' and Solicitors Generals' Retirement Fund

This Bill, as originally drafted, would have allowed members who continue to serve after becoming eligible for full retirement benefits (20 years service) to receive a two percent of salary increase in benefits for each additional year of service (up to 12 years). The fiscal impact of the original Bill was indicated in a fiscal note dated February 6, 1978. (It should be pointed out that the $14,444 figure given in the fiscal note should have been $16,184). The fiscal impact of amending this Bill to allow a 1% percent of salary increase in benefits and to delete the 12 year limit on additional years service is indicated in the following paragraphs.

The Fulton County Finance Department's administrator of the Fund has identified five current employees who, because they will have served over 20 years by February 28, 1978, will be immediately affected bv this Bill. Assuming that these individuals retire immediately, the additional annual cost of benefits resulting from this Bill would be $9,832 (based on their current salaries). An additional six employees will exceed 20 years service in five years. Assuming no salary increases and immediate retirement in five years, these six employees would in crease the annual benefit cost by $2,334. It should be pointed out that the difference in cost is due to the difference in the average years service of those members immediately affected by this Bill, which is 29.8 years, and the average years service for those members affected five
years from now, which will be 22.6 years.

The dollar amounts noted above will increase as additional years are worked and/or salaries increase. The most recent actuarial valuation

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of the Fund, based on January 1, 1977 data, indicated an unfunded ac crued liability of $3.07 million. This Bill has no provisions for funding these increases in benefits.

/s/ William M. Nixon State Auditor

/a/ Clark Stevens, 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, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1515. By Representatives Bolster of the 30th, and Greer and Horton of the 43rd:
A bill to amend the Act approved August 13, 1924, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 300,000 as disclosed by the United States Census of 1920, or any subsequent census.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1515 by striking lines 31 and 32 on Page 3 in their en tirety and inserting in lieu thereof the following:
"percent (1%) per month for each month not to exceed sixty (60) months that the officer or employee lacks in being fifty-five (55) years of age and one-fourth (Vi) of one percent (1%) per month for each month in excess of sixy (60) months that the officer or employee lacks in being fifty-five (55) years of age."

On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

TUESDAY, MARCH 7, 1978

3083

HB 1516. By Representatives Bolster of the 30th, and Greer and Horton of the 43rd:
A bill to amend an Act approved February 15, 1933, providing pensions for members of police departments in cities having a population of 300,000 or more according to United States Census of 1920, or any subsequent census thereof.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1516 by striking lines 30 and 31 on Page 3 in their en tirety and inserting in lieu thereof the following:
"percent (1% )per month for each month not to exceed sixty (60) months that the officer or employee lacks in being fifty-five (55) years of age and one-fourth (V^) of one percent (1%) per month for each month in excess of sixty (60) months that the officer or employee lacks in being fifty-five (55) years of age."

On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1517. By Representatives Bolster of the 30th, and Greer and Horton of the 43rd:
A bill to amend the Act approved August 20, 1927, providing that cities having a population of more than 300,000 according to the United States Decennial Census of 1970, or any such future census, shall furnish pensions to officers and employees.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1517 by striking lines 28 through 29 on Page 3 in their entirety and inserting in lieu thereof the following:
"percent (1%) per month for each month not to exceed sixty (60) months that the officer or employee lacks in being sixty (60) years of age and one-fourth ( J/4) of one percent (1%) per month

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for each month in excess of sixty (60) months that the officer or employee lacks in being sixty (60) years of age."
By striking the word "of" on line 33 of Page 3 and inserting in lieu thereof the word "or".

On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1517 by adding at the end of line 18 of Page 14, a new paragraph to read as follows:
"Provided further that commencing January 1, 1979, the re quired employer contribution with respect to those members of this pension fund, who would otherwise be eligible for membership in the Teachers' Retirement System of Georgia and who do not elect to come under this amendment, shall be equal to the total employer contributions required by this Act, as amended, prior to this amend ment until such members are admitted into membership with the Teachers' Retirement System of Georgia or elect not to join the Teachers' Retirement System of Georgia when offered the oppor tunity to do so under a plan approved by the Board of Trustees of this pension fund, the Atlanta Board of Education and the City of Atlanta. When such members are admitted into membership with the Teachers' Retirement System of Georgia or elect not to join as provided above, the required employer contribution with respect to such members shall be as otherwise provided by this subsection, and with respect to such members who remain as members of this pension fund the employer shall pay the difference between the required employer contribution as otherwise provided in this subsection and the employer contribution actually made on behalf of such members."

On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1786. By Representative Ham of the 80th:
A bill to amend an Act entitled "An Act to amend Code Chapter 26-29, relative to crimes involving dangerous instrumentalities and practices,"

TUESDAY, MARCH 7, 1978

3085

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 corpo ration without having first obtained permission from the owner or lessee of such property.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1786 by inserting following the word "census" on line 15 of Page 1 and on line 9 of Page 2 the following:
", except between the hours of 9:00 a.m. and 4:00 p.m. on Sunday in such counties".

On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1870. By Representative Kemp of the 139th:
A bill to amend an Act providing for the compensation of the Sheriff and the Clerk of the Superior Court of Liberty County so as to change the compensation of the clerk of the superior court; to authorize the clerk of the superior court to employ a deputy clerk and two full-time clerks.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1870 by striking in its entirety Section 2 on Page 2, which reads as follows:
"Section 2. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
'Section 3. The clerk is hereby authorized to employ a deputy clerk and two full-time clerks. The deputy clerk shall receive an annual salary of $9,200.00. One of the two full-time clerks shall receive an annual salary of $7,800.00, and the other full-time clerk

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JOURNAL OF THE SENATE,

shall receive an annual salary of $5,512.00, each payable in equal monthly installments out of the funds of Liberty County.' ",

and inserting in lieu thereof a new Section 2 to read as follows:

"Section 2. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:

'Section 3. The clerk is hereby authorized to employ a deputy clerk and two full-time clerks. The deputy clerk and full-time clerks shall receive an annual salary as determined by the governing authority of Liberty County and payable in equal monthly install ments out of the funds of Liberty County.' "

On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 2071. By Representatives Taggart of the 125th, Scott of the 123rd, Jones of the 126th and others:
A bill to abolish the office of Associate Judge of the Municipal Court of Savannah; to abolish the Municipal Court of Savannah; to abolish the office of Senior Judge of the Municipal Court of Savannah; to transfer certain processes, cases, suits, books, papers, records, materials, indexes, property and personnel of the Municipal Court of Savannah to the State Court of Chatham County.
The Senate Committee on County and Urban Affairs offered the following substitute to HB 2071:
A BILL
To be entitled an Act to abolish the office of Associate Judge of the Municipal Court of Savannah; to abolish the Municipal Court of Sa vannah to; abolish the office of Senior Judge of the Municipal Court of Savannah; to transfer certain processes, cases, suits, books, papers, records, materials, indexes, property and personnel of the Municipal Court of Savannah to the State Court of Chatham County; to provide

TUESDAY, MARCH 7, 1978

3087

effective dates; to provide for a referendum; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Any other provision of law to the contrary notwith standing, the office of Associate Judge of the Municipal Court of Sa
vannah is hereby abolished effective at midnight on December 31, 1978. No person shall be elected to succeed the associate judge whose term of office expires on December 31, 1978.

Section 2. Effective at midnight on December 31, 1978, the Munic ipal Court of Savannah is hereby abolished and the Act revising, altering and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah, approved April 18, 1969 (Ga. Laws 1969, p. 2857), as amended, and all Acts amendatory thereto are hereby re pealed as of said date.
Section 3. All mesne and final processes for the Municipal Court of Savannah which have not been executed as of midnight on December 31, 1978, shall be returned to the State Court of Chatham County, Geor gia. All cases and matters which are pending in said Municipal Court of Savannah on December 31, 1978, are hereby transferred to the State Court of Chatham County. All books, papers and records attaching to such actions and cases shall be transferred to the proper offices of the State Court of Chatham County, and in all other respects the State Court of Chatham County shall stand substitute for the Municipal Court of Savannah in all matters of every kind and nature, and all subsequent proceedings shall be the same as if such cases had been originally filed in the State Court of Chatham County. All books, records, indexes and property of any nature whatsoever shall be and become the property of the State Court of Chatham County on and after midnight of December 31, 1978. Nothing contained herein shall be construed to prohibit the State Court of Chatham County from transferring any pending cases transferred to it by the provisions of this Act to any other court of competent jurisdiction when such cases involve actions coming within the jurisdiction of such other courts as provided by the Constitution and laws of this State. All personnel of the Municipal Court of Savannah, except the judges thereof, are hereby transferred to the State Court of Chatham County and shall become employees of the State Court of Chatham County effective at midnight on December 31, 1978.

Section 4. 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 Chatham County to issue the call for an election for the purpose of submitting Sections 2 and 3 of this Act to the electors of Chatham County for approval or rejection. The super intendent shall set the date of such election for Tue:day, August 8, 1978. At least 29 days shall intervene between the date of the issuance of the call and the date of the election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks

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immediately preceding the date thereof, in the official organ of Chatham County. The ballot shall have written or printed thereon the words:
"( ) YES Shall Sections 2 and 3 of the Act abolishing the Municipal Court of Savannah and transferring
( ) NO all cases and records to the State Court of Chat ham County 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, Sections 2 and 3 shall become of full force and effect, otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Chatham County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 5. Section 1 of this Act shall become effective at midnight on December 31, 1978, in the event more than one-half of the electors of Chatham County voting in the referendum as provided in Section 4 do not approve Sections 2 and 3 of this Act.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 50, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 2072. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act creating a new charter for the City of Young Harris so as to change the date of elections in said City.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 2072:
A BILL
To be entitled an Act to grant a new charter to the City of Young Harris; to provide for the incorporation of such city; to provide for

TUESDAY, MARCH 7, 1978

3089

corporate boundaries; to provide for powers, duties and authority of the City of Young Harris and its officials, officers and employees; to provide for ordinances; to provide for a mayor and city council and their election, compensation and expenses, powers, duties and authority; to provide for filling vacancies; to provide for a mayor pro tern and his powers, duties and authority; to provide for meetings; to provide for a quorum; to provide for practices and procedures; to provide for codes; to provide for departments, boards, commissions and authorities; to pro vide for a city manager, city attorney, city clerk, city tax collector, city accountant and other employees; to provide for consolidation of func tions; to provide for classifications and pay plans; to provide for per sonnel policies; to provide for a city court and the jurisdiction, judge, practices, procedures, appeals and rules connected therewith; to provide for elections; to provide for removal of elected officials; to provide for taxation and the practices and procedures connected therewith; to pro vide for service charges; to provide for assessments; to provide for bonds and notes; to provide for fiscal administration and budgets; to provide for contracts and purchases; to provide for official bonds; to provide for penalties; to provide for other matters relative to the fore going; to repeal an Act granting a new charter to the City of Young Harris, approved March 17, 1960 (Ga. Laws 1960, p. 2523), as amended; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

ARTICLE I
INCORPORATION, POWERS
Section 1.01. Incorporation. This Act shall constitute the whole charter of the City of Young Harris, repealing and replacing the charter provided by an Act of the General Assembly, approved March 17, 1960 (Ga. Laws 1960, p. 2523), as amended. The City of Young Harris, Georgia, in the County of Towns, and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Young Harris, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded in all the courts of law and equity and in all actions whatsoever and may have and use a common seal and change it at pleasure.
Section 1.02. Corporate Boundaries. The corporate limits of said City of Young Harris shall extend one-half mile in every direction from the Young Harris College Chapel in said city and shall include all per sons and property within the radius of that distance.
Section 1.03. Specific Powers. The corporate powers of the govern ment of the City of Young Harris, to be exercised by the governing authority, may include the following:
(1) to levy and to provide for the assessment, valuation, revaluation and collection of taxes on all property subject to taxation;

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(2) to levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; to license and regulate such privileges, occupations, trades and professions; and to provide for the manner and method of payment of such licenses and taxes;
(3) to make appropriations for the support of the government of the city; to authorize the expenditure of money for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city;
(4) to appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia;
(5) to acquire, dispose of and hold in trust or otherwise any real, personal or mixed property in fee simple or lesser interest inside or outside the property limits of the city;
(6) to accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;
(7) to condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, under Section 36-202 of the Code of Georgia, 1933, or under other applicable Public Acts as are or may be enacted;
(8) to acquire, lease, construct, operate and maintain public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, penalties and withdrawal of service for refusal or failure to pay same; and to fix the manner in which such remedies shall be enforced; the sale or disposal of any public utility shall be approved by a two-thirds' majority vote of the qualified voters of said city;
(9) to grant franchises or make contracts for public utilities and public services not to exceed periods of thirty (30) years; and to pre scribe the rates, fares, regulations, standards and conditions of service applicable to the service to be provided by the franchise grantee or con tractor insofar as not in conflict with such regulations by the Public Service Commission;

(10) to lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees or otherwise improve, maintain, repair, clean, prevent erosion of and light roads, alleys and walkways within the corporate limits of the city;

TUESDAY, MARCH 7, 1978

3091

(11) to grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public utilities;

(12) to provide for the acquisition, constructing, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, li braries, sewers, drains, sewerage treatment, airports, hospitals and charitable, cultural, educational, recreational, conservation, sport, cura tive, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Section 36-202 of the Code of Georgia, 1933, or other applicable Public Acts, as are or may be enacted;

(13) to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordi nances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalities to be imposed for failure to do so;

(14) to regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas and heating and air-conditioning codes; to regulate all housing, building and building trades; to license all building trades; and to license the construction and erection of buildings and all other structures;

(15) to provide for the prevention and punishment of riots and public disturbances;

(16) to regulate or prohibit junk dealers; pawnshops; the manufac ture, sale or transportation of intoxicating liquors and liquids; the use and sale of firearms; the transportation, storage and use of combustible, explosive and inflammable materials; the use of lighting and heating equipment; and any other business or situation which may be dangerous to persons or property.

(17) to regulate and control the conduct of peddlers, itinerant trades, theatrical performances, exhibitions and shows of any kind whatever by taxation or otherwise;

(18) to license, tax, regulate or prohibit professional fortunetelling and palmistry;

(19) to prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances;

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(20) to prescribe standards of health and sanitation and to provide for the enforcement of such standards;
(21) to regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city;
(22) to fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not incon sistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishments for violation thereof;
(23) to provide for the collection and disposal of garbage, rubbish and refuse; to regulate the collection of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, alumi num, cardboard, paper and other recyclable materials and the sale of same;
(24) to provide for the destruction and removal of any building or other structure which may or might become dangerous or detri mental to the public;
(25) to levy, fix, assess and collect a garbage, refuse and trash collection and disposal and other sanitary service tax, charge or fee for such services as may be necessary in the operation of the city from all individuals, firms and corporations residing in or doing business in the city and benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges, taxes or fees;
(26) to levy a fee or charge a sewer tax as necessary to assure the acquiring, construction, equipping, operating, maintaining and extending of a sewage disposal plant and sewerage system; to levy on the users of sewers and the sewerage system a sewer service charge, fee or tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing pay ment of same;
(27) to charge, impose and collect a sewer connection fee or fees and to charge the same from time to time, such fees to be levied on the users connecting with the sewerage system;
(28) to define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare and safety of the inhabitants of the city; and to provide for the enforcement of such standards;
(29) to define a nuisance and provide for its abatement whether on public or private property;
(30) to provide for the preservation and protection of property and equipment of the city; to provide for the use and administration

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of same by the public; and to prescribe penalties and punishment for violations thereof;
(31) to establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installa tion and equipment, plumbing and housing, for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city; and to pro vide for the enforcement of such standards;
(32) to provide that persons given jail sentences in the city court may work out such sentences in any public works or on the streets, roads, drains and squares in the city; and to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials;

(33) to adopt ordinances and regulations for the prevention of loitering, disorderly conduct and disturbing the peace in the corporate limits of the city; to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within the city which, while not constituting offenses against the laws of the State of Georgia, nevertheless are deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof;

(34) to regulate and license or prohibit the keeping or running at large of animals and fowl; to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for their disposition by sale, gift or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of ordi nances enacted hereunder;

(35) to regulate the operation of motor vehicles and exercise con trol over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the city;

(36) to regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amount to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles;

(37) to provide and maintain a system of pensions and retirement for officers and employees of the city;

(38) to levy and provide for the collection of special assessments to cover the costs of any public improvements;

(39) to enter into contracts and agreements with other govern mental entities and with private persons, firms and corporations pro viding for services to be furnished and payments to be made therefor;

(40) to create, alter or abolish departments, boards, offices, com missions and agencies of the city and to confer upon such agencies

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the necessary and appropriate authority for carrying out all powers conferred upon or delegated to same;

(41) to make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, con venience and interest of the city and the inhabitants thereof and for preserving the health, peace, good order and good government of the city;

(42) to provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia;

(43) to exercise the power of arrest through duly appointed po licemen;

(44) to establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or wellbeing of the citizens of the city;

(45) to establish and enforce zoning regulations;

(46) to exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting power but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Consti tution or applicable laws of the State of Georgia.

Section 1.04. General Powers. In addition to all other powers herein granted, the city shall be vested with any and all powers which municipal corporations are or may hereafter be authorized or required to exercise under the Constitution and laws of the State of Georgia as fully and completely as though such powers were specifically enumerated herein, and any and all powers which the city was here tofore authorized to exercise upon the effective date of this charter.

Section 1.05. Construction. The powers of the city shall be con strued liberally and in favor of the city. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the city as stated in this charter. It is the intention hereof to grant the city full power and right to exercise all governmental authority necessary for the effective operation and conduct of the city and all of its affairs.

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Section 1.06. Exercise of Powers. All powers, functions, rights, privileges and immunities of the city, its officers, agencies or employees shall be carried into execution as provided by this charter. If this char ter makes no provision, such powers, functions, rights, privileges and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia.

Section 1.07. Prior Ordinances, Still Valid. All ordinances, bylaws, rules and regulations now in force in the City of Young Harris, not inconsistent with this charter, are hereby declared valid and of force until amended or repealed by the mayor and council.

ARTICLE II
LEGISLATIVE BODY
Section 2.01. Creation and Composition of Legislative Body. The legislative authority of the government of the City of Young Harris, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this charter.
Section 2.02. Terms and Qualifications of Office. The members of the council shall serve for two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless: (1) he has been a resident of the City of Young Harris for a period of one year immediately prior to the date of the election of mayor or councilmen; (2) he continues to reside therein during his period of service; (3) he is registered and qualified to vote in municipal elections of the City of Young Harris; and (4) he meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution.
Section 2.03. Vacancy; Forfeiture of Office; Filling of Vacancies, (a) The office of mayor or councilman shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this charter or the laws of the State of Georgia.
(b) The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any one or more of the qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) wilfully and knowingly violates any express prohibition of this charter; or (3) is convicted of a crime involving moral turpitude.
(c) A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter.

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Section 2.04. Compensation and Expenses. The mayor shall receive
as compensation for his services not more than $100.00 per month. The councilmen shall receive as compensation for their services not more than $100.00 per month. The mayor and council shall fix the salaries to be received by the mayor and each councilman for the succeeding year at their regular meeting in December of each year. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office.

Section 2.05. Prohibitions, (a) Except as authorized by law, neither the mayor nor any councilman shall hold any other elective city office or city employment during the term for which he was elected.

(b) Neither the mayor nor any councilman shall vote upon any question in which he is personally interested.

Section 2.06. Inquiries and Investigations. The council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof and for this purpose the council may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as prescribed by ordinance.

Section 2.07. General Power and Authority of the Council, (a) Except as otherwise provided by law or by this charter, the council shall be vested with all of the powers of government of the City of Young Harris as provided by Article I.

(b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations not inconsistent with this charter, the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient or helpful for the peace, good order, protection of life or property, health, welfare, sanitation, comfort, convenience, prosperity or well-being of the inhabitants of the City of Young Harris and may enforce such ordinances by imposing penal ties for violation thereof.

Section 2.08. Chief Executive Officer. The mayor shall be the chief executive officer of the City of Young Harris. He shall possess, have and exercise all of the executive and administrative powers granted to him under the Constitution, laws of the State of Georgia and this charter.

Section 2.09. Duties of Mayor. The mayor shall:

(a) preside at all meetings of the city council;

(b) be the official head of the city for the service of process and for ceremonial purposes;
(c) have power to administer oaths and to take affidavits;

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3097

(d) sign all written contracts entered into by the council on behalf of the city and all other contracts and instruments executed by the city which by law are required to be in writing;

(e) see that all laws and ordinances of the city are faithfully executed;

(f) have the power to suspend all officers, department heads and employees of the city, the suspension to be subject to a hearing at the next regular or special council meeting following the suspension;

(g) exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities;

(h) submit to the council at least once a year a statement covering the financial condition of the city and from time to time such other in formation as the council may request;

(i) recommend to the council such measures relative to the affaire of the city, improvement of the government and promotion of the wel fare of its inhabitants as he may deem expedient;

(j) call special meetings of the council as provided for in Section 2.12 of this charter;

(k) examine and audit all accounts of the city before payment;

(1) require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient;

(m) have the power to veto any action taken by the council unless said action was approved by a two-thirds' vote of the council; provided, however, that this veto power shall not apply to the introduction and adoption of ordinances;

(n) perform other duties as may be required by law, this charter or ordinance.

Section 2.10. Mayor Pro Tern. During the absence or disability of the mayor for any cause, the mayor pro tern, or in his absence or dis ability for any reason any one of the councilmen chosen by the council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such ab sence or disability shall continue.

Section 2.11. Organization Meeting, (a) The new mayor and coun cil shall conduct an organizational meeting on the first Tuesday after the first Monday in January. The meeting shall be called to order by the city clerk, and the oath of office shall be administered to the newly elected mayor and councilmen as follows:

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"I do solemnly swear or affirm that I will well and truly demean myself as mayor (or councilman as the case may be) of the City of Young Harris for the ensuing term, and that I will faithfully uphold the Constitution of the United States and of the State of Georgia, enforce the charter and ordinances of the City of Young Harris to the best of my skill and ability, without fear or favor; so help me God."

(b) Following the swearing in of new members, the mayor and council by a majority vote shall elect one of the councilmen to serve as mayor pro tern for a term of one year and until his successor is elected and qualified.

Section 2.12. Regular and Special Meetings, (a) The council shall hold regular meetings at such times and places as prescribed by ordi nance. The council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting.

(b) Special meetings of the council may be held on call of the mayor or four members of the council. Notice of such special meeting shall be served on all other members personally, or by telephone per sonally, or shall be left at their residences at a reasonable time in advance of the meeting. Such notice shall not be required if the mayor and all councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the meeting shall constitute a waiver and notice of any special meeting. Only the business stated in the call may be transacted at the special meeting except by unanimous consent of all members present. With such consent, any business which may be transacted in a regular meeting may be conducted at a special meeting.

(c) All meetings of the council shall be public.

Section 2.13. Rules of Procedure. The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for the keeping of a journal of its pro ceedings, which journal shall be a public record.

Section 2.14. Quorum, Voting. Four councilmen shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal but any member of the council shall have the right to request a roll-call vote. The affirma tive vote of four councilmen shall be required for the adoption of any ordinance, resolution or motion except as otherwise provided in this charter.

Section 2.15. Action Requiring an Ordinance, (a) Except as herein provided, every official action of the council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be

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introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be: "The Council of the City of Young Harris hereby ordains . . ."

(b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish; provided, however, that no ordinance, except an emergency ordinance, shall be adopted until the next regular meeting of the council following the meeting of its initial introduction.

Section 2.16. Emergency Ordinances. To meet a public emergency affecting life, health, property or public peace, the council may adopt one or more emergency ordinances but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain after the enacting clause a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amend ment or rejected at the meeting at which it is introduced but the affirm ative vote of at least four councilmen shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed sixty (60) days following the date upon which it was adopted but this shall not prevent reenactment of the ordinance in the manner specified in this Section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emer gency ordinances.

Section 2.17. Codes of Technical Regulations. The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.18 of this charter.

Section 2.18. Signing, Authenticating, Recording; Printing; Codi fying, (a) The city clerk shall authenticate by his signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. Every ordinance shall be signed by the mayor as a matter of course after adoption.

(b) The council shall provide for the preparation of a general codification of all of the ordinances of the city. The general codification shall be adopted by the council by ordinance and shall be published promptly together with all amendments thereto, this charter and any amendments thereto and such codes of technical regulations and other

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rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Young Harris, Georgia." Copies of the code shall be furnished to all officers, departments and agencies of the city and made available for purchase by the public at a reasonable price fixed by the council.

(c) The council shall cause each ordinance and each amendment to this charter to be printed following its adoption. Following publication of the first code of the City of Young Harris and at all times thereafter, the ordinances and charter amendments shall be printed in substan tially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

ARTICLE III
EXECUTIVE BRANCH
Section 3.01. Administrative and Service Departments, (a) The council by ordinance may establish, abolish, merge or consolidate of fices, positions of employment, departments and agencies of the city as it deems necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer, charge, add to or detract from the function or duties of offices, positions of employ ment, departments and agencies of the city.
(b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such offices, employees and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and councilmen.
(c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner prescribed by this charter for an original appointment.
(d) Except as otherwise provided by law, the directors of depart ments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional quali fications.
(e) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance of the city council.

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Section 3.02. Boards, Commissions and Authorities, (a) All mem bers of boards, commissions and authorities shall be appointed by the council for such terms of office and such manner of appointment as provided by ordinance except where other appointing authority, term of office or manner of appointment is prescribed by this charter or by applicable State law.

(b) Any vacancy in office of any member of a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment except as otherwise provided by this charter or any applicable State law.

(c) No member of any board, commission or authority shall assume office until he shall have executed and filed with the city clerk the oath as follows:

"I do solemnly swear that I will well and truly perform the duties of (name office) of the City of Young Harris and that I will support and defend the charter thereof."

(d) Any member of a board, commission or authority may be re moved from office for cause by a vote of four members of the council.

(e) Members of boards, commissions or authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance.

(f) The qualifications required of members of boards, commissions and authorities shall be as prescribed by the mayor and councilmen.

(g) Except as otherwise provided by this charter or by applicable State law, each board, commission or authority of the city government shall elect one of its members as chairman and one of its members as vice chairman for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission or authority of the city government may establish such bylaws, rules and regulations not inconsistent with this charter, ordinances of the city or applicable State law as it deems ap propriate and necessary for the conduct of its affairs, copies of which shall be filed with the city clerk.

Section 3.03. City Manager. The council may appoint a city man ager. The duties and authority of the city manager shall be prescribed by ordinance of the council and, in so doing, the council may specifically delegate to the city manager any of the administrative or budgetary duties of the mayor.

Section 3.04. City Attorney. The council shall appoint a city attor ney, together with such assistant city attorneys as may be authorized by ordinance, and shall provide for the payment of such attorney or at torneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; shall attend the meetings of the council as

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directed; shall advise the council, mayor and other officers and em ployees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney.

Section 3.05. City Clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council, to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by law or as the council may direct.

Section 3.06. City Tax Collector. The council may appoint a city tax collector to collect all taxes, licenses, fees and other monies belong ing to the city, subject to the provisions of this charter and the ordi nances of the city. The city tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale or foreclosure of taxes by municipalities.

Section 3.07. City Accountant. The council may appoint a city accountant to perform the duties of an accountant.

Section 3.08. Consolidation of Functions. The council may con solidate any two or more of the positions of city clerk, city tax col lector and city accountant or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions.

Section 3.09. Position Classification and Pay Plan. The council may prepare a position classification and pay plan. Said plans may apply to all employees of the City of Young Harris and to any of the city's agencies and offices. When a pay plan has been adopted, the council shall not increase or decrease the salaries of individual em ployees except by amendment of said pay plan.

Section 3.10. Personnel Policies. The council may adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave and other leaves of absence, overtime pay and the order and manner in which layoff shall be effected; and (4) such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Young Harris.

ARTICLE V
JUDICIAL BRANCH
Section 4.01. Creation of City Court of Young Harris. There is hereby established a court to be known as the City Court of the City of Young Harris. Said court shall have jurisdiction and authority to

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try offenses against the laws and ordinances of the City of Young Harris and to punish for violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance; to punish also any person who may counsel, advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; and to try all cases within the territorial limits of the city which under the laws of the State of Georgia are placed within the jurisdiction of police or municipal courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. The city court shall be presided over by the judge of said court.

Section 4.02. Judge, (a) The judge of the City Court of Young Harris shall be appointed by the council.

(b) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years. The judge shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council.

(c) Before entering on the duties of his office, the judge shall take an oath before the mayor that he will truly, honestly and faith fully discharge the duties of his office to the best of his ability without fear, favor or partiality. The oath shall be entered upon the minutes of the council.

Section 4.03. Convening. The city court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof.

Section 4.04. Jurisdiction; Power, (a) The City Court of Young Harris shall try and punish for crimes against the City of Young Harris and for violation of its ordinances. The court shall have the authority to punish those in its presence for contempt, provided that such punish ment shall not exceed $100.00 or 30 days in jail. The court may fix punishment for offenses within its jurisdiction not exceeding a fine of $200.00 or imprisonment for 60 days, or both, as an alternative to fine or imprisonment, may sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares or other public works for a period not exceeding 60 days.

(b) The-court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimburse ment for the cost of meals,, transportation and caretaking of prisoners bound over to superior courts for violations of State law.

(c) The court shall have authority to establish bail and recog nizances to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or per sonal or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and

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shall fail to appear at the time fixed for trial, his bond shall be forfeited
by the judge presiding at such time and an execution issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a de fendant at trial and the defendant fails to appear at the time and
place fixed for trial, the cash so deposited shall be on order of the judge forfeited to the City of Young Harris or the property so deposited shall have a lien against it for the value forfeited, which lien shall be en
forceable in the same manner and to the same extent as a lien for city property taxes.

(d) The court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated.

(e) The court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court.

(f) The court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas
and warrants which may be served as executed by any officer as autho rized by this charter or by State law.

(g) The court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Young Harris granted by State laws generally to mayor's, city, and police courts and par ticularly by such laws as to authorize the abatement of nuisances.

Section 4.05. Appeal. The right to appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Towns County from the City Court of Young Harris shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court; provided, however, that any person who fails to file his appeal within ten days of the date of his conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding.

Section 4.06. Rules for Court. With the approval of the council, the judge shall have the full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the court; provided, however, that the council may adopt in part or in toto the rules and regulations relative to the procedure and the operation of the superior courts under the general laws of the State of Georgia. The rules and regulations made or adopted for the court shall be filed with the city clerk and shall be available for public inspection. Upon request, a copy shall be fur nished to all defendants in city court proceedings at least 48 hours prior to said proceedings.

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ARTICLE V

ELECTIONS
Section 5.01. Regular Elections. The mayor and councilmen serv ing on the effective date of this Act shall serve out the remainder of their terms of office. On the first Tuesday in December there shall be an election of three councilmen to serve a term of office of two years. Each year the term of three councilmen shall expire and three shall be elected to take their places. The mayor shall be elected at the regular election held on the first Tuesday in December of even-numbered years. The term of office of the mayor and members of the council shall begin at the day and hour of the taking of the oath of office as provided in Article II, Section 2.11 of this charter.
Section 5.02. Qualifying, Nomination of Candidates, Absentee Bal lots. The council may by ordinance prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes and such other rules and regulations as may be necessary for the conduct of elections of the City of Young Harris.
Section 5.03. Applicability of General Laws. The procedures and requirements for election of all elected officials in the City of Young Harris as to primary, special or general elections shall be in accordance with the provisions of the Georgia Municipal Election Code, as now or hereafter amended.
Section 5.04. Special Elections, Vacancies. In the event that the office of mayor or councilman shall become vacant for any cause what soever, the council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, that if such vacancy occurs within six months of the expiration of the term of office, said vacancy in office shall be filled by appointment by the remaining members of the council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of the Georgia Municipal Election Code and this charter, as now or hereafter amended.

Section 5.05. Grounds for Removal of Elected Officials. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes:
(a) incompetence, misfeasance or malfeasance in office;
(b) conviction of a crime involving moral turpitude;

(c) failure at any time to possess any of the qualifications of office as provided by this charter or by law;

(d) abandonment of office or neglect to perform the duties thereof; or

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(e) failure for any other cause to perform the duties of office as required by this charter or by law.

Section 5.06. Procedure for Removal of Elected Officials. Removal of an elected official from office may be accomplished by one of the following methods:

(a) By action of a two-thirds' vote of the entire membership of the council; provided, however, that if the officer sought to be removed is a member of the council, he shall not vote. In the event an elected officer is sought to be removed by action of the council, such officer shall be entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right to appeal from the decision of the council to the Superior Court of Towns County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court.

(b) By information filed in the Superior Court of Towns County as provided by law.

ARTICLE VI
FINANCE AND FISCAL
Section 6.01. Property Taxes. All property subject to taxation for State or county purposes, assessed as of January 1 of each year, shall be subject to the property tax levied by the City of Young Harris. The council shall use the county assessment for the year in which the city taxes are to be levied and shall request the county to furnish appropri ate information for such purpose.
Section 6.02. Tax Levy. The council shall be authorized to levy an ad valorem tax on all real and personal property within the cor porate limits of the city for the purpose of raising revenues to defray the costs of operating the city government, providing governmental ser vices or for any other public purposes as determined by the council. The council is also authorized to provide for sufficient levy to pay prin cipal and interest on general obligations. The City of Young Harris is hereby exempted from the provisions of Georgia Code Sections 92-4101 through 92-4104 inclusive.
Section 6.03. Tax Due Dates and Tax Bills. The council shall provide by ordinance when the taxes of the city shall fall due, in what length of time said taxes may be paid, whether they may be paid in installments or in one lump sum and when, how and upon what terms such taxes shall be due and payable. The council may also authorize the voluntary payment of taxes prior to the time when due.
Section 6.04. Collection of Delinquent Taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa.

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issued by the city clerk or the city tax collector and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which the city property taxes are levied as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of federal, State or county taxes. In cases of hardships, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments or on other amounts due to the city.

Section 6.05. Licenses, Occupational Taxes, Excise Taxes. The council shall have full power to levy by ordinance such license and specific or occupation taxes upon the residents of the City of Young Harris both individual and corporate and on all those who transact business therein or who practice or offer to practice any profession or calling therein as the council may deem expedient for the public health, safety, benefit, convenience or advantage of the city; to classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; to make laws and regulations proper or necessary to carry out the powers herein conferred; and to pre scribe penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law.

Section 6.06. Sewer Service Charges. The council shall have the right, power and authority pursuant to ordinances adopted by the council to assess and collect fees, charges and tolls for sewer services rendered both within and without the corporate limits of the City of Young Harris to provide for the cost and expense of furnishing the collection and disposal of sewage through the sewerage facilities of the city. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes. Said lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes.

Section 6.07. Sanitary and Health Services Charge. The council shall have authority to provide for, enforce, levy and collect by ordi nance the cost of sanitary and health services necessary in the operation of the city from all individuals, firms and corporations residing in or doing business in the City of Young Harris and benefiting from such service. Such authority shall include the power to assess, levy and col lect annual or monthly sanitary taxes or fees in such amount or amounts, based upon and in accordance with such classification of property and sanitary service or services provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien againt the real estate in respect to which said taxes are so assessed and the owner or owners thereof. Said liens shall be superior to all other liens except for county and city property taxes and said lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes.

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Section 6.08. Special Assessments. The council shall have power and authority to assess against the abutting property owners all or part of the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers or other utility mains and appurtenances under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty (30) days after their due dates and shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent and shall thereafter be subject to interest at the rate of seven percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dig nity with liens for county and city property taxes. Said lien shall be enforceable in the same manner and under the same remedies as pro vided for in this Article for city property taxes.

Section 6.09. Transfer of Executions. The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer or other assessment in the same man ner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas.; provided, however, that upon levy of execution and sale of property pursuant to such tax fi. fas., whether assigned, transferred or executed by the city, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under State or county ad valorem tax fi. fas. as said requirements now exist or as may be here inafter provided by law.

Section 6.10. General Obligation Bonds. The council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken.

Section 6.11. Revenue Bonds. Revenue bonds may be issued by the council as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, and known as the Revenue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended, or as provided by any other Georgia laws as now or hereafter provided.

Section 6.12. Short-term Notes. Pursuant to applicable State law, the city may obtain temporary loans between January 1 and De cember 31 of each year.
Section 6.13. Fiscal Year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, institution, agency and activity of the city government unless otherwise provided by State or federal law.

Section 6.14. Preparation of Budgets. The council may provide

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by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement pro gram and a capital budget, including requirements as to the scope, content and form of such budgets and programs.

Section 6.15. Property Tax Levies. The council shall levy by ordi nance an annual tax on all real and personal property within the City of Young Harris. The tax rate set by such ordinance shall be such that reasonable estimates of revenues from such levy, together with other anticipated revenues, fund balances and applicable reserves, shall at least be sufficient to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defray ing the expenses of the general government of the City of Young Harris.

Section 6.16. Additional Appropriations. The council may make appropriations in addition to those contained in the current operating budget at any regular meeting or at a special meeting called for the purpose; provided, however, that any such additional appropriations may be made only from an existing unappropriated surplus in the funds to which it applies.

Section 6.17. Contracting Procedures. All contracts shall be made or authorized by the council and no contract shall bind the city unless reduced to writing and approved by the council.

Section 6.18. Centralized Purchasing, (a) The council may by ordinance prescribe procedures for a system of centralized purchasing for the City of Young Harris.

(b) The council may sell and convey any real or personal property owned or held by the City of Young Harris for governmental or other purposes at a public or private sale, with or without advertisement, for such consideration as the council shall deem equitable and just for the city.
(c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution by the council, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(d) Whenever in opening, widening or extending any street, avenue, alley or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or sep arated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and convey ances shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

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ARTICLE VII

GENERAL PROVISIONS

Section 7.01. Official Bonds. The officers and employees, both elected and appointed, of the City of Young Harris shall execute such official bonds in such amounts and upon such terms and conditions as the council may from time to time require.

Section 7.02. Penalties. The violation of any provisions of this charter for which penalty is not specifically provided herein is hereby declared to be a misdemeanor and punishable by a fine of not more than $200.00 or by imprisonment not to exceed sixty (60) days, or both.

Section 7.03. Specific Repealer. An Act granting a new charter to the City of Young Harris, approved March 17, 1960 (Ga. Laws 1960, p. 2523), as amended, is hereby repealed in its entirety.

Section 7.04. Repealer. 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 by substitute, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 277. By Representative Adams of the 36th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb creating a new Charter for such city and for other purposes, as amended, so as to change the provisions relating to qualifications of Council members, the President of the Council and the Mayor.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 903. By Representatives Gignilliat of the 122nd, Battle of the 124th, Scott of the 123rd and Hill of the 127th:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to extend the corporate limits of the City of Savannah; to provide for a referendum; to provide for severability.

The report 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 1418. By Representatives McKinney of the 35th, Glover of the 32nd and Dean of the 29th: A bill to amend an Act providing that cities having a population of more than 150,000, according to the United States Census of 1920, or any subsequent such census, shall furnish pensions to officers and employees of such cities so as to provide for the recomputation of pensions for certain retired officers and employees.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1437. By Representative Greer of the 43rd: A bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County so as to change the requirements for re ceiving a spouse's pension under said Act.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

HB 1474. By Representative Bolster of the 30th:
A bill to amend an Act providing that certain cities shall furnish retire ment benefits to officers and employees of such cities so as to require annual actuarial investigations and reports; to provide for the practices and procedures in connection therewith.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1475. By Representative Bolster of the 30th:
A bill to amend an Act providing a system of pensions and other benefits for members of paid fire departments of certain cities so as to require annual actuarial investigations and reports.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1476. By Representative Bolster of the 30th:
A bill to amend an Act providing for pensions for members of police departments in certain cities so as to require annual actuarial investi gations and reports.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1611. By Representative Games of the 43rd:
A bill to amend an Act creating a Civil Service Board in Fulton County so as to make different provisions relative to the payments to members of the Board.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1612. By Representative Games of the 43rd:
A bill to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit so as to change the salary range of the assistant district attorneys of the Atlanta Judicial Circuit.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1702. By Representatives Deveaux of the 28th, Irvin of the 23rd and Adams of the 36th: A bill to amend Code Chapter 34-14, relative to absentee voting, so as to provide that in all counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census, any branch of the county courthouse or courthouse annex established within any such county shall be an additional regis trar's office or place of registration for the purpose of receiving and voting 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, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1800. By Representatives Triplett of the 128th and Chance of the 129th:
A bill to amend an Act creating a new charter for the municipality of Garden City so as to extend the present corporate limits of said municipality; to provide for purchase or condemnation of sewer facilities and water systems.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1881. By Representatives Smith of the 42nd, and Horton and Games of the 43rd:
A bill to amend an Act establishing a new charter for the City of Pal metto so as to change the provisions relating to councilmen, their quali fications, and terms of office; to change the provisions relating to time for holding regular 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 1891. By Representatives Carlisle and Mostiler of the 71st:
A bill to repeal an Act to provide for the reimbursement of expenses of the members of the governing authority of each county in this State having a population of not less than 35,000 nor more than 44,000 ac cording 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.

HB 2023. By Representative Adams of the 79th:
A bill to levy and impose a sales and use tax of one percent, in addition to all other taxes of every kind now imposed by law, on all items, uses, and transactions subject to the provisions of the Georgia Retailers' and Consumers' Sales and Use Tax Act that occur in the County of Upson.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2025. 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 so as to change the provisions rela tive to the compensation of the deputy 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 2026. 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 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 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2030. By Representative Ross of the 76th:
A bill to amend an Act providing for the compensation of the Judge of the Probate Court of Warren County so as to change the provisions relating to the compensation of clerical help for 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 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 2039. By Representatives Taggart of the 125th, Hill of the 127th, Battle of the 124th and others:
A bill to amend an Act creating the Chatham County Water and Sewer Authority so as to change the numbers of members of said Chatham County Water and Sewer Authority and provide that one member must be a member of the Chatham County Commissioners and Ex Officio Judges thereof, the governing authority 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 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2057. By Representatives Cooper, Wilson and Kaley of the 19th and others:
A bill to amend an Act creating the Board of Commissioners of Paulding County so as to change the provisions relating to the compensation of the Chairman and other Commissioners; to provide for an annual local expense allowance for the Commissioners.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2058. 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 Columbus and County of Muscogee so as to change the compensation of the judge of said court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 2069. By Representatives Tuten of the 153rd and Auten of the 154th:
A bill to amend an Act amending the charter of the City of Brunswick so as to change the residency requirements of the recorder of the police 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 2077. By Representatives Hutchinson of the 133rd, Hatcher of the 131st, White of the 132nd and McCollum of the 134th: A bill to amend the Charter of the City of Albany, so as to add to the corporate limits of the City of Albany.
The report 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 1913. By Representative Collins of the 144th:
A bill to amend an Act creating a Small Claims Court in each county of the State having a population of not less than 18,358 and not more than 19,148 according to the United States Census of 1970, so as to change the jurisdictional amount of the court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 793. By Representatives Johnson and Glanton of the 66th: A resolution creating the Sand Hill Study Committee.

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The report of the committee, which was favorable to the adoption of the reso lution, was agreed to.

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Ballard Banks Barker Barnes Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher

Foster Gillis Hill Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson
Russell Scott Shapard Starr Stephens Sutton Thompson Timmons Turner Walker Wessels

Those not answering to their names were Senators:

Bell (excused conferee) Bond Brantley English

Evans Greene Holloway Stumbaugh (excused conferee)

Summers Tate Traylor Tysinger

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 were read and adopted:

SR 401. By Senator Holloway of the 12th: A resolution commending Dr. Joe Snitzer.

SR 402. By Senator McGill of the 24th: A resolution commending Mrs. Sara Lance.

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SR 403. By Senators Johnson of the 34th, Doss of the 52nd and Coverdell of the 40th:
A resolution commending Freddy Weller.

SR 404. By Senators Wessels of the 2nd and Riley of the 1st: A resolution commending Mr. Nicholas S. Kenny, Jr.

SR 405. By Senators Timmons of the llth, Russell of the 10th, Barnes of the 33rd and others:
A resolution commending Honorable Joe Edwards.

SR 406. By Senators Hudgins of the 15th, Wessels of the 2nd, Traylor of the 3rd and others:
A resolution expressing sympathy at the passing of Pinkie Masters.

SR 407. By Senator Doss of the 52nd: A resolution commending Romeo Diprima.

SR 408. By Senators Tate of the 38th, Bond of the 39th, Evans of the 37th and others:
A resolution commending Honorable Bill Scott.

SR 409. By Senator Eldridge of the 7th:
A resolution commending the Waycross "Bulldogs", State Class AA Football Champions.

SR 410. By Senator Kidd of the 25th:
A resolution urging the adoption of a railroad safety inspection program in the State of Georgia.

The following resolutions of the Senate and House, favorably reported by the committees, were read and adopted:

SR 340. By Senators Banks of the 17th, Sutton of the 9th, Walker of the 19th and others:
A resolution relative to the fuel economy standards for 1980-81 light trucks, vans and utility vehicles as proposed by the National Highway Traffic Safety Association (N.H.T.S.A.).

SR 375. By Senators Foster of the 50th, Overby of the 49th and Hudgins of the 15th:
A resolution relative to a planning program for water resources.

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SR 387. By Senators McGill of the 24th and Gillis of the 20th:
A resolution urging the Congress to appropriate certain funds in support of the Southeastern Cooperative Wildlife Disease Study.

SR 395. By Senators Robinson of the 27th and Barker of the 18th:
A resolution requesting the Department of Public Safety to conduct a study of motor vehicle inspections.

HR 838. By Representatives Smith of the 42nd, Reaves of the 147th, Battle of the 124th and others:
A resolution relative to exploration for oil and natural gas on the Outer Continental Shelf.

Pursuant to a motion adopted on March 6, the President announced the appointment of a Conference Committee on the following bill of the Senate:

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 pro vide for procedures, requirements and other matters relative thereto; to provide for certain penalties in connection therewith.

The Conferees appointed were:

Senators Thompson of the 32nd, Coverdell of the 40th and Pearce of the 16th.

The following bill of the Senate, having been postponed on March 6 in order that the amendments could be printed, was taken up for the purpose of considering the House action thereto:

SB 501. By Senators Hudgins of the 15th, Evans of the 37th, Johnson of the 34th and others:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as to change the provisions regarding creation of juvenile courts; to provide for judges; to provide for their compensation, terms of office, appointment and reappointment; to provide for seminars.

The House amendments were as follows: Amendment No. 1: Amend SB 501 as follows: By striking the word "same" on Page 2, line 11, and inserting in

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lieu thereof the words "rate of 75% of the" between the word "the"
on line 11 and the word "salary" on line 12 by striking the numeral "two" on Page 2, line 23 and inserting in lieu thereof the numeral "4".

Line 29 strike the language "the Judges of the Superior Courts" starting on Page 2, line 29, and inserting in lieu thereof "full time judges of the Juvenile Courts as set forth in this Act:".

Strike all of Section 2, commencing on Page 3, all of Page 4 and ending on line 15, Page 5 and inserting in lieu of a new section as follows:

Section 2. Code Chapter 24A-2, relating to creation of juvenile courts, as amended, is hereby amended by adding at the end thereof a new Code Section 24A-202, to read as follows:

"24A-202. Terms of office, selection of judges.
(a) The terms of office of all juvenile court judges who are in office on June 30, 1979, shall end at 11:59 p.m. on June 30, 1979.
(b) On or before July 1, 1979, there shall be appointed one or more judges of the juvenile courts of the various counties of this State as provided in this Code Title. The judges so appointed shall take office on July 1, 1979, for a term of office expiring on January 1, 1983. Successors to such judges shall be elected at the general election immediately preceding the expiration of a term of office for a term of office of four years each and until their respective suc cessors are duly elected and qualified.
(c) In the event of a vacancy in the office of judge of a juvenile court, such vacancy shall be filled by appointment of a duly qualified person to serve for the remainder of the unexpired term of office as provided in subsection (d) of this Section.
(d) Those persons to be initially appointed as juvenile court judges under the provisions of subsection (b) of this Section and any person appointed to fill a vacancy as provided in subsection (c) of this Section shall be appointed by the Governor from a list of three nominees submitted to him by the judges of the superior courts in the judicial circuit in which the juvenile court is located."
Alter caption on Page 1, line 5 by striking the word "reappointment" and inserting in lieu thereof the word "election."
Amendment No. 2:
Amend SB 501 by substituting the term "1980" for the term "1979" wherever it appears in the bill and committee amendment and by sub stituting the term "1981" for the term "1980" wherever it appears in the bill.

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Amendment No. 3:

Amend SB 501 by adding a new Section "H" on Page 3 as follows:

"Each county shall have the option to provide a part time judge when said judge is compensated by that county."

Amendment No. 4:

Amend SB 501 by adding the following language to Section 1 after the words "and manner as the judges of the superior courts" in para graph b (2) of 24A-201, Page 2, line 15:

"providing, however, that the salary, pension, retirement and insurance benefits of full-time judgeships for circuits created under this Act shall not be less than that salary currently authorized for full time judgeships of any juvenile court currently existing within that circuit."

Senator Hudgins of the 15th moved that the Senate recede from its disagree ment to the House amendments to SB 501 and agree to House Amendments No. 2, 3 and 4 and agree to House Amendment No. 1 as amended by the following amendment:
Amend House Amendment No. 1 to SB 501 as follows:
By striking said amendment in its entirety and inserting in lieu thereof a new amendment to read as follows:
"By striking the word 'same' on Page 2, line 11, and inserting in lieu thereof the words 'rate of 85% of the' between the word 'the' on line 11 and the word 'salary' on line 12.
By striking the numeral 'two' on Page 2, line 23, and inserting in lieu thereof the numeral '4'.
By striking the language 'the Judges of the Superior Courts' starting on Page 2, line 29, and inserting in lieu thereof 'full time judges of the Juvenile Courts as set forth in this Act:'.
By striking all of Section 2, commencing on Page 3, all of page 4 and ending on line 15, Page 5, and inserting in lieu thereof a new Section as follows:
'Section 2. Code Chapter 24A-2, relating to creation of juvenile courts, as amended, is hereby amended by adding at the end thereof a new Code Section 24A-202, to read as follows:
"24A-202. Terms of office, selection of judges, (a) The terms of office of all juvenile court judges who are in office on June 30, 1980, shall end at 11:59 p.m. on June 30, 1980.

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(b) On or before January 1, 1980, there shall be appointed one or more judges of the juvenile courts of the various counties of this State as provided in this Code Title. The judges so appointed shall take office on July 1, 1980, for a term of office expiring on January 1, 1983. Successors to such judges shall be appointed in the same manner immediately preceding the expiration of a term of office for a term of office of six years each and until their re spective successors are duly appointed and qualified.
(c) In the event of a vacancy in the office of judge of a juvenile court, such vacancy shall be filled by appointment of a duly qualified person to serve for the remainder of the unexpired term of office as provided in subsection (d) of this Section.
(d) Those persons to be initially appointed as juvenile court judges under the provisions of subsection (b) of this Section and any person appointed to fill a vacancy as provided in subsection (c) of this Section shall be appointed by the judges of the superior courts in the judicial circuit in which the juvenile court is located."'
By adding the following language to Section 1 after the words 'and manner as the judges of the superior courts' in paragraph (b) (2) of 24A-201:

'providing, however, that the salary, pension, retirement and insurance benefits of full-time judgeships for circuits created under this Act shall not be less than that salary, pension, retirement and insurance benefits currently authorized for full-time judgeships of any juvenile court currently existing within that circuit.'

By adding at the end of Section 6 the following:

', except that the provisions of this Act necessary for the ap pointment of judges shall become effective on January 1, 1980'."

On the motion offered by Senator Hudgins of the 15th, said motion having been postponed previously in order that the amendments might be printed, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barnes Bell Brantley Carter Coverdell Dean of 6th Dean of 31st

Evans Howard Hudgins Hudson Johnson Kidd Lester Pearce

Russell Scott Starr Stephens Stumbaugh Tysinger Wessels

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JOURNAL OP THE SENATE,

Those voting in the negative were Senators:

Allgood Ballard Barker Bond Brown of 47th Doss Duncan Eldridge Fincher Foster

Gillis Greene Hill Holloway Kennedy Langford McGill Overby Paulk Reynolds

Shapard Summers Button Tate Thompson Timmons Traylor Turner Walker

Those not voting were Senators:

Broun of 6th English

Riley

Robinson (excused conferee)

On the motion, the yeas were 23, nays 29; the motion was lost, and the Senate did not agree to House Amendments No. 2, 3 and 4 and House Amendment No. 1 as
amended by the amendment offered by Senator Hudgins of the 15th:

Senator Hudgins of the 15th moved that the Senate recede from its disagree ment to House Amendments No. 1, 2, 3 and 4 and agree to House Amendments No. 1, 2, 3 and 4.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barnes Bell Brantley Carter
Dean of 6th Howard

Hudgins Hudson Johnson Kidd Lester
Pearce Riley

Russell Scott Shapard Starr Stephens
Tysinger Wessels

Those voting in the negative were Senators:

Allgood Ballard Barker Bond
Broun of 46th Brown of 47th Coverdell Dean of 31st Doss Duncan Eldridge

Evans Fincher Foster Gillis
Greene Hill Holloway Kennedy Langford McGill Overby

Paulk Reynolds Stumbaugh Summers
Sutton Tate Thompson Timmons Traylor Turner Walker

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3125

Not voting were Senators English and Robinson (excused conferee).

On the motion, the yeas were 21, nays 33; the motion was lost, and the Senate did not recede from its disagreement and agree to House Amendments No. 1, 2, 3 and 4.

Senator Ballard of the 45th moved that the Senate adhere to its disagreement
to the House amendments to SB 501, and that a Conference Committee be ap pointed.

On the motion, the yeas were 36, nays 3'; the motion prevailed, and the Senate adhered to its disagreement to the House amendments to SB 501.

The following resolution of the Senate was taken up for the purpose of considering the House action thereto:

SR 289. By Senator Dean of the 6th:
A resolution proposing an amendment to the Constitution, so as to pro vide for periodic adjustment of the amount of personal exemptions under the Georgia Income Tax Law (Code Chapter 92-31) based upon cost-of-living factors; to provide for the submission of this amendment for ratification or rejection.

The House substitute to SR 289 was as follows:
A RESOLUTION
Proposing an amendment to the Constitution so as to levy a special one percent (1%) retail sales and use tax for educational purposes; to provide for distribution of the proceeds of such tax; to provide for administrative costs of this tax; to provide for a reduction in the annual school tax millage on certain classes of property; to provide for all other matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section VII of the Constitution is hereby amended by adding two new paragraphs at the end thereof, to be designated Paragraph III and Paragraph IV respectively, to read as follows:
"Paragraph III. Special State Sales and Use Tax for Educa tion, (a) There is hereby levied beginning January 1, 1979, a special retail sales and use tax for educational purposes at the rate of one percent (1%). The tax imposed by this Paragraph shall correspond, so far as practicable, except as to rate, with the retail sales and

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use tax levied by the Georgia Retailers' and Consumers' Sales and Use Tax, approved February 20, 1951 (Ga. Laws 1951, p. 360), as now or hereafter amended. The General Assembly may provide by law a bracketing system for the collection of the tax levied by this Paragraph. Items and transactions which are not subject to said retail sales and use tax shall not be subject to the one percent (1%) retail sales and use tax levied by this Paragraph.

(b) (1) Notwithstanding the provisions of Article III, Section X, Paragraph VII, an amount equal to all money received by the State in each State fiscal year from the tax levied by this Paragraph, less the amount of refunds, rebates, collection costs, and administra tive costs authorized by this Section or by law, is appropriated to the State Department of Education, or its successor agency, for each following State fiscal year.

(2) (A) An amount of the funds appropriated to the State Department of Education by this Paragraph in each year shall be allocated to each public school system in this State in the same ratio as the ratio of the total enrollment of the public and nonpublic schools in the school district bears to the total enrollment of public and accredited nonpublic schools in the State as a whole.

For the purposes of this paragraph, a nonpublic school is 'accredited' if the school is an exempt organization pursuant to Section 501 (c) (3) of the United States Internal Revenue Code of 1954, as amended, or its successor provision of the United States Internal Revenue Code.

(B) As used in this subparagraph, 'public and nonpublic schools' does not include postsecondary schools, colleges, or institu tions.

(3) The money appropriated by this Paragraph shall be used for educational purposes and shall be available for the purposes of this Paragraph regardless of whether the General Assembly enacts a General Appropriations Act or not, but the General Assembly may appropriate funds for the purposes of this Paragraph in excess of the amount of money appropriated by this Paragraph. The ex penditure of the money appropriated by this Paragraph shall be subject to all the rules, regulations, and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this State, unless such provisions are in conflict with the provisions of this Paragraph, except that the money appropriated by this Paragraph shall not be subject to budgetary reduction.

(c) One percent (1%) of all money derived from the retail sales and use tax levied in this Paragraph shall be paid into the general fund of the State Treasury to defray the costs of the administration of the tax levied by this Paragraph.

(d) The General Assembly may provide by law for the reten tion in the State Treasury of funds which otherwise would be distributed to a school district pursuant to this Paragraph when

TUESDAY, MARCH 7, 1978

3127

the funds are deemed to be surplus and in excess of the legitimate expenses of the school district for educational purposes in that fiscal year. The identification and use of such funds shall be determined as provided by law.
Paragraph IV. Reduction of millage: benefit of sales tax to be shown on tax bill, (a) Beginning January 1, 1980, the annual school tax mill rate for each school district on property owned by taxpayers other than taxpayers required to return their property for ad valorem taxation to the State Revenue Commissioner or his successor shall be adjusted as provided in this Paragraph.

(b) The mill rate necessary to produce revenue from taxation of tangible property in the school district which, when combined with other revenues reasonably expected to be received by the school district during the year other than revenues derived from the tax imposed pursuant to this Section, would provide revenues suf ficient to defray the expenses of the school district for the year shall be computed.
(c) The mill rate ascertained as provided in subparagraph (b) shall then be reduced by a mill rate which, if levied against the tangible property within the school district owned by taxpayers other than taxpayers required to return their property for ad valorem taxation to the State Revenue Commissioner or his suc cessor, would produce an amount equal to the proceeds of the tax levied under this Section which were received by the school district during the preceding year. The mill rate produced by such reduc tion shall then be certified to the authority levying the tax as the annual school tax levy for the school district for property owned by taxpayers other than taxpayers required to return their property for ad valorem taxation to the State Revenue Commissioner or his successor, except that the mill rate so certified to the authority levy ing the tax shall not exceed a mill rate which is the difference between the lawful mill rate limitation in effect in the school district and the mill rate representing the proceeds of the sales tax for educational purposes received by the school district during the previous year.

(d) The mill rate ascertained as provided in subparagraph (b), without the reduction provided in subparagraph (c), shall be certified to the authority levying the tax as the annual school tax levy for the school district for property owned by taxpayers required to return their property for ad valorem taxation to the State Revenue Commissioner or his successor.

(e) Each bill for ad valorem school taxes on property owned by taxpayers other than taxpayers required to return their property for ad valorem taxation to the State Revenue Commissioner or his successor shall show as a credit against school taxes, which other wise would have been levied in the district on such property to enable the district to raise the total of its revenues from the school tax and the sales tax for educational purposes, the amount of benefit to the taxpayer as a result of the sales tax levied by Paragraph III of this Section."

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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 levy of a special one percent
( ) NO (1%) retail sales and use tax for an ad valorem tax credit at the local level for educational pur poses?"

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 Dean of the 6th moved that the Senate disagree to the House sub stitute to SR 289.

Senator Kennedy of the 4th moved that the Senate agree to the House substitute to SR 289.

The President ruled that the motion to agree takes precedence over the motion to disagree.

On the motion offered by Senator Kennedy of the 4th, Senator Kennedy of the 4th 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 Barnes Brown of 47th Dean of 31st Doss Pincher Foster

Gillis Hill Kennedy, Langford McGill Overby Paulk Russell

Starr Summers Sutton Thompson Timmons Traylor Turner Walker

Those voting in the negative were Senators:

Allgood Barker Bell

Bond Brantley Broun of 46th

Carter Coverdell Dean of 6th

Duncan Eldridge Evans Greene Holloway Howard Hudgins

TUESDAY, MARCH 7, 1978

3129

Hudson Johnson Kidd Lester Pearce Reynolds Riley

Robinson Scott Shapard Stephens Stumbaugh Tysinger Wessels

Not voting were Senators English and Tate.

On the motion, the yeas were 24, nays 30; the motion was lost, and the Senate did not agree to the House substitute to SR 289.

On the motion offered by Senator Dean of the 6th, 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:

Allgood Banks Barker Barnes Bell Bond Brantley
Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Evans Fincher

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 Traylor Turner Tysinger Walker
Wessels

Those voting in the negative were Senators:

Ballard Brown of 47th

Foster

Hudson

Not voting was Senator English.

On the motion, the yeas were 51, nays 4; the motion prevailed, and the Senate disagreed to the House substitute to SR 289.

The following bills and resolution of the Senate were taken up for the purpose of considering the House action thereto:

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JOURNAL OP THE SENATE,

SB 408. By Senators Evans of the 37th, English of the 21st, Allgood of the 22nd and others:
A bill to prohibit sexual exploitation of children; to provide definitions; to provide that it is unlawful for any persons to take certain actions related to procuring for use or using certain minors for the purpose of depicting sexually explicit conduct in any visual or print medium; to provide that it is unlawful for the parent or person having custody of a child to take certain actions respecting sexual exploitation of the child; to provide penalties.

Senator Evans of the 37th moved that the Senate adhere to its disagreement to the House amendments to SB 408, and that a Conference Committee be ap pointed.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendments to SB 408.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Evans of the 37th, Stephens of the 36th and Greene of the 26th.

SB 467. By Senators Evans of the 37th, Coverdell of the 40th, Doss of the 52nd and others:
A bill to amend Code Section 56-704, defining unfair methods of com petition and unfair or deceptive acts or practices, so as to include in the definition of unfair discrimination certain discrimination relating to property insurance; to provide for private causes of action and attorney's fees; to provide an effective date.

The House substitute to SB 467 was as follows:
A BILL
To be entitled an Act to amend Code Section 56-704 and Code Section 56-705, defining unfair methods of competition and unfair or deceptive acts or practices and defining powers of the Commissioner, so as to include in the definition of unfair discrimination certain discrimination relating to property insurance; to provide for additional powers of the Insurance Commissioner; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 56-704, defining unfair methods of competi tion and unfair or deceptive acts or practices, is hereby amended by adding after subparagraph (b) of subsection (7) the following:

TUESDAY, MARCH 7, 1978

3131

"(c) Making or permitting any unfair discrimination in the issuance, renewal, or cancellation of any policy or contract of insurance against direct loss to residential property and the contents thereof, or in the amount of premium, policy fees, or rates charged for such policies or contracts when such discrimination is based solely upon the age or geographical location of such property within a rated fire district without regard to objective loss experience relating thereto."

Section 2. Code Section 56-705, defining powers of the Commis sion relative to unfair trade practices, is hereby amended by adding at the end of said Section the following:

"In addition to any other authority granted to the Commissioner by this Title and in addition to those reports required by Code Section 56-319, the Commissioner may require persons engaged in the business of insurance in this State to file reports by postal ZIP Code, where appropriate, or in any other format to enable the Commissioner to readily determine if such person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by this Chapter."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Evans of the 37th moved that the Senate agree to the House substitute to SB 467.

On the motion, 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 Foster Gillis Greene Hill Howard Hudgins 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

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JOURNAL OF THE SENATE,

Those not voting were Senators:

English Fincher Holloway

Hudson Stephens (excused conferee)

Wessels

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 467.

SB 499. By Senator Gillis of the 20th:
A bill to amend an Act providing for the compensation and allowances of certain State officials, so as to provide for a change in the compensa tion and allowances of certain State officials; to provide for matters relative to the foregoing; to provide an effective date.

The House amendment was as follows:
Amend SB 499 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 April 1,1979."

Senator Broun of the 46th moved that the Senate agree to the House amend ment to SB 499.

On the motion, 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 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
Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Dean of 6th Duncan

English Fincher

Hudson

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3133

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 499.

SB 405. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend Code Chapter 79A-2, relating to the State Board of Pharmacy, so as to provide for an additional member of the board; to provide the procedures connected therewith; to provide an effective date.

The House amendments were as follows:

Amendment No. 1:
Amend SB 405 as follows:
By inserting on line 3 of Page 1, immediately after "board;", the following:
"to provide for examinations;".
By inserting a new Section ........ to read as follows, and by redesignating the other Sections accordingly:
"Section ......... Code Chapter 79-4, relating to pharmacists, is hereby amended by adding, between Code Sections 79A-401 and 79A-402, a new Code Section 79A-401.1 to read as follows:
'79A-401.1. Number and time of examinations, (a) The Board shall give complete examinations, including both the theoretical and the practical portions, at least three times a year.
(b) These examinations shall be given in January, June, and September. If the national examination prepared and graded under the direction of the National Association of Boards of Pharmacy Licensing Examination is not available during one or more of the above months, the Board may schedule the examination for a date when the national examination is available that is as near as possible to the above months.
(c) The Board may, by appropriate rule or regulation, provide for additional examinations and the time thereof.'"

Amendment No. 2: Amend SB 405 as follows: By adding on line 3 of Page 1 after the following: "board",

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JOURNAL OP THE SENATE,

the following:

"and to provide for the vote of such member; to change the com pensation of the members of the board".

By striking from lines 17, 18, and 19 of Page 1 the following:

"but shall have a recognized interest in consumer affairs and in consumer protection concerns".

By adding on line 19 of Page 1 after the following:

"concerns.",

the following:

"Such additional member may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of pharmacists for licensing in this State."

By striking on line 20 of Page 1 the following:

"known pharmacist",

and inserting in lieu thereof the following:

"consumer".

By adding between lines 23 and 24 of Page 1 the following:

"Section 2. Said Code Chapter is further amended by striking from Code Section 79A-206 the following:

'$25.00 per day',

and inserting in lieu thereof the following:

'$44.00 per day',

so that when so amended, said Code Section shall read as follows:

'79A-206. The members of said Board of Pharmacy shall receive, as their compensation, the sum of $44.00 per day while in the actual performance of their duties as members of the said Board and, in addition, shall receive their actual traveling expenses while in performance of their duties on said Board, such compensation to be paid out of the funds received by the Joint Secretary, State Examining Boards, under the provisions of this Title and in ac cordance with the provision of Chapter 84-1 of the Code of Georgia.' "

TUESDAY, MARCH 7, 1978

3135

By striking from line 24 of Page 1 the following:

"Section 2.",

and inserting in lieu thereof the following:

"Section 3."

Senator Starr of the 44th moved that the Senate agree to the House amend ments to SB 405.

On the motion, 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 6th Dean of 31st Doss Eldridge

Foster Greene Hill Holloway Howard Johnson Kennedy Kidd Langford Lester McGill Overby Pearce Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes

Paulk

Thompson

Those not voting were Senators:

Duncan English Evans (excused conferee)

Fincher Gillis Hudgins Hudson

Reynolds (excusd conferee) Riley Weasels

On the motion, the yeas were 43, nays 3; the motion prevailed, and the Senate agreed to the House amendments to SB 405.

SR 351. By Senator Hudson of the 35th:
A resolution proposing an amendment to the Constitution, so as to provide that the General Assembly shall have the power by general, local or special law applicable to any county of this State having

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JOURNAL OF THE SENATE,

a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census to provide for the assessment of property in any such county or municipality by a board of assessors; to provide for the submission of this amendment for ratification or rejec tion.

The House amendment was as follows:
Amend SR 351 as follows:
On Page 2 after line 30, add subsection (f) to read as follows:
"Nothing in this amendment should be construed to apply to corporations and persons now required by law to return their prop erty to state revenue commission 'formerly the comptroller general' for ad valorem taxation."

Senator Coverdell of the 40th moved that the Senate agree to the House amendment to SR 351.

On the motion, 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 Doss Eldridge Evans 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 Timmons Traylor Turner Tysinger Walker

Those not voting were Senators:

Ballard (excused conferee) Dean of 31st Duncan

English Fincher
Hudgins

McGill Riley Wessels

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 351.

TUESDAY, MARCH 7, 1978

3137

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

SB 647. By Senator Bell of the 5th: A bill to amend an Act establishing districts in DeKalb County from which the members of the county board of education shall be elected, so as to change the compensation of the members of the board of education.
SB 648. By Senator Bell of the 5th:
A bill to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, so as to change the provisions relative to school board districts.
The House has adopted, by substitute, by the requisite constitutional majority the following resolution of the Senate:
SR 263. By Senators Hill of the 29th, Carter of the 14th, Kennedy of the 4th and others:
A resolution designating a portion of the highway system in this State as the "Presidential Route."
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:
SB 445. By Senators Johnson of the 34th, Barnes of the 33rd and Allgood of the 22nd:
A bill to amend an Act to comprehensively and exhaustively revise, supersede, and modernize appellate and other posttrial procedure in civil and criminal cases, as amended, so as to provide that the notice of appeal shall not serve as a supersedeas in child custody and habeus corpus cases; to provide an effective date.

The House insists on its position in disagreeing to the Senate amendments, 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 1320. By Representative Burruss of the 21st:
A bill to amend Code Title 45, known as the "Game and Fish Code", so as to change the provisions relative to legal weapons for hunting wildlife.

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JOURNAL OF THE SENATE,

The Speaker has appointed on the part of the House the following members thereof:

Representatives Burruss of the 21st, Rainey of the 135th and Ham of the 80th.

The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following resolution of the House:

HR 436. By Representatives Johnston, Tolbert and Butler of the 56th, and others:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of his spouse and all other members of his family who reside at and occupy his homestead, does not exceed $8,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence; to provide for the submission of this amendment for ratification or rejection.

The Speaker has appointed on the part of the House the following members thereof: Representatives Johnson of the 56th, Robinson of the 58th and Lenderman of the 53rd.

The House has disagreed to the Senate amendments to the House substitute on the following bill of the Senate:

SB 73. By Senators Stumbaugh of the 55th, Johnson of the 34th and Sutton of the 9th:
A bill to require State officials and employees to submit itemized expense accounts in order to be reimbursed for expenses; to provide for the contents of such expense accounts; to require supporting docu mentation for expenses claimed; to provide for exceptions.

The House has appointed a Committee of Conference on the following bill of the House:

HB 1427. By Representatives Hawkins of the 50th, Horton of the 43rd, and Taggart of the 125th:
A bill to amend the Code of Georgia of 1933 so as to provide for an arbitration title; to provide for a short title ("Georgia Arbitration Code"); to provide for the effect of agreements to submit to arbitration controversies, existing or thereafter arising; to provide for applications to the court, venue, and service of papers.

TUESDAY, MARCH 7, 1978

3139

The Speaker has appointed on the part of the House the following members thereof: Representatives Hawkins of the 50th, Walker of the 115th and Evans of the 83rd.

The House has appointed a Committee of Conference on the following bill of the House:

HB 1711. By Representatives Daugherty of the 33rd, Hamilton of the 31st, Lambert of the 112th and others:
A bill to safeguard individuals within the State of Georgia from discrimination in public employment because of race, color, religion, national origin, sex, handicap and age with respect to employment.

The Speaker has appointed on the part of the House the following members thereof: Representatives Thompson of the 93rd, Daugherty of the 33rd and Lambert of the 112th.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 531. By Senator Scott of the 43rd:
A bill to amend Code Chapter 56-31, relating to group and blanket accident and sickness insurance, as amended, so as to provide that no insurer authorized to write accident and sickness insurance in this State shall issue any group accident and sickness insurance policy to any employer to replace any existing policy of group accident and sickness insurance which such employer then has in effect or has had in effect during the preceding six months unless such group accident and sickness insurance policy provides for the payment of benefits for preexisting ill nesses or conditions for which benefits would have been payable under such previous policy.

The House has adopted, by substitute, by the requisite constitutional majority the following resolution of the Senate:

SR 252. By Senators Foster of the 50th, Overby of the 49th and Brown of the 47th:
A resolution designating the lodge and conference center at Unicoi State Park as "The Amilee C. Graves Conference Center".

SENATE RULES CALENDAR
Tuesday, March 7, 1978
HB 304. District Attorney Emeritus Retirement Fund--survivor's benefits (SUB) (AMs)

3140

JOURNAL OF THE SENATE,

HB 1014. Insurance Code--sale of variable life insurance HB 1387. Emergency Service at Scene of Accident--relief from liability
HR 532. Innocent Victims of Crime--compensation HB 279. Discrimination in Housing--prohibit
HB 1648. Transporting Garbage across State, County Boundaries--govern ing authority give permission (SUB)
HB 1324. Administrative Procedure Act--notice for adoption, repeal of rules (SUB)
HB 1838. Appointment of Guardian for Insane--full and fair hearings and notice
HB 1924. Morgan County Alcoholic Beverage Sale--approve on premises (SUB)
HB 1458. Peace Officer Standards and Training Council--professional certificates
HB 2066. Laurens County--alcoholic beverage sale on premises certain clubs HB 1815. Code Chapter on Architects--include regional, urban planners HB 543. Distress Warrants--mobile homes included/property of tenants
subject to (SUB) HR 30. Intangible Property Tax--payment under $5 exempt HB 458. Civil Defense Act--marine rescue squadron HR 656. Death of Policeman, Fireman, Prison Guard Killed in line of
Duty--funds. HR 459. Building Administrative Board--change termination date (SUB) HB 1905. Ambulance Service Regulation--certain emergency vehicle exempt HB 1461. Applied Psychologist--conditions for license renewal
HB 1665. State-Supported Military College Tuition Grants--increase amount
HB 1428. Speech Pathology and Audiology--appointment as Board members
HB 1840. Residential Finance Agency--proportions of units financed by agency
HB 1628. Hospital Liens--extend time for filing
HB 1477. Constables--fees for service of summons
HB 575. License to Carry Pistol--two sets of fingerprints of applicant
HB 1791. Bingo Games without License--committing certain acts relative to commercial gambling
HB 1858. Moped--exempt from motor vehicle registration and licensure provisions
HB 1572. Board of Occupational Therapy--review, termination, repeal date

TUESDAY, MARCH 7, 1978

3141

HB 1569. Dentist License Suspension--civil, criminal immunity for certain persons
HB 1807. Medical Assistance Department--seek reimbursement for medical assistance to person
HB 1640. Electronic Means of Selecting Juror--provide for contracting
HB 574. Notice of Motion for Probate in Solemn Form--provisions (SUB)
HB 1591. Motor Vehicle Operation without Insurance--certain courts try persons
HB 1767. DeKalb County Assistant Administrators--appointment
HB 1725. Traffic Case Appearance Bonds--who delivers receipts
HB 1641. Jury Duty--person other than judge may excuse jurors
HB 1301. Vehicle Insurance Rate--insurer not base on certain things
HB 1450. Properties Commission--compensation of citizen members
HB 1945. DeKalb County Malt Beverage Sale--change times during which may be sold
HB 1498. Butts County--time for making tax returns
HB 1818. Motor Vehicle Safety Responsibility Act--security provisions
HR 651. General Courtney Hicks Hodges Building--Veterans Memorial State Park building
HR 542. Tract of State-Owned Property--disposal

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 1014. By Representative Greer of the 43rd:
A bill to amend Code Chapter 56-10, relating to investment provisions of the Georgia Insurance Code, as amended, so as to authorize the sale of variable life insurance; to provide definitions; to provide conditions; to provide limitations.
Senate Sponsor: Senator Coverdell of the 40th.

The report of the committee, which was favorable to the 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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Dosa Eldridge Evans Foster

Gillis
Greene Hill Howard Hudgins Hudson Johnson Kennedy
Langford Lester McGill Overby Paulk
Reynolds Riley Russell

Seott
Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Dean of 6th Kidd

Pearce

Robinson

Those not voting were Senators:

Banks Duncan

English Fincher

Holloway

On the passage of the bill, the yeas were 47, nays 4.

The bill, having received the requisite constitutional majority, was passed.

The following bills and resolutions of the Senate and House were taken up for the purpose of considering the House action thereto:

SR 323. By Senator Bell of the 5th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by law for the form of goverment of DeKalb County and, in connection therewith, to provide for the various officers, bodies, branches, departments or agencies by and through which the county's governmental powers shall be exercised and to require that certain legislation adopted pursuant to such authority shall be conditioned for its effectiveness on approval of the voters of DeKalb County.

The House amendment was as follows:
Amend SR 323 by inserting in line 10 on Page 3 between the word "County" and the word "and" the following:

TUESDAY, MARCH 7, 1978

3143

", which shall include an elective governing body and an elective chief executive officer if legislative and executive powers are separated,".

Senator Bell of the 5th moved that the Senate agree to the House amendment to SR 323.

On the motion, 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 Howard Hudgins Hudson Johnson Kennedy Kidd
Langford Lester McGill Overby Paulk Pearce Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh
Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker

Those not voting were Senators :

Duncan English Fincher

Holloway Reynolds (excused conferee)

Tate Wessels

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 323.

HB 536. By Representatives Burruss and Housley of the 21st, Kaley 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.

The House amendment was as follows: Amend the Senate substitute to HB 536 as follows:

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By striking everything after the words "A BILL TO BE ENTITLED AN ACT", and substituting' in lieu thereof the following :
"To amend an Act to authorize certain counties and municipali ties to impose, levy and collect certain excise taxes, approved April 24, 1975 (Ga. Laws 1975, p. 1002), so as to change the maximum aggregate percentage of the tax; 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 to authorize certain counties and municipalities to impose, levy and collect certain excise taxes, approved April 24, 1975 (Ga. Laws 1975, p. 1002), is hereby amended by striking from Sections 2 and 3 thereof the following:

and substituting in lieu thereof the following :
'8%',
so that when so amended Sections 2 and 3 shall read as follows:
'Section 2. The governing authority of each municipality in this State shall be authorized to impose, levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodging or accommodations furnished by any person or legal entity licensed by or required to pay business or occupation taxes to the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin or any other place in which rooms, lodgings or accommodations are regularly furnished for value. No such tax shall be levied upon the sale or charges for any rooms, lodgings or accommodations furnished for a period of more than 10 consecutive days, or for the use of meeting rooms, nor shall the rate of taxation exceed 3% of the charge to the public for such furnishings, nor shall the aggregate of taxes levied upon the sale or charges or any rooms, lodgings or accommodations, exceed 8% of the charge to the public for such furnishings.
Section 3. The governing authority of each county in this State shall be authorized to impose, levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodging or accommodations furnished by any person or legal entity licensed by or required to pay business or occupation taxes to the county for operating, a hotel, motel, inn, lodge, tourist camp, tourist cabin or any other place in which rooms, lodgings or accommoda tions are regularly furnished for value. No such tax shall be levied upon the sale or charges for any rooms, lodgings or accommodations furnished for a period of more than 10 consecutive days, or for the use of meeting rooms, nor shall the rate of taxation exceed 3% of the charge to the public for such furnishings, nor shall the

TUESDAY, MARCH 7, 1978

3145

aggregate of taxes levied upon the sale or charges for any rooms, lodgings or accommodations, exceed 8% of the charge to the public for such furnishings. No such tax may be imposed, levied and collected in any portion of a county wherein the tax provided for in Section 2 is being imposed, levied and collected.'

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 Barnes of the 33rd moved that the Senate agree to the House amend ment to the Senate substitute.

On the motion, 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 Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Button Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Duncan English Fincher

Holloway Howard (excused conferee)

Hudgins Tate

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute.

Senator Barnes of the 33rd moved that the Senate reconsider its action in agreeing to the House amendment to the Senate substitute HB 536.

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JOURNAL OP THE SENATE,

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate reconsidered its action in agreeing to the House amendment to the Senate sub stitute to HB 536.

SB 530. By Senator Scott of the 43rd:
A bill to amend Code Chapter 56-31, relating to group and blanket accident and sickness insurance, as amended, so as to provide that no group accident and sickness insurance policy shall be issued in this State which limits or restricts payment of benefits for any preexisting illness or condition for a period in excess of six months following the date of the issuance of the policy.

The House substitute to SB 530 was as follows:
A BILL
To be entitled an Act to amend Code Chapter 56-31, relating to group and blanket accident and sickness insurance, as amended, so as to provide that no group accident and sickness insurance policy, other than a policy of credit accident and sickness insurance, shall be issued in this State which limits or restricts payment of benefits for any preexisting illness or condition for a period in excess of twelve months following the date of the issuance of a certificate of insurance covering a person in sured under a group policy; to provide for application to policies issued by hospital service nonprofit corporations and nonprofit medical service corporations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 56-31, relating to group and blanket acci dent and sickness insurance, as amended, is hereby amended by adding at the end thereof a new Code Section 56-3112, to read as follows:
"56-3112. Group accident and sickenss insurance; preexisting conditions, (a) No group accident and sickness insurance policy, other than policies of credit accident and sickness insurance, shall be issued in this State which limits or restricts payments of benefits for any preexisting illness or condition not otherwise excluded from the group policy for a period in excess of twelve months following the date of the issuance of the certificate covering the insured person.
(b) The provisions of this Section shall also apply to policies issued by a hospital service nonprofit corporation or a nonprofit medical service corporation."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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3147

Senator Scott of the 43rd moved that the Senate agree to the House substitute to SB 530 as amended by the following amendment:

Amend the House substitute to SB 530 by inserting on lines 5 and 22 on Page 1 after the word "insurance", the following:

"and other than qualified self-insurers".

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 530 as amended by the Senate.

HB 1711. By Representatives Daugherty of the 33rd, Hamilton of the 31st, Lambert of the 112th and others: A bill to safeguard individuals within the State of Georgia from dis crimination in public employment because of race, color, religion, na tional origin, sex, handicap and age with respect to employment.
Senator Howard of the 42nd moved that the Senate adhere to the Senate sub stitute to HB 1711, and that a Conference Committee be appointed.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1711.
The President appointed as a Conference Committee the following:
Senators Howard of the 42nd, Evans of the 37th and Duncan of the 30th.

SR 263. By Senators Hill of the 29th, Carter of the 14th, Kennedy of the 4th and others:
A resolution designating a portion of the highway system in this State as the "Presidential Route."

The House substitute was as follows:
A RESOLUTION
Designating a portion of the highway system in this State as the "Presidential Route"; and for other purposes .
WHEREAS, Honorable Franklin Delano Roosevelt, the 32nd Presi dent of the United States, had a home near Warm Springs, Georgia, which is now a museum; and
WHEREAS such home known as "The Little White House" has become a National Shrine, and

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JOURNAL OF THE SENATE,

WHEREAS, Franklin D. Roosevelt State Park was named after President Roosevelt and is' the largest State park in Georgia; and

WHEREAS, President Jimmy Carter, the 39th President of the United States, became the first resident of this State to be accorded the honor and privilege of serving as Chief Executive of these United States; and
WHEREAS, President Carter was born on October 1,1924 in Plains, Georgia, lived there until his recent move to the White House and cur rently maintains a residence there; and
WHEREAS, a Tourist Center has also been constructed near Plains, Georgia; and
WHEREAS, this State's most illustrious citizens, past and present, could be honored and visitors to this State would be appropriately re minded of this State's most distinguished citizens and their homes by designating a portion of the highway system of the State as tht "Presi dential Route"; and
WHEREAS, that portion of the highway system is more particularly described as follows:

"From the point of intersection of Interstate Highway 75 and U. S. Highway 280 in Cordele, Georgia, westerly on U. S. Highway 280 to Americus, Georgia, thence westerly on U. S. Highway 280 by the State's newest Welcome Center to Plains, Georgia, thence west erly on U. S. Highway 280 to the intersection of U. S. Highway 280 and State Highway 41 in Preston, Georgia; at this intersection the "Presidential Route" diverges into two routes, one shall be desig nated the "Eastern Presidential Route" and one, "Western Presi dential Route"; the "Eastern Presidential Route" shall proceced northerly from the intersection of U. S. Highway 280 and State Highway 41 along State Highway 41 to the intersection of State
Highway 41 and U. S. Highway 27 Alternate at Manchester, Georgia, the "Western Presidential Route" shall proceed from the intersection
of State Highway 41 and U. S. Highway 280, westerly along U. S. Highway 280 to the intersection of U. S. Highway 280 and State Highway 27 in Richland, Georgia, thence westerly along State High way 27 to the intersection of State Highway 27 and U. S. Highway 27, at Lumpkin, Georgia; thence northerly along U. S. Highway 27 to the intersection of U. S. Highway 27 and U. S. Highway 27 Alternate at Columbus, Georgia; thence northerly on U. S. Highway 27 Alternate to the aforementioned intersection of U. S. Highway 27 Alternate and State Highway 41 at Manchester, Georgia where the "Eastern Presidential Route" and "Western Presidential Route"
shall converge. From this intersection the "Presidential Route shall proceed northerly along U. S. Highway 27 Alternate to Warm Springs, Georgia, site of the Little White House, home of Franklin
Delano Roosevelt, thence northerly along U. S. Highway 27 Alter nate to its end at the intersection of U. S. Highway 27 Alternate and Interstate Highway 85 south of Newnan, Georgia", and

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3149

WHEREAS, the above described portion of the highway system in this State is in excellent condition and has beautiful surrounding countryside; and

WHEREAS, such a designation of this portion of the highway system would more effectively divert traffic from overcrowded Interstate 75; and

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the above described portions of the highway system of Georgia are hereby designated as the "Presidential Route".

BE IT FURTHER RESOLVED that subject to funding the State Department of Transportation is hereby authorized and directed to erect appropriate signs and markers along such portions of the highways making up the "Presidential Route".

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to the Commissioner of the Department of Transportation.

Senator Hill of the 29th moved that the Senate agree to the House substitute to SR 263.

On the motion, 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 Hill Holloway Howard Hudson Kennedy Kidd Langford Lester McGill Overby Paulk
Pearce Reynolds Riley

Those not voting were Senators:

Duncan (excused conferee) English

Fincher Greene (excused conferee)

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker Wessels
Hudgins Johnson Tate

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JOURNAL OF THE SENATE,

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 263.

The following local, uncontested resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:

HR 40. By Representative Greer of the 43rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Fulton County to provide, from time to time, for the increase in retirement or pension benefits of persons who have at that time retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by or pursuant to law which is wholly or partially supported by the funds of Fulton County and to appropriate county funds for such purposes; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"Any other provision of this Constitution to the contrary not withstanding, the governing authority of Fulton County is hereby authorized to provide, from time to time, for the increase of retirement or pension benefits of persons who have at that time retired pursuant to any retirement system, annuity and benefit fund pension system or any similar system heretofore or hereafter created by or pursuant to law which is wholly or partially supported by the funds of Fulton County. The governing authority of Fulton County is hereby authorized to appropriate county funds for the purpose of increasing such retirement or pension benefits, and no such increase in benefits shall be paid from the Fulton County Teachers' Retirement Fund but shall be paid instead from the general funds of Fulton County. In the event a constitutional amendment completely revising Article X, relating to retirement systems and educational scholarships, is ratified at the 1978 general election, then this paragraph shall be null and void and shall not become a part of the Constitution."
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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S151

"( ) YES Shall the Constitution be amended so as to au thorize the governing authority of Fulton County
( ) NO to provide, from time to time, for the increase in retirement or pension benefits of persons who have at that time retired pursuant to any retire ment system, annuity and benefit fund, pension system or any similar system heretofore or here after created by or pursuant to law which is wholly or partially supported by the funds of Fulton County and to appropriate county funds for such purposes?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bond Brantley Broun of 46th Brown of 47th Carter
Dean of 6th
Dean of 31st
Doss
Eldridge
Foster
Gillis

Greene Hill Holloway Howard Hudson Kennedy Kidd Langford Lester McGill
Overby
Paulk
Pearce
Riley
Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson
Timmons
Traylor
Turner
Tysinger
Walker

Voting in the negative were Senators Coverdell and Evans.

Those not voting were Senators:

Bell (excused conferee) Duncan (excused conferee)

English Fincher Hudgins

Johnson Reynolds (excused conferee) Wessels

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JOURNAL OP THE SENATE,

On the adoption of the resolution, the yeas were 46, nays 2.

The resolution, having received the requisite two-thirds constitutional major ity, was adopted.

HE 671. By Representative Reaves of the 147th:
A RESOLUTION
Proposing an amendment to the Constitution so as to exempt certain real property in Brooks County from ad valorem taxation other than State ad valorem taxes; to provide for 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 a new paragraph at the end thereof to read as follows:
"The governing authority of Brooks County is hereby authorized to establish reasonable criteria by which real property in said county which is owned by a bona fide nonprofit civic, community, educa tional, literary or charitable organization shall be exempt from ad valorem taxation other than ad valorem taxes levied by the 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 exempt real property in Brooks County from ad
( ) NO valorem taxes when such property is owned by nonprofit civic, community, educational, literary or charitable organizations?"
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.

TUESDAY, MARCH 7, 1978

3153

The Senate Committee on County and Urban Affairs offered the following substitute to HR 671:

A RESOLUTION
Proposing an amendment to the Constitution so as to exempt certain real property in Brooks County from ad valorem taxation other than State ad valorem taxes; to provide for 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 a new paragraph at the end thereof to read as follows:
"The governing authority of Brooks County is hereby authorized to establish reasonable criteria by which real property in said county which is owned by a bona fide nonprofit community organiza tion, whose membership is open to all members of the community and the pupose of which is beautification of the community by garden and landscaping improvements on property having a real and beneficial historical or social importance or significance in the county, shall be exempt from ad valorem taxation other than ad valorem taxes levied by the 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 exempt
real property in Brooks County from ad valorem ( ) NO taxes when such property is owned by nonprofit
community organizations, whose membership is open to all members of the community and the purpose of which is beautification of the com
munity by garden and landscaping improvements on property having a real and beneficial historical otyr?s"ocial importance or significance in the coun

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.

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JOURNAL OP THE SENATE,

On the adoption of the substitute, the yeas were 46, nays 2, 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 Ballard Banks Barker Barnes Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge Foster Gillis

Greene Hill Holloway Howard Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Riley Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker

Voting in the negative were Senators Coverdell and Evans.

Those not voting were Senators:

Bell (excused conferee) Duncan (excused conferee)

English Fincher Hudgins Johnson

Reynolds (excused conferee) Wessels

On the adoption of the resolution, the yeas were 46, nays 2.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted by substitute.

HR 776. By Representative Adams of the 79th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to impose a sales and use tax of one percent on all items, uses and transactions now subject to the provisions of the Georgia

TUESDAY, MARCH 7, 1978

3155

Retailers' and Consumers' Sales and Use Tax Act, approved February
20, 1951 (Ga. Laws 1951, p. 360), as amended, that occur in the County of Upson; to provide for the collection, administration, and disburse ment of the tax by the State Revenue Commissioner; to provide for the adjustment of the mill rate for county ad valorem taxation, which ad
justment shall be equal both in portions of Upson County inside the boundaries of any municipality or outside the boundaries of any munici pality; to provide for the expenditure of the proceeds of the tax; to
provide that any Act adopted during the year 1978 by virtue of this Resolution that imposes a sales and use tax in and for the County of Upson shall not be effective if, during the year 1978, or in any sub sequent year, the statewide sales and use tax, as imposed by the State
of Georgia throughout the State, should be increased to a rate greater than three percent; to provide that if any Act or constitutional amend
ment adopted during the year 1978 increasing the sales and use tax Statewide becomes ineffective for any reason, then any Act thereafter adopted by virtue of the power conferred by this amendment, levying a one percent sales and use tax in Upson County, shall, prior to being
implemented, be submitted for aproval to the voters of said county in a referendum thereon; 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 IX, Section V, Paragraph I of the Constitution is hereby amended by adding thereto the following:

"A. The General Assembly of Georgia shall have the power by general or special law to:

(1) Impose a sales and use tax at the rate of one percent on all items, uses and transactions that occur in Upson County, Georgia, which items, uses and transactions are taxed under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved
February 20, 1951 (Ga. Laws 1951, p. 360), as amended, which tax shall be in addition to all other taxes of every kind now imposed by law, except that Section 26A of the Georgia Retailer's and Con sumers' Sales Tax Act (Ga. Laws 1975, p. 984) shall not be effective in Upson County, Georgia, so long as any tax authorized by the General Assembly by vitrue of this Resolution shall be in effect;

(2) Provide the manner in which the tax so imposed shall be collected, administered and disbursed by the State Revenue Com missioner ;

(3) Provide for the enforcement of the Act or Acts and the imposition of penalties for failure to comply with the Act or Acts;

(4) Provide that the governing authority of the County of Upson shall adjust the mill rate for county ad valorem taxation during the year 1979 and in subsequent years, and further provide a method by which the mill rate for county ad valorem taxation
shall be adjusted;

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JOURNAL OF THE SENATE,

(5) Provide that adjustment in the mill rate for county ad valorem taxation shall be equal both as to property inside the boundaries of any municipality and outside the boundaries of any municipality;

(6) Provide that any Act adopted during the year 1978 by virtue of this Resolution, which Act shall impose a sales and use tax of one percent on all items, uses and transactions that occur in Upson County, Georgia, shall not be effective in the event that during the year 1978, or in any subsequent year, a statewide in crease in the sales and use tax should be imposed so that the tax imposed by the State throughout the State of Georgia would be greater than three percent. Should any Act or constitutional amend ment adopted during the year 1978 increasing the sales and use tax Statewide become ineffective for any reason, then any Act thereafter adopted by virtue of the power conferred by this amend ment, levying a one percent sales and use tax in Upson County, shall, prior to being implemented, be submitted for approval to the voters of said county in a referendum thereon.

B. The authority conferred on the General Assembly by this amendment shall be retroactive to January 1, 1978. Any Act passed after January 1, 1978, germane to the subject matter of this amend ment, whether it be a general or special law, shall be conclusively presumed to have been passed under the authority of this amend
ment. It is declared that the authority conveyed to the General Assembly by this amendment relates to only one general subject matter and the General Assembly is empowered, but not directed, to exercise such authority by one law or by more than one law per taining to all or any one or more of said functions, which laws or laws may be passed prior to or subsequent to the submission of this
amendment for ratification."

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 impose an addi-
( ) NO tional tax of one percent on all items, uses and transactions subject to the Georgia Retailers' and Consumers' Sales and Use Tax Act which occur in Upson County Georgia, and to provide for the reduction of the mill rate of ad valorem taxation upon property in Upson County, Georgia, which reduction shall be the same both for property lying inside any municipality or outside any mu nicipality?"

All persons desiring to vote in favor of ratifying the proposed

TUESDAY, MARCH 7, 1978

3157

amndment 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 Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge Foster Gillis

Greene Hill Holloway Howard Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Riley Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker

Voting in the negative were Senators Coverdell and Evans.

Those not voting were Senators:

Bell (excused conferee) Duncan (excused conferee)

English Fincher Hudgins Johnson

Reynolds (excused conferee) Wessels

On the adoption of the resolution, the yeas were 46, nays 2.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

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JOURNAL OF THE SENATE,

HR 799. By Representatives Hawkins of the 50th, Richardson of the 52nd, Childs of the 51st and others:

A RESOLUTION

Proposing an amendment to the Constitution so as to create the DeKalb County Retirement Home Authority for the purpose of acquiring,
constructing, improving, equipping, altering, repairing, and maintaining retirement home facilities for lease or sale to nonprofit tax exempt
religious or charitable firms or corporations, with the power to borrow
money and issue revenue bonds to finance the cost of accomplishing the
foregoing; to provide for powers, authority, funds, purposes and pro cedure of the Authority; to provide for the issuance by the Authority of its revenue bonds and to exempt from taxation said bonds and the interest
thereon and the property and income of the Authority; 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 IX, Section VIII of the Constitution is hereby
amended by adding at the end thereof a new Paragraph to read as follows:

"Paragraph VI. (a) Declaration of Need. Whereas, if the aging citizens and inhabitants of DeKalb County and environs are to receive adequate and economic housing, provision must be made for acquiring, constructing, improving, equipping, altering, repair ing, and maintaining retirement home facilities;

Now, therefore, it is hereby declared that there exists in DeKalb County and environs a need for an Authority to function for the purpose aforesaid.

(b) Creation of the Authority. There is hereby created a body corporate and politic to be known as the 'DeKalb County Retirement Home Authority', which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity.

(c) Purpose. The purpose of the Authority shall be to acquire, construct, improve, equip, alter, repair, and maintain one or more retirement homes for lease or sale to nonprofit firms or corporations as hereinafter set forth, and to take all other necessary or desirable action, in order to provide or make available adequate and economic retirement home facilities for DeKalb County. The Authority may acquire existing retirement homes if it determines that such acqui sition would result in lower charges to the residents thereof than if no such acquisition took place.

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(d) Members. The members of the Development Authority of DeKalb County, created pursuant to an Act known as the "Develop ment Authorities Law", approved March 28, 1969 (Ga. Laws 1969, p. 137), as now or hereafter amended, shall be ex officio members of this Authority and shall he appointed and serve for the same terms as provided therein. No vacancy shall impair the power of the Authority to act. The Authority is hereby empowered to elect a chairman, vice chairman and secretary from its members. The members of the Authority shall receive no compensation for their services on the Authority but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties.
(e) Definitions. As used in this amendment, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context:
(1) 'Authority' shall mean the DeKalb County Retirement Home Authority hereby created and any successor or successors thereto.

(2) 'Retirement Home' or 'Project' shall mean any residential facility for the aging, including related dining and entertainment facilities, all real and personal property required for the purposes thereof, including land and any rights or undivided interest therein, easements, furnishings, machinery, and equipment. 'Retirement Home' or 'Project' shall not include any nursing home or other health care facility.

(3) 'Cost of Project' shall mean all costs of acquisition and con struction of a project, including all costs of franchises, fees, per mits, approvals, licenses and certificates and the securing of such permits, approvals, licenses and certificates; financing charges, interest prior to and during construction and during such additional period as the Authority may reasonably determine to be necessary for the placing of such project in operation; costs of engineering, architectural and legal services; cost of plans and specifications and all expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing herein authorized. The costs of any project may also include funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the Authority for the construction or maintenance of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense in curred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or imbursed as such out of the proceeds of revenue bonds or notes issued hereunder for
such project.

(4) 'Bonds' or 'revenue bonds' shall mean any bonds issued by the Authority under the provisions of this amendment, including refunding bonds.

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(5) 'Nonprofit Firm or Corporation" means any firm or corpo ration which has no shareholders and is organized so that no income or profits are distributable to or for the benefit of any private person, and is qualified as exempt from federal income taxation as being organized and operated exclusively for religious or charitable purposes.

(f) Conduct of Meetings. Any three (3) members shall consti tute a quorum for the transaction of the business of the Authority; however, any action with respect to any project of the Authoriy must be approved by not less than three (3) affirmative votes.

(g) Powers. The Authority shall have all powers necessary or convenient to carry out and effectuate the purpose and provisions of this amendment, including, but without limiting the generality of the foregoing, the power:

(1) Litigation. To sue and be sued in contract and in tort and to complain and defend in all courts of law and equity.

2. Seal. To adopt and alter a corporate seal.

(3) Acquisition of Property. To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by gift, grant, lease or otherwise, real property or rights and easements therein and franchises and personal prop erty necessary or convenient for its corporate purposes and to insure the same against any and all risks as such insurance may, from time to time, be available, and use such property and rent or lease the same to or from others or make contracts with respect to the use thereof or to sell, lease, or otherwise dispose of any such property in any manner it deems to the best advantage of the Au thority and the purposes thereof. The Authority shall not have the power of eminent domain under the provisions of any law of the State of Georgia applicable to the condemnation of property for public use.
(4) Officers and Agents. To appoint and select officers, agents, and employees, including engineering, architectural, and construc tion experts, fiscal agents, and attorneys, and fix their compensation.

(5) Contracts. To make contracts, leases and to execute all instruments necessary or convenient, including contracts for acqui sition and construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be acquired or constructed, and all private persons, firms and corporations and the State of Georgia and all political subdivisions, departments, in strumentalities, or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable.

(6) Gifts, Grants, and Disposal of Property. To accept, receive and administer gifts, grants, appropriations, and donations of money, materials and property of any kind, including loans and

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3161

grants from the United States of America or the State of Georgia or any agency, department, authority, or instrumentality of either upon such terms and conditions as the United States of America, the State of Georgia, or such agency, department, authority, or in strumentality shall impose, and to administer trusts, and to sell,
lease, transfer, convey, appropriate, and pledge, any and all of its property and assets.

(7) Investment. To invest any accumulation of its funds in any fund or reserve in any manner that public funds of the State of Georgia or its political subdivisions may be invested.

(8) General. To do any and all things necessary or proper for the accomplishment of the objectives of this amendment and to exer cise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this State, including employment of professional and ad ministrative staff and personnel and retaining of legal, engineering, and other professional services, the purchasing of all kinds of in surance including, without limitation, insurance against tort liability and against risks of damage to property, including the power to borrow money for any of the corporate purposes of the Authority; provided, however, that obligations of the Authority other than revenue bonds, for which provision is herein made, shall be payable from the general funds of the Authority and shall not be a charge against any special fund allocated to the payment of revenue bonds, and including the power to indemnify and hold harmless any parties contracting with the Authority or its agents from damage to persons or property and the power to act as self-insurer with respect to any loss or liability.
(9) Indebtedness. To borrow money for any of its corporate purposes and to issue notes; to issue its revenue bonds as herein after provided in evidence of its indebtedness incurred with respect to the powers above described payable from the revenues and receipts to the Authority from the lease or sale by the Authority of the projects of the Authority and other available funds thereof; to ex ecute trust agreements or indentures; to sell, convey, pledge, mort gage, hypothecate, encumber, and assign any and all of its funds, assets, property, and income as security for the payment of such revenue bonds and to provide for the payment of the same and for the rights of the owners thereof.

(10) Administration. To adopt, alter and repeal such bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business.

(h) Revenue Bonds. In addition to the purposes for which revenue bonds are now permitted by this Constitution to be issued, the Authority, in order to finance any project or to refund any revenue bonds then outstanding, is hereby authorized to issue rev enue bonds bearing interest at the rate or rates and maturing in the years and amounts determined by the Authority, and the pro-

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cedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as heretofore or hereafter amended, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property real or personal of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumcumbered as security for any revenue bonds of the Authority.

(i) Dissolution of Authority. Should the 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 dis solution shall revert to DeKalb County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.

(j) Taxation. The Authority is created for nonprofit and public purposes, and it is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate pur poses is in all respects for the benefit of the people of the State of Georgia, that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this amendment, and for such reasons, the State of Georgia covenants with the holders from time to time of the revenue bonds issued hereunder that the Authority shall be required to pay no taxes or assessments imposed by the State of Georgia or any of its counties, municipal cor porations, political subdivisions or taxing districts upon any prop erty acquired by the Authority or under its jurisdiction, control, possession or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the Authority whether in the form of fees, rentals, charges, purchase price, installments or otherwise, and that the revenue bonds of the Authority, their transfer and the income therefor shall at all times be exempt from taxation within the State of Georgia. The tax exemption herein provided shall not include any exemption from sales and use tax on property purchased by the Authority or for use by the Authority.

(k) Lease or Sale of Projects. No project acquired hereunder shall be operated by the Authority, but shall be leased or sold to one or more nonprofit firms or corporations for operation as a re tirement home, and if revenue bonds or other obligations are to be issued to pay all or part of the cost of such project, the project must be so leased or the contract for its sale entered into prior to or simultaneously with the issuance of such bonds or obligations. If sold, the purchase price may be paid at one time or in installments falling due over not more than 50 years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the leased or purchased property and to pay rentals or installments in amounts sufficient to pay principal of and interest and premium, if any, on all such bonds and other obligations as such principal and interest become due. Any such lease may contain an option on the part of the lessee to pur chase the project for an amount sufficient to repay all such bonds or, after the bonds have been retired, for a nominal amount.

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(1) Immunity from Liability.

(1) Authority Members. Neither the members of the Authority nor any person executing bonds or notes on behalf of the Authority shall be personally liable thereon by reason of the issuance thereof.

(2) Credit Not Pledged. No revenue bonds or other obligations issued under provisions of this amendment shall constitute a debt of the State of Georgia or of DeKalb County.

(m) Construction. This amendment, being for the welfare of DeKalb County and its inhabitants, shall be liberally construed to effect the purposes hereof.

(n) Implementation. This amendment is self-enacting and does not require any enabling legislation for it to become effective; pro vided, however, the General Assembly may by law further define and prescribe the powers and duties of the Authority and the exer cise thereof, and may enlarge and restrict same, and may likewise further regulate the management and conduct of the Authority."

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 create the DeKalb County Retirement Home Authority
( ) NO for the purpose of acquiring, constructing, im proving, equipping, altering, repairing, and main
taining retirement home facilities for lease or sale to nonprofit, tax exempt religious or charita ble firms or corporations, with the power to borrow money and issue revenue bonds to finance the cost of accomplishing the foregoing?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati
fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this
State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker
Barnes Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge Foster Gillis

Greene Hill Holloway Howard
Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Riley Robinson

Russell Scott Shapard Starr
Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker

Voting in the negative were Senators Coverdell and Evans.

Those not voting were Senators:

Bell (excused conferee) Duncan (excused conferee)

English Fincher Hudgins Johnson

Reynolds (excused conferee) Wessels

On the adoption of the resolution, the yeas were 46, nays 2.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

The following bill of the House was taken up for the purpose of considering the House action thereto:

HB 1427. By Representatives Hawkins of the 50th, Horton of the 43rd and Taggart of the 125th:
A bill to amend the Code of Georgia of 1933 so as to provide for an arbitration title; to provide for a short title ("Georgia Arbitration Code") ; to provide for the effect of agreements to submit to arbitration controversies, existing or thereafter arising; to provide for applications to the court, venue, and service of papers.

Senator Pearce of the 16th moved that the Senate adhere to the Senate sub stitute, and that a Conference Committee be appointed.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1427.

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3165

The President appointed as a Conference Committee the following:

Senators Pearce of the 16th, Allgood of the 22nd and Kidd of the 25th.

The following resolution of the Senate was read and adopted:

SR 412. By Senator Dean of the 31st: A resolution recognizing and commending the Tallapoosa Jaycees.

The President announced that the Senate would stand in recess from 12:20 o'clock P.M. until 1:45 o'clock P.M.
At 1:45 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 substitute, by the requisite constitutional majority the following bill of the Senate:
SB 378. By Senator Hudgins of the 15th: A bill to amend the Gasoline Marketing Practices Act, so as to change and add definitions; to change and add certain provisions relating to what shall constitute violations; to provide for equitable relief; to change certain defenses; to change certain provisions relating to applicability; to change certain designations; to provide for severability; to provide an effective date.
The House insists on its position in substituting the following bill of the Senate:
SB 565. By Senator Robinson of the 27th: A bill to amend an Act providing for the regulation of professional soil classifying and creating the State Board of Registration for Professional Soil Classifiers, so as to establish a termination date for the State Board of Registration for Professional Soil Classifiers and the date on which the aforesaid Act shall stand repealed.
The House has adopted the following resolution of the House:

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HR 894. By Representative Canty of the 38th and others:
A resolution commending the career and achievements of Dr. Ann Scarlett Cochran upon the announcement of her retirement from the faculty and staff for Morris Brown College.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1387. By Representatives Pilewicz of the 41st, Murray of the 116th, Karrh of the 106th and others:
A bill to amend an Act relative to relief from civil liability for persons who render emergency care at the scene of an accident without charge and in good faith so as to clarify that certain persons are relieved from liability for rendering emergency service at the scene of an accident without charge.
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:

Ballard
Bell Brantley Brown of 47th Dean of 31st Duncan Eldridge

Evans Fincher
Foster Greene Hudson Kidd Robinson

Shapard Stephens Stumbaugh Button Tate Thompson Turner

Those voting in the negative were Senators:

Allgood Banks Broun of 46th Carter Dean of 6th Doss Gillis Hudgins

Kennedy Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Scott Starr Summers Traylor Tysinger Walker Wessels

Those not voting were Senators:

Barker Barnes Bond Coverdell (excused conferee)

English Hill
Holloway Howard (excused conferee)

Johnson Russell Timmons

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3167

On the passage of the bill, the yeas were 21, nays 24.

The bill, having failed to receive the requisite constitutional majority, was lost.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has appointed a Committee of Conference on the following bill of the Senate:
SB 408. By Senators Evans of the 37th, English of the 31st, Allgood of the 22nd and others: A bill to prohibit sexual exploitation of children; to provide definitions; to provide that it is unlawful for any persons to take certain actions related to procuring for use or using certain minors for the purpose of depicting sexually explicit conduct in any visual or print medium; to provide that it is unlawful for the parent or persons having custody of a child to take certain actions respecting sexual exploitation of the child; to provide penalties.
The Speaker has appointed on the part of the House the following members thereof:
Representatives Truluck of the 86th, Nichols of the 27th and Swann of the 90th.
The following local bill of the Senate was taken up for the purpose of consid ering the House action thereto:
SB 647. By Senator Bell of the 5th: A bill to amend an Act establishing districts in DeKalb County from which the members of the county board of education shall be elected, as amended, so as to change the compensation of the members of the board of education.
The House substitute to SB 647 was as follows:
A BILL
To be entitled an Act to amend Code Section 32-904, relating to the compensation of members of county boards of education, as amended, so as to provide for the compensation of members of county boards of education in all counties of this State having a population of not less

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than 400,000 nor more than 600,000 according to the United States Decennial Census of 1970 or any future such census; to provide an ef fective date; to repeal conflicting- laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 32-904, relating to the compensation of members of county boards of education, as amended, is hereby amended by adding a new paragraph immediately following said Code Section to read as follows:

"The chairman and members of the county boards of education of all counties of this State having a population of not less than 400,000 nor more than 600,000 according to the United States De cennial Census of 1970 or any future such census shall each be paid $300.00 per month as their entire compensation for services ren dered and for attendance at all regular and special meetings of said county boards of education."

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 Bell of the 5th moved that the Senate agree to the House substitute to SB 647.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 647.
The following resolution of the Senate was taken up for the purpose of considering the Conference Committee report thereon:
SR 326. By Senator Stumbaugh of the 55th:
A resolution proposing an amendment to the Constitution, so as to increase the homestead exemption of each resident of DeKalb County for the purposes of all DeKalb County and DeKalb County School Dis trict ad valorem taxes by providing that said homestead exemption shall be $3,000 in 1979; $4,000 in 1980 and $5,000 for 1981 and each year thereafter.

The Conference Committee Report on SR 326 was as follows:
Mr. President and Mr. Speaker:
Your Conference Committee on SR 326 has met and submits the following recommendations:

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3169

That the Senate recedes from its position and that SR 326, as amended by the House, be adopted.

FOR THE SENATE
I si Robert H. Bell Senator, 5th District
Lawrence Stumbaugh Senator, 55th District
/s/ Pierre Howard, Jr. Senator, 42nd District

FOR THE HOUSE
/s/ Betty J. Clark Representative, 55th District
/s/ George Williamson Representative, 45th District
Cas Robinson Representative, 58th District

Senator Bell of the 5th moved that the Senate adopt the Conference Com mittee Report on SR 326.

On the motion, 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 Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge Evans Fincher

Foster Gillis Greene Hudgins Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Riley Robinson

Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Scott.

Those not voting were Senators:

Ballard (excused conferee) Barker Bond Coverdell Duncan

English Hill Holloway Howard (excused conferee) Johnson

Pearce (excused conferee) Reynolds (excused conferee) Russell

On the motion, the yeas were 42, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report on SR 326.

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The following bills of the Senate and House were taken up for the purpose of considering the House action thereto:

HB 1386. By Representatives Kemp of the 139th, Davis of the 99th, Johnston and Tolbert of the 56th and others:
A bill to amend Code Section 56-407.1, relating to uninsured motorist coverage, so as to change the maximum amounts of such coverage which may be obtained from an insurer; to provide for editorial re vision.

Senator Barnes of the 33rd moved that the Senate adhere to the Senate substitute to HB 1386, and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Sen ate adhered to the Senate substitute to HB 1386.

The President appointed as a Conference Committee the following:

Senators Barnes of the 33rd, Allgood of the 22nd and Banks of the 17th.

SB 430. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend the Fair Business Practices Act of 1975, so as to correct typographical errors; to add or change several definitions; to broaden the definitions of consumer transactions to include solicitations for charitable organizations.

The House substitute to SB 430 was as follows:
A BILL
To be entitled an Act to amend the Fair Business Practices Act of 1975, approved April 10, 1975 (Ga. Laws 1975, p. 376), so as to correct typographical errors; to add or change several definitions; to broaden the definition of consumer transactions to include solicitations for charitable organizations; to make clear that consumers from other states can be aided by the Office of Consumer Affairs; to clarify the terms which can be negotiated in an Assurance of Voluntary Compli ance; to amend Code Section 67-1301.1, providing requirements relative to transfer fees for the transfer of real property involved in deeds to secure debt, so as to provide for certain limitations relative to deeds to secure debt on real property; to provide certain exceptions; to provide for other matters relative thereto; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. The Fair Business Practices Act of 1975, approved April 10, 1975 (Ga. Laws 1975, p. 376), is hereby amended by inserting in subsection (b) of Section 1, after the word "consumers", the fol lowing :

"both in Georgia and in other states",

so that when so amended, subsection (b) shall read as follows:

"(b) The purpose of this Act shall be to protect consumers both in Georgia and in other states and legitimate business enter prises from unfair or deceptive practices in the conduct of any trade or commerce in part or wholly in the State. It is the intent of the General Assembly that such practices be swiftly stopped and this Act shall be liberally construed and applied to promote its under lying purposes and policies."

Section 2. Said Act is further amended by striking from subsection (c) of Section 1 the word "in" and substituting in lieu thereof the word "and", so that when so amended, subsection (c) shall read as follows:

"(c) It is the intent of the General Assembly that this Act be interpreted and construed consistently with interpretations given by the Federal Trade Commission and federal courts pursuant to Section 5(a)(l) of the Federal Trade Commission Act (15 USC 45 [a] [1]), as from time to time amended."

Section 3. Said Act is further amended by striking in its entirety subsection (c) of Section 2 and substituting in liau thereof a new subsection (c) to read as follows:

"(c) 'Trade' and 'Commerce' mean the advertising, solicita tion, distribution, sale, lease or offering for distribution, sale or lease, of any goods, services, donations, or any other property, tangible or intangible, real, personal or mixed, or any article, com modity, or thing of value wherever situate, and shall include any such act directly or indirectly affecting the people of the State of Georgia or any other state where at least one party to the con sumer transaction or consumer act or practice is located within the State of Georgia."

Section 4. Said Act is further amended by adding at the end of subsection (g) of Section 2 the following:

", or the solicitation of donations by or on behalf of eleemosy nary organizations",

so that when so amended, subsection (g) shall read as follows:

"(g) 'Consumer transactions' are the sale, lease, rental of

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goods, services, or property, real or personal, primarily for per sonal, family, or household purposes, or the solicitation of donations by or on behalf of eleemosynary organizations."

Section 5. Said Act is further amended by adding to Section 3(b) a new Section 3(b)(12) which reads as follows:

"(12) Disconnecting, turning back, or resetting the odometer of any motor vehicle so as to reduce the number of miles indicated on the odometer gauge, whether or not such motor vehicle is the subject of any consumer transaction as defined in Section 2(g) or whether or not such motor vehicle is the subject of a consumer act or practice as defined in Section 2(h) of this Act."
Section 6. Said Act is further amended by adding at the end of Section 12 the following:
"Unless an Assurance of Voluntary Compliance has been re scinded by agreement of the parties or voided by a court for good cause, subsequent failure to abide by the terms of an Assurance of Voluntary Compliance is prima facie evidence of a violation of this Act, if said term(s) is itself a violation of this Act, absent the Assurance of Voluntary Compliance.",

so that when amended, Section 12 shall read as follows:
"Section 12. Assurances of Voluntary Compliance. In the ad ministration of this Act, the Administrator may accept an assur ance of voluntary compliance with respect to any act or practice deemed to be violative of the Act from any person who has engaged or was about to engage in such act or practice. Any such assurance shall be in writing and be filed with the Clerk of the Superior Court of the county in which the alleged violator resides or has his prin cipal place of business or the Superior Court of Fulton County. Such assurance of voluntary compliance shall not be considered an admission of violation for any purpose. Matters thus processed may at any time be reopened by the Administrator for further proceedings in the public interest, pursuant to Section 7. The provisions of this Section shall not bar any claim against any person who has engaged in any act or practice in violation of this Act. Unless an Assurance of Voluntary Compliance has been rescinded by agreement of the parties or voided by a court for good cause, subsequent failure to abide by the terms of an Assur ance of Voluntary Compliance is prima facie evidence of a violation of this Act, if said term(s) is itself a violation of this Act, absent the Assurance of Voluntary Compliance."

Section 7. Said Act is further amended by striking from subsection (b) of Section 17 the word "allegation" and substituting in lieu thereof the word "obligation", so that when so amended, subsection (b) shall read as follows:

"(b) Damages or penalties to which a person is entitled pur-

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3173

suant to this Act may be set off against the obligation 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."

Section 8. Code Section 67-1301.1, providing requirements relative to transfer fees for the transfer of real property involved in deeds to secure debt, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 67-1301.1 to read as follows:

"67-1301.1. Requirements relative to deeds to secure debt. When the grantor of a deed to secure debt on real property sells or transfers the real property securing such debt to a third party and the instrument evidencing such sale or transfer executed be tween such third party and the grantor does not relieve or attempt to relieve the grantor of his obligation under the deed to secure debt, then such sale or transfer, in the absence of default on the part of the grantor, shall not: (1) authorize the acceleration of maturity of the obligation of the grantor under the deed to secure debt; or (2) authorize the escalation of interest or any other changes in the terms, conditions or requirements of the obligation of the grantor under the deed to secure debt. The provisions of any deed to secure debt executed after July 1, 1978, which are in vio lation of this Section are hereby declared to be against the public policy of this State and shall be null, void and unenforceable. The provisions of this Section shall not apply to any commercial or business loan, regardless of the amount thereof, nor to any other loan in the amount of $100,000.00 or more."

Section 9. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Starr of the 44th moved that the Senate agree to the House substi tute to SB 430.

The President ruled that the House substitute to SB 430 was not germane.

Senator Starr of the 44th moved that the Senate disagree to the House sub stitute to SB 430.

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On the motion, the yeas were 37, nays 1; the motion prevailed, and the Senate disagreed to the House substitute to SB 430.

Pursuant to a motion adopted previously today, the President announced the appointment of a Conference Committee on the following bill of the Senate:

SB 501. By Senators Hudgins of the 15th, Evans of the 37th, Johnson of the 34th and others:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as to change the provisions regarding creation of juve nile courts; to provide for judges; to provide for their compensation, terms of office, appointment and reappointment; to provide for semi nars.

The Conferees appointed were:

Senators Ballard of the 45th, Johnson of the 34th and Hudgins of the 15th.

The following bills and resolutions of the Senate were taken up for the purpose of considering the House action thereto:

SB 565. By Senator Robinson of the 27th:
A bill to amend an Act providing for the regulation of professional soil classifying and creating the State Board of Registration for Pro fessional Soil Classifiers, so as to establish a termination date for the State Board of Registration for Professional Soil Classifiers and the date on which the aforesaid Act shall stand repealed.

Senator Robinson of the 27th moved that the Senate adhere to its disagree ment to the House substitute to SB 565, and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 565.
The President appointed as a Conference Committee the following:
Senators Johnson of the 34th, Doss of the 52nd and Langford of the 51st.
SB 575. By Senator Wessels of the 2nd: A bill to repeal an Act fixing the compensation of sheriffs in all coun ties of this State having a population of not less than 185,000 nor more than 190,000 according to the United States Decennial Census of 1970, or any such future census; to provide an effective date.

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3175

The House substitute to SB 575 was as follows:

A BILL

To be entitled an Act to amend an Act fixing the compensation of sheriffs in all counties of this State having a population of not less than 185,000 nor more than 190,000, according to the United States Decen nial Census of 1970 or any future such census, approved March 21, 1974 (Ga. Laws 1974, p. 2606), so as to change the compensation of the sheriffs in such counties; 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 fixing the compensation of sheriffs in all coun ties of this State having a population of not less than 185,000 nor more than 190,000, according to the United States Decennial Census of 1970 or any future such census, approved March 21, 1974, (Ga. Laws 1974, p. 2606), is hereby amended by striking from Section 1 the following:

"$18,000.00",

and inserting in lieu thereof the following:

"$25,000.00",

so that when so amended, Section 1 shall read as follows:

"Section 1. Notwithstanding any other provisions of law to the contrary, in all counties of this State having a population of not less than 185,000 nor more than 190,000 according to the United States Decennial Census of 1970, or any such future census, the Sheriff of any such county shall receive an annual salary of $25,000.00 payable in equal monthly installments from the funds
of such 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.

Senator Wessels of the 2nd moved that the Senate agree to the House sub stitute to SB 575.

On the motion, a roll call was ordered, and the vote was as follows:

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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 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

Those not voting were Senators:

Bond Dean of 6th
Duncan (excused conferee)

English Hudgins (excused conferee)

Russell

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 575.

SR 307. By Senators Lester of the 23rd, Holloway of the 12th, Riley of the 1st and others:
A resolution creating the Georgia Tax Reform Commission.

The House substitute to SR 307 was as follows:
A RESOLUTION
Creating the Georgia Tax Reform Commission; and for other purposes.
WHEREAS, the economy of the State of Georgia has undergone dynamic growth during the last several decades and undoubtedly will continue to experience a lively expansion since Georgia stand as the business/industrial hub of the South; and
WHEREAS, these developments have contributed significantly to the potential for a richly diverse revenue mix for the State and local governments; and

TUESDAY, MARCH 7, 1&78

3177

WHEREAS, the reliance on traditional tax revenue sources, when coupled with the rapid increase in the demand for governmental ser vices, has yielded a strained revenue structure unable to respond to current and future fiscal needs in a balanced, equitable fashion and has increasingly troubled and financially burdened the individual tax payers of the State; and

WHEREAS, the various inequities and imperfections which seem relatively trivial when the tax burden is less cannot be ignored as the tax burden rises; and

WHEREAS, the revenue structure of Georgia, like that of other states, has received only sporadic, piecemeal revision over the years, and these changes too frequently have been made in an isolated context without due regard for the overall tax system and the principle of neutrality; and

WHEREAS, the ideal tax structure necessarily varies from state to state depending on the employment mix, the economic base, and the developmental patterns in the particular state, and each of these variables has changed significantly in Georgia in the absence of a comprehensive and exhaustive review and study of the consequences and fairness of the resulting system; and

WHEREAS, the goal of designing a balanced tax system with the fewest inequities within the structure of the various taxes will enable decisions of individuals and businesses with respect to location, investment, and spending to proceed unclouded by or be minimally influ enced by tax consequences.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is hereby created the Georgia Tax Reform Com mission. The Commission shall be composed of twenty-one members as follows:
(a) Six members of the Senate to be appointed by the President of the Senate.

(b) Six members of the House of Representatives to be appointed by the Speaker of the House of Representatives.

(c) (1) Nine members to be appointed by the Governor.

(2) Of the Governor's appointees, one each shall be appointed upon the recommendation of:

(A) The Georgia Municipal Association and shall be an elected municipal official.

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(B) The Association of County Commissioners and shall be an elected county official.

(C) The Georgia Chamber of Commerce.

(D) The Georgia Farm Bureau.

(E) The Georgia League of Women Voters.

(F) The Georgia Property Owners Association.

(3) Each such organization shall recommend to the Governor a list of not less than three names for appointment to the Commission. From each such list the Governor shall appoint one member as provided in this Section.

Section 2. The Commission shall conduct a comprehensive and exhaustive study of the tax laws and tax policy of this State with a view toward modernizing and revitalizing the revenue structure so as to create an equitable and flexible tax system which properly balances the taxes based on fixed wealth, current expenditures, and current flow of income.

Section 3. The Commission is authorized to appoint and employ staff personnel as it may deem necessary, including an executive di rector, and to contract for professional and research services to effec tuate the purposes.of this Resolution. The Office of Legislative Counsel shall serve as counsel to the Commission.

Section 4. The Commission shall elect a chairman from among its membership. The first meeting of the Commission shall be upon the joint call of the President of the Senate and the Speaker of the House of Representatives. Thereafter, the Commission shall meet upon the call of the chairman.

Section 5. The Commission may request and, upon such request, shall be afforded the assistance and cooperation of the State Revenue Department, the Department of Law, the Institute of Government, and
each other agency or institution of the State.

Section 6. The Commission is encouraged to seek the active cooperation and assistance in its work of the Georgia Association of Tax Officials, the Georgia Forestry Commission, the Georgia Society of Certified Public Accountants, the Georgia School Boards Associa tion, the Tax Section of the State Bar of Georgia, and other interested organizations and individuals, and is expressly encouraged to take ad vantage of the expertise and experience in matters affecting taxation and tax policy which is available through institutions of higher learning in this State.

Section 7. All members of the Commission shall receive the allow ances authorized by law for legislative members of interim legislative

TUESDAY, MARCH 7, 1978

3179

committees. Any members of the executive or judicial branches of government shall receive such allowances from State funds from which they are otherwise compensated. The other allowances and 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.

Section 8. The Commission shall make a preliminary report to the 1979 Session of the General Assembly and a comprehensive report of its findings, recommendations, and suggestions for proposed legislation to the 1980 Session of the General Assembly.

Section 9. This Resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval. Appoint ments to the Commission shall be made as provided in this Resolution as soon as practicable after its approval or otherwise becoming a law.

Senator Lester of the 23rd moved that the Senate agree to the House sub stitute to SR 307.
On the motion, 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 Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher

Foster Greene Hill Holloway Howard Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Riley Russell

Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard (excused conferee) Bond Duncan (excused conferee) English

Evans (excused conferee) Gillis Hudgins (excused conferee) Hudson

Pearce (excused conferee) Reynolds (excused conferee) Robinson (excused conferee)

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Sen ate agreed to the House substitute to SR 307.

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JOURNAL OF THE SENATE,

The following bill of the Senate was taken up for the purpose of considering the Conference Committee report thereon:

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.

The Conference Committee report was as follows:
Mr. President: Mr. Speaker:
Your Conference Committee on Senate Bill 350 has met and rec ommends the following:

(1) That the House recede from its position on SB 350;

(2) That the Senate recede from its position on SB 350;

(3) That the attached Substitute to SB 350 be adopted.

FOR THE SENATE
/s/ Jimmy Lester Senator, 23rd District
Is/ 3. Ebb Duncan Senator, 30th District
/s/ Joseph E. Kennedy Senator, 4th District

Respectfully submitted,
FOR THE HOUSE
/s/ Don Castleberry Representative, lllth District
/s/ A. L. Burruss Representative, 21st District
/s/ Johnny Isakson Representative, 20th District

Conference Committee substitute to SB 350:
A BILL
To be entitled an Act to amend Code Section 92-5702, relating to the meaning of the phrase "fair market value" for ad valorem taxation purposes, as amended by an Act approved March 21, 1968 (Ga. Laws 1968, p. 358) and an Act approved March 18, 1975 (Ga. Laws 1975, p. 96), so as to redefine the meaning of "fair market value" and to pre scribe the means, methods and guidelines to be used in determining the fair market value of certain types of property for taxation purposes; to provide for tax assessor access to certain public records; to provide

TUESDAY, MARCH 7, 1978

3181

for applicability; 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. Code Section 92-5702, relating to the meaning of the phrase "fair market value", as amended by an Act approved March 21, 1968 (Ga. Laws 1968, p. 358), and an Act approved March 18, 1975 (Ga. Laws 1975, p. 96), is hereby amended by striking said Section, as amended, which reads as follows:

"92-5702. 'Fair market value', meaning of.--The intent and purpose of the tax laws of this State are to have all property and subjects of taxation returned at the value which would be realized therefrom by cash sale, as such property and subjects are usually sold, but not by forced sale thereof, and the words 'fair market value,' when used in the tax laws, shall be held and deemed to mean what the property and subjects would bring at cash sale when sold in the manner in which such property and subjects are usually sold. The tax assessors, in determining the fair market value of real property, shall consider the following criteria:

(a) existing zoning of property;

(b) existing use of property;

(c) existing covenants or restrictions in deed dedicating the property to a particular use; or

(d) any other factors deemed pertinent in arriving at fair market value.",

in its entirety, and inserting in lieu thereof a new Code Section 92-5702, to read as follows:

"92-5702. 'Fair market value', meaning of.

(a) Since it is the intent and purpose of the tax laws of this State to have all property returned for taxation at its fair market value, the words 'fair market value,' shall be deemed to mean what a knowledgeable buyer would pay for the property and a willing seller would accept at an arm's length bona fide sale. With respect to the valuation of equipment, machinery, and fixtures when no ready market exists for the sale of the equipment, machinery, and fixtures, fair market value may be determined by resorting to any reasonable, relevant and useful information available including, but not limited to: the original cost of the property; any depreciation or obsolescence; and any increase in value by reason of inflation. Each tax assessor shall have access to any public records of the taxpayer for the purpose of discovering such information.

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(b) In determining the fair market value of a going business, where its continued operation is reasonably anticipated, the tax assessor may value the equipment, machinery, and fixtures which are the property of the business, where appropriate to reflect ac curate fair market value, as a whole.

(c) In determining the fair market value of real property, the tax assessor shall consider the following criteria:

(1) existing zoning of property;

(2) existing use of property;

(3) existing covenants or restrictions in deed dedicating the property to a particular use; or

(4) any other factors deemed pertinent in arriving at fair market value."

Section 2. The provisions of this Act shall apply only with respect to tax years beginning on or after January 1, 1979.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Lester of the 23rd moved that the Senate adopt the Conference Com mittee report on SB 350.

On the motion, 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 Fincher Foster

Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Langford Lester McGill Overby Paulk Pearce Riley Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

TUESDAY, MARCH 7, 1978

3183

Voting in the negative was Senator Kidd.

Those not voting were Senators:

Bond Duncan (excused conferee)

English Evans (excused conferee)

Reynolds (excused conferee)

On the motion, the yeas were 50, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on SB 350.

The following local bill of the Senate was taken up for the purpose of con sidering the House action thereto:

SB 648. By Senator Bell of the 5th:
A bill to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, as amended, so as to change the provisions relative to school board districts.

The House substitute to SB 648 was as follows:
A BILL
To be entitled an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, approved April 12, 1963 (Ga. Laws 1963, p. 3424), as amended by an Act approved March 2, 1966 (Ga. Laws 1966, p. 2810), and by an Act approved April 25, 1969 (Ga. Laws 1969, p. 3586), so as to change the provisions relative to school board districts; to change the provisions relative to the election of members of said Board of Education; to provide for all matters relative to the foregoing; to provide for a refer endum; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, approved April 12, 1963 (Ga. Laws 1963, p. 3424), as amended by an Act approved March 2, 1966 (Ga. Laws 1966, p. 2810), and by an Act approved April 25, 1969 (Ga. Laws 1969, p. 3586), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) There is hereby created in DeKalb County a Board of Education of seven members, and for the purpose of

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electing said members, there shall be five School Board Districts as follows:

School Board District No. 1 shall consist of that portion of DeKalb County lying without the corporate limits of the Cities of Atlanta and Decatur described as follows:

District No. 1.
DeKalb
Tracts 211, 212.01, 212.02, 212.03, 212.04, 213.01, 213.02, 213.03, 213.04, 214.01, 214.02, 214.03, 214.04 and 217.02.

School Board District No. 2 shall consist of that portion of DeKalb County lying without the corporate limits of the Cities of Atlanta and Decatur described as follows:
District No. 2.
DeKalb
Tracts 215, 216.01, 216.02, 216.03, 217.01, 218.01 Tract 220
Blocks 101 through 111, 115, 116, 201, 202, 203, 205 through 212, 401 through 413, 906, 907, 909 through 911
Tracts 221, 222, 223.01, 223.02, 224.01, 224.02, 224.03.
School Board District No. 3 shall consist of that portion of DeKalb County lying without the corporate limits of the Cities of Atlanta and Decatur described as follows:
District No. 3.
DeKalb
Tracts 218.02 and 219 Tract 220
Except Blocks 101 through 111, 115, 116, 201 through 203, 205 through 212, 401 through 413, 906, 907, 909 through 911.
Tracts 232, 233 and 234.02.
School Board District No. 4 shall consist of that portion of DeKalb County lying without the corporate limits of the Cities of Atlanta and Decatur described as follows:

District No. 4.
DeKalb
Tracts 229, 230, 231.01, 231.02, 231.03, 231.04, 234.01, 235.01, 235.02, 235.03, 236, 237, 238.01, 238.02 and 238.03.

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3185

School Board District No. 5 shall consist of the entire portion of DeKalb County lying outside the corporate limits of the Cities of Atlanta and Decatur and there shall be three Posts for said District to be designated Posts 1, 2 and 3. A member shall be elected from each of said Posts.

(b) For the purposes of subsection (a) of this Section, the word 'Tract' shall mean 'Census Tract.' The terms 'Census Tract' and 'Block' shall have the same meaning and describe 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.

(c) Any portion of DeKalb County lying without the cor porate limits of the Cities of Atlanta and Decatur which is not included in School Board Districts 1, 2, 3 or 4 described in sub section (a) of this Section shall be included within School Board Districts 1, 2, 3 or 4 contiguous to such portion which contains the least population according to the United States Decennial Census of 1970 for the State of Georgia."

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. (a) The members of the Board of Education of DeKalb County serving at the time this Act becomes effective by referendum approval shall continue to serve out the terms of office to which they were elected. Their successors shall be elected as provided for by subsections (b) and (c) of this Section, and they shall take office and serve for the term of office as provided for therein.

(b) The members of the Board of Education first elected, as hereinafter provided, from School Board Districts 2 and 3 and Post 1 of School Board District 5 shall be the successors to the incum bent members from the heretofore existing School Board Districts 2, 3 and 5, respectively. The first such members shall be elected at the general election held in 1980, and shall take office on the first day of January, 1981, for terms of four years and until their suc cessors are elected and qualified. Thereafter, future successors shall be elected at the general election immediately preceding the expiration of their terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.

(c) The members of the Board of Education first elected, as hereinafter provided, from School Board Districts 1 and 4, and Posts 2 and 3 of School Board District 5 shall be the successors to the incumbent members from the heretofore existing School Board Districts 1, 4, 6 and 7, respectively. The first such members shall be elected at the general election held in 1982 and shall take office on the first day of January, 1983, for terms of four years and until their successors are elected and qualified. Thereafter,

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JOURNAL OF THE SENATE,

future successors shall be elected at the general election immedi ately preceding the expiration of their terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified."

Section 3. Said Act is further amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. Members of the Board of Education provided for herein shall be nominated and elected in accordance with the pro visions of Code Title 34, known as the 'Georgia Election Code', as now or hereafter amended."

Section 4. 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. The Board of Education established herein shall consist of a member from each of the School Board Districts created by Section 1 of this Act. Each member of the Board of Education shall be elected by the qualified voters of DeKalb County residing within his respective School Board District. Each candidate for membership on said Board shall have been a resident of the School Board District which he offers to represent for at least one year as of the date of taking office. Any member of said Board shall immediately be disqualified to continue serving as a member of said Board of he ceases to be a resident of his School Board District or if he qualifies as a candidate for any other federal, State or county elective office. A candidate for election to said Board shall designate the School Board District and the Post, when applicable, for which he is offering as a candidate."
Section 5. It shall be the duty of the Board of Elections of DeKalb County to issue the call for an election for the purpose of submitting this Act to the voters of the DeKalb County school district for approval or rejection. The Board of Elections shall set the date of such election for the same date as the general election of 1978. The Board of Elections shall issue the call for such election at least 30 days prior to the date thereof. The Board of Elections shall cause the date and purpose of the election to be published once a week for two weeks immediately pre ceding the date thereof, in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act providing for School Board Dis tricts and providing for the election of the
( ) NO members of the DeKalb Board of Education from such Districts for terms of four years be approved ?"
All persons desiring to vote in favor of the Act shall vote "Yes", and those persons desiring to vote for rejection of the Act shall vote

TUESDAY, MARCH 7, 1978

3187

"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, as here inafter provided, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by DeKalb County. It shall be the duty of said Board of Elections to hold and conduct such election. It shall be the duty of said Board of Elections to canvass the returns and declare and certify the result of the election. It shall be the further duty of said Board of Elections to certify the result thereof to the Secretary of State.

Section 6. The provisions of this Act shall become effective for the purpose of holding the referendum election upon ils approval by the Governor or upon its becoming law without his approval. If this Act is approved at the referendum election provided for by Section 5 of this Act, the remaining provisions of this Act shall become effective January 1, 1979.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Bell of the 5th moved that the Senate agree to the House substitute to SB 648.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 648.

The following resolution and bill of the House and Senate were taken up for the purpose of considering the House action thereto:

HR 436. By Representatives Johnston, Tolbert and Butler of the 56th and others:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of his spouse and all other members of his family who reside at and occupy his homestead, doss not exceed $8,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his home stead owned and occupied by him as a residence; to provide for the submission of this amendment for ratification or rejection.

Senator Tysinger of the 41st moved that the Senate adhere to the Senate substitute to HR 436, and that a Conference Committee be appointed.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HR 436.

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JOURNAL OF THE SENATE,

The President appointed as a Conference Committee the following:

Senators Tysinger of the 41st, Scott of the 43rd and Stumbaugh of the 55th.

SB 378. By Senator Hudgins of the 15th:
A bill to amend the Gasoline Marketing Practices Act, so as to change and add definitions; to change and add certain provisions relating to what shall constitute violations; to provide for equitable relief; to change certain defenses; to change certain provisions relating to appli cability; to change certain designations; to provide for severability; to provide an effective date.

Senator Hudgins of the 15th moved that the Senate agree to the House substitute to SB 378.

Senator Ballard of the 45th moved that the House substitute to SB 378 be printed.

On the motion offered by Senator Ballard of the 45th, the yeas were 29, nays 0; the motion prevailed, and the House substitute to SB 378 was ordered printed. The action of the motion offered by Senator Hudgins of the 15th was postponed subject to the printing.

The following resolution and bill of the House, favorably reported by the committees, were read the third time and put upon their adoption:

HR 532. By Representatives Smyre of the 92nd, Connell of the 87th, Edwards of the 110th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for compensating innocent victims of crime; to authorize the General Assembly to provide for additional penalty assessments in criminal cases and provide that the proceeds derived therefrom may be used for the specific purpose of compensating innocent victims of crime; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section VIII, Paragraph XII of the Con stitution is hereby amended by adding at the end thereof a new para graph to read as follows:

TUESDAY, MARCH 7, 1978

3189

"9. The General Assembly is hereby authorized to provide by law for compensating innocent victims of crime. The General As sembly is authorized to define the types of victims eligible to receive compensation and to vary the amounts of compensation according to need. The General Assembly shall be authorized to appropriate funds to carry out the provisions of any law adopted pursuant to the authority of this paragraph. The General Assembly shall be further authorized to provide for the assessment of addi tional 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 certain or 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 compensating innocent victims of crime."

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 authorize the General Assembly to provide by
( ) NO law for compensating innocent victims of crime and to authorize the General Assembly to pro vide for additional penalty assessments in crim inal cases and provide that the proceeds derived therefrom may be used for the specific purpose of compensating innocent victims of crime?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this
State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks

Barker Barnes Bell

Bond Brantley Brown of 47th

3190
Carter Coverdell Dean of 6th Dean of 31st Eldridge Evans Fincher Gillis Hill Holloway Howard Hudgins

JOURNAL OF THE SENATE,

Hudson
Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds Riley Robinson Russell

Scott
Shapard Starr Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Broun of 46th Doss

Foster

Those not voting were Senators:

Duncan
(excused conferee) English Greene (excused conferee)

Johnson (excused conferee) Langford

Summers
Stephens (excused conferee) Traylor

On the adoption of the resolution, the yeas were 45, nays 4.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

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 definitions; to make certain acts relating to the sale or lease of housing accommo dations unlawful. 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 Ballard Banks

Barker Barnes Bell

Bond Brantley Broun of 46th

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3191

Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Evans Fincher Foster Gillis Greene Howard

Hudgins Hudson Johnson Kennedy Kidd Langford Lester Overby Paulk Pearce Riley Robinson Russell

Scott Shapard Starr Stumbaugh Summers
Sutton Tate Thompson Timmons Traylor Turner Tysinger Wessels

Those not voting were Senators:

Duncan (excused conferee) English Hill

Holloway McGill Reynolds (excused conferee)

Stephens (excused conferee) Walker

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bills and resolutions of the House and Senate were taken up for the purpose of considering the House action thereto:

HB 1320. By Representative Burruss of the 21st:
A bill to amend Code Title 45, known as the "Game and Fish Code", so as to change the provisions relative to legal weapons for hunting wild life.

Senator Gillis of the 20th moved that the Senate adhere to the Senate amend ments to HB 1320, and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate amendments to HB 1320.

The President appointed as a Conference Committee the following:

Senators Walker of the 19th, Barker of the 18th and Turner of the 8th.

SR 252. By Senators Foster of the 50th, Overby of the 49th and Brown of the 47th:
A resolution designating the lodge and conference center at Unicoi State Park as "The Amilee C. Graves Conference Center".

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JOURNAL OF THE SENATE,

The House substitute to SR 252 was as follows:

A RESOLUTION

Commending Mrs. Amilee C. Graves; and for other purposes.

WHEREAS, Mrs. Amilee C. Graves served with grace and dis tinction as the only Chairperson of the North Georgia Mountains Authority from its establishment in 1968 until its abolishment in 1973; and

WHEREAS, Mrs. Amilee C. Graves, through her abilities, commit ment and dedication, helped author and secure an Economic Devel opment Administration grant to construct many of the facilities at Unicoi State Park; and

WHEREAS, the lodge and conference center at Unicoi State Park represents a completely creative and unique outdoor recreational fa cility designed to preserve the local environment and skills and knowl edge of the people of north Georgia and to serve as an attractive outdoor recreation facility; and

WHEREAS, this facility has become the focal point for organized programs, conferences and retreats which help preserve the land, the people and their skills as envisioned by Mrs. Amilee C. Graves when the facility was originally planned; and

WHEREAS, Mrs. Amilee C. Graves has so well and wisely served the people and the mountains of north Georgia as Mayor of Clarkesville; as Editor of the Tri-County Advertiser; and as member, chair person and leader in numerous public and private organizations; and

WHEREAS, Mrs. Amilee C. Graves embodies those same strengths of the people and the mountains in her realistic, responsible and pro ductive life dedicated to preserving the best in humanity and the environment; and

WHEREAS, the General Assembly, acting in behalf of the citizens of Georgia, wishes to recognize the unique and outstanding contri butions made by Mrs. Amilee C. Graves to the people of this State.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body does hereby commend Mrs. Amilee C. Graves for her outstanding, creative and unique contribution to the State.

BE IT FURTHER RESOLVED that the Commissioner of the De partment of Natural Resources is hereby authorized and directed to designate a proper site in the Conference Center at Unicoi State Park to place a portrait and plaque suitably recognizing Mrs. Amilee C. Graves and her very human and important contributions to the people of this State and to Unicoi State Park.

TUESDAY, MARCH 7, 1978

3193

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropri ate copies of this Resolution to Mrs. Amilee C. Graves and to the Commissioner of the Department of Natural Resources.

Senator Overby of the 49th moved that the Senate agree to the House sub stitute to SR 252.

On the motion, 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 Fincher Gillis Greene Holloway Howard Hudson Johnson Kennedy Kidd Langford Overby Paulk

Pearce Reynolds Riley Robinson Russell Shapard Starr Summers Sutton Tate Thompson Turner Tysinger

Those not voting were Senators:

Duncan (excused conferee) English Evans (excused conferee) Foster Hill

Hudgins (excused conferee) Lester McGill Scott (excused conferee) Stephens (excused conferee)

Stumbaugh (excused conferee) Timmons Traylor Walker Wessels

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Sen ate agreed to the House substitute to SR 252.

SB 508. By Senator Greene of the 26th:
A bill to amend Code Chapter 45-3, relating to licenses and permits for hunting, trapping and fishing, so as to require persons born after a certain date to complete a hunter education course prescribed by the Board of Natural Resources in order to obtain a hunting license.

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JOURNAL OF THE SENATE,

The House amendments were as follows:

Amendment No. 1:

Amend SB 508 by inserting on line 24 of Page 1 in Section 1 im mediately after the words

"a certificate"

the phrase

", or other evidence the Department deems acceptable,".

Amendment No. 2:

Amend SB 508 by making a new subsection under Section 1 to be designated as subsection (i) which shall read as follows:

"The requirements of subsection (c) and (d) of Section 1 shall not apply to any person under the age of 12 years, nor shall it apply to any person hunting on his own land or that of his parents or legal guardian."

Amendment No. 3:

Amend SB 508 by adding a new Section 3 to read as follows:

"Confiscation of Equipment, (a) If a person takes big game while violating Code Section 45-509 prohibiting taking game on a public road or discharging a weapon across a public road by the discharge of a rifle or shotgun, and if such person was within an automobile or other motor vehicle at the time he discharged the rifle or shotgun while violating said Code Section 45-509 as afore said, then the automobile or other motor vehicle as well as the rifle or shotgun used in the commission of such act is hereby de clared to be contraband and forfeited to the State in the same manner and subject to the same procedures and requirements as provided by subsections (b) through (h) of Code Section 45-502, relative to the confiscation and condemnation of vehicles, boats, animals or firearms used in the hunting of deer at night.

(b) This Section shall not apply to any of the following per sons while engaged in pursuit of official duty or when authorized by Federal or State law, regulation or order: (1) peace officers; (2) wardens, superintendents, and keepers of prisons, peniten tiaries, jails, or other institutions for the detention of persons accused or convicted of an offense; (3) persons in the military service of the State or of the United States; (4) persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the loaded rifle or shotgun is necessary for manufacture, transport, installation, and testing under the requirements of such contract; and (5) district

TUESDAY, MARCH 7, 1978

3195

attorneys, investigators employed by and assigned to a district attorney's office, and assistant district attorneys.

A prosecution based upon a violation of this Section need not negative any exemptions."

and, renumber Section 3 and Section 4.

Senator Greene of the 26th moved that the Senate agree to the House amend ments to SB 508.

On the motion, 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 Doss Fincher

Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Lester Overby Paulk Pearce

Reynolds Riley Robinson Scott Shapard Starr Summers Sutton Tate Thompson Timmons Tysinger Wessels

Those voting in the negative were Senators:

Barnes Dean of 6th

Dean of 31st Eldridge

Russell Turner

Those not voting were Senators:

Duncan (excused conferee) English Evans (excused conferee) Foster

Holloway Langford McGill Stephens (excused conferee)

Stumbaugh (excused conferee) Traylor Walker

On the motion, the yeas were 39, nays 6; the motion prevailed, and the Senate agreed to the House amendments to SB 508.

Senator Johnson of the 34th moved that the Senate reconsider its action in defeating the following bill of the House:

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JOURNAL OF THE SENATE,

HB 1387. By Representatives Pilewicz of the 41st, Murray of the 116th, Karrh of the 106th and others:
A bill to amend an Act relative to relief from civil liability for persons who render emergency care at the scene of an accident without charge and in good faith so as to clarify that certain persons are relieved from liability for rendering emergency service at the scene of an accident without charge.

The President ruled the motion out of order stating that under Senate Rule 99, the motion must have been made immediately after the defeat of the bill.

The following general bills of the House, favorably reported by the committee, were read the third time and put upon their passage:
HB 1648. By Representative Isakson of the 20th:
A bill to amend an Act prohibiting the transportation of garbage, trash, waste or refuse across State or county boundaries under certain condi tions so as to require the permission of the governing authority of a county in which the garbage, trash, waste or refuse is collected. Senate Sponsor: Senator Ballard of the 45th.
The Senate Committee on Industry, Labor and Tourism offered the following substitute to HB 1648:
A BILL
To be entitled an Act to amend an Act prohibiting the transporta tion of garbage, trash, waste or refuse across State or county boundaries under certain conditions, approved April 5, 1971 (Ga. Laws 1971, p. 445), so as to require the permission of the governing authority of a county in which the garbage, trash, waste or refuse is collected; to provide that any grant of permission by a county governing authority for such trans portation shall constitute a license revocable by the county governing authority after notice to the licensee; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act prohibiting the transportation of garbage, trash, waste or refuse across State or county boundaries under certain condi tions, approved April 5, 1971 (Ga. Laws 1971, p. 445), is hereby amended by adding, following the word "located" at the end of Section 1, the following:
", and from the governing authority of the county in which the garbage, trash, waste or refuse is collected",

TUESDAY, MARCH 7, 1978

3197

and by adding a new sentence at the end of Section 1 thereof, to read as follows:

"A grant of permission by a county governing authority pur suant to the provisions of this Section shall constitute a license re vocable by the county governing authority at any time after written notice of such revocation is provided to the licensee or its agent or, in the event the licensee or its agent cannot be found within the county, five days after written notice of such revocation is mailed
by return receipt requested mail to the licensee at its last known mailing address.",

so that when so amended, Section 1 shall read as follows:

"Section 1. No person, firm or corporation (or employee of any municipality) shall transport, pursuant to a contract (oral or otherwise), garbage, trash, waste or refuse across State or county boundaries for the purpose of dumping same, whether or not it is to be dumped at a publicly or privately owned dump, unless per mission is first obtained from the governing authority of the county in which the dump is located and from the governing authority of the county in which the garbage, trash, waste or refuse is collected. A grant of permission by a county governing authority pursuant to the provisions of this Section shall constitute a license revocable by the county governing authority at any time after written notice of such revocation is provided to the licensee or its agent, or, in the event the licensee or its agent cannot be found within the county, five days after written notice of such revocation is mailed by return receipt requested mail to the licensee at its last known mailing
address."

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 28, 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 Barnes Bell Bond
Broun of 46th

Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss
Eldridge

Fincher Foster Gillis Greene Holloway Howard
Hudgins

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Hudson Johnson Kennedy Kidd Langford Lester McGill Overby

JOURNAL OF THE SENATE,

Paulk Riley Robinson Russell Scott Shapard Starr

Summers Sutton Timmons Traylor Turner Tysinger Wessels

Voting in the negative was Senator Thompson.

Those not voting were Senators:

Barker (excused conferee) Brantley Duncan (excused conferee) English

Evans (excused conferee) Hill Pearce (excused conferee) Reynolds
(excused conferee)

Stephens (excused conferee) Stumbaugh (excused conferee) Tate Walker (excused conferee)

On the passage of the bill, the yeas were 43, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1324. By Representatives Murphy of the 18th, Collins of the 144th, Harris of the 8th and Snow of the 1st:
A bill to amend an Act known as the "Georgia Administrative Procedure Act" so as to change the provisions relative to the notice required prior to the adoption, amendment or repeal of rules; to provide for notification of legislative committees; to provide for other matters relative thereto.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Rules offered the following substitute to HB 1324:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Ad ministrative Procedure Act", approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended by an Act approved March 26, 1965 (Ga. Laws 1965, p. 283), an Act approved March 10, 1966 (Ga. Laws 1966, p. 333), an Act approved April 14, 1967 (Ga. Laws 1967, p. 618), an Act approved April 21, 1967 (Ga. Laws 1967, p. 893), an Act approved March 5, 1968 (Ga. Laws 1968, p. 115), an Act approved April 14, 1975 (Ga. Laws 1975, p. 404), and an Act approved April 11, 1977 (Ga. Laws 1977, p. 1520), so as to change the provisions relative to the notice required prior to the adoption, amendment or repeal of rules; to provide for notification of legislative committees; to provide for other matters relative thereto;

TUESDAY, MARCH 7, 1978

3199

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 Administrative Procedure Act", approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended hy an Act approved March 26, 1965 (Ga. Laws 1965, p. 283), an Act ap proved March 10, 1966 (Ga. Laws 1966, p. 333), an Act approved April 14, 1967 (Ga. Laws 1967, p. 618), an Act approved April 21, 1967 (Ga. Laws 1967, p. 893), an Act approved March 5, 1968 (Ga. Laws 1968, p. 115), an Act approved April 14, 1975 (Ga. Laws 1975, p. 404), and an Act approved April 11, 1977 (Ga. Laws 1977, p. 1520), is hereby amended by striking paragraph (1) of subsection (a) of Section 4 in its entirety and inserting in lieu thereof a new paragraph (1) of sub section (a) of Section 4, to read as follows:

" (1) Give at least thirty (30) days' notice of its intended action. The notice shall include an exact copy of the proposed rule. It shall also include the exact date on which the agency shall consider the adoption of such rule and shall include the time and place in order that interested persons may present their views thereon. The notice shall also contain a citation of the authority pursuant to which the rule is proposed for adoption, and if the proposal is an amendment or repeal of an existing rule such rule shall be clearly identified. The notice shall be mailed to all persons who have requested in writing that they be placed upon a mailing list, which shall be maintained by the agency for advance notice of its rule-making proceedings and who have tendered the actual cost of such mailing as from time to time estimated by the agency."

Section 2. Said Act is further amended by striking from subsection (b) of Section 4 the words and figure "twenty (20)" and inserting in lieu thereof the word and figure "thirty (30)" so that when so amended subsection (b) shall read as follows:

" (b) If any agency finds that an imminent peril to the public health, safety or welfare (including but not limited to summary processes such as quarantines, contrabands, seizures and the like authorized by law without notice), requires adoption of a rule upon fewer than thirty (30) days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency rule. The rule may be effective for a period of not longer than 120 days but the adoption of an identical rule under subsections (a) (1) and (a) (2) of this Section is not pre
cluded."

Section 3. Said Act is further amended by striking subsection (d) of Section 4 in its entirety and inserting in lieu thereof a new subsection (d), to read as follows:

"(d) No rule hereafter adopted shall be valid unless adopted in

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JOURNAL OP THE SENATE,

exact compliance with subsections (a) and (e) of this Section and
in substantial compliance with the remainder of this Section. A proceeding to contest any rule on the ground of noncompliance with the procedural requirements of this Section must be commenced within two (2) years from the effective date of the rule."

Section 4. Said Act is further amended by striking subsection (e) of Section 4 in its entirety and inserting in lieu thereof a new subsection (e), to read as follows:

"(e) The agency shall transmit three copies of the notice pro vided for in paragraph (1) of subsection (a) of this Section to the Legislative Counsel. Such copies shall be transmitted at least thirty (30) days prior to the date of the agency's intended action. Within three days after receipt of such copies, if possible, the Legislative Counsel shall furnish the presiding officers of each House with a copy of such notice, and the presiding officers shall assign such notice to the appropriate standing committee in each House for review. In the event a presiding officer is unavailable for the pur pose of making such assignment within such time limitations, the Legislative Counsel shall assign the notice to the appropriate stand ing committee. Each standing committee of the Senate and the House of Representatives is hereby granted all the rights provided for interested persons and governmental subdivisions in paragraph (2) of subsection (a) of this Section."

Section 5. Said Act is further amended by striking subsection (f) of Section 4 in its entirety and inserting in lieu thereof a new subsection (f), to read as follows:

"(f) In the event a standing committee to which a notice is assigned as provided in subsection (e) files an objection to a pro posed rule prior to its adoption, and the agency adopts such pro posed rule over such objection, such rules may be considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of over riding said rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of any agency which adopts a proposed rule over such objection to so notify the presiding officers of the Senate and the House of Repre sentatives, the chairmen of the Senate and House committees to which such rule was referred and the Legislative Counsel within ten days after the adoption of such rule. In the event such resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General As sembly. It shall be the duty of the presiding officer of such other branch of the General Assembly to have such branch, within five days after the receipt of such resolution, to consider such resolution for the purpose of overriding such rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, such rule shall be void on the day after the adoption of such resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Gov ernor for his approval or veto. In the event of his veto, the rule shall

TUESDAY, MARCH 7, 1978

3201

remain in effect. In the event of his approval, the rule shall be void on the day after the date of his approval."

Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

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 Barnes Bell
Bond Brantley Broun of 46th Brown of 47th Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Evans Fincher Foster Gillis Greene Holloway Hudgins Johnson Kennedy Kidd Langford Lester Overby Paulk Riley

Russell Scott Shapard Stephens Stumbaugh Summers Sutton Thompson Timmons
Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Carter English Hill Howard (excused conferee)

Hudson McGill
Pearce (excused conferee) Reynolds (excused conferee)

Robinson (excused conferee) Starr Tate

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

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JOURNAL OF THE SENATE,

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has agreed to the Senate substitute as amended by the House on the following bill of the House:

HB 1874. By Representatives Ware of the 68th, Castleberry of the lllth, Argo of the 63rd and others:
A bill to amend an Act known as the "Georgia Residential Finance Au thority Act" so as to change the composition of the Authority; to specify qualifications for certain public members of the Authority; to provide for the appointment and the initial terms of the public members added by this Act.
The House insists on its position in substituting the following resolution of the Senate:
SR 289. By Senator Dean of the 6th:
A resolution proposing an amendment to the Constitution, so as to provide for periodic adjustment of the amount of personal exemptions under the Georgia Income Tax Law (Code Chapter 92-31) based upon cost-of-living factors; to provide for the submission of this amendment for ratification or rejection.
The House insists on its position in substituting, and has appointed a Com mittee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 140. By Senators Pearce of the 16th, Johnson of the 34th, Barnes of the 33rd and others:
A bill to create the Prosecuting Attorney's Retirement System; to pro vide for procedures, requirements and other matters relative thereto; to provide for certain penalties in connection therewith.

The Speaker has appointed on the part of the House the following members thereof: Representatives Buck of the 95th, Wilson of the 19th and Argo of the
63rd.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1838. By Representatives Hatcher of the 131st, Galer of the 97th and Marcus of the 26th:
A bill to amend Code Chapter 49-6, relating to the appointment of

TUESDAY, MARCH 7, 1978

3203

guardians for insane and certain other persons, so as to change certain references to other Code Sections being amended; to provide for full and fair hearings and notice; to provide for certain hearings and findings by a commission and the proceedings related thereto.
Senate Sponsor: Senator Ballard of the 45th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Evans Fincher Foster Gillis Greene Hill Holloway
Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby

Paulk Riley Robinson Shapard Starr Stephens Summers Sutton Thompson Timmons Traylor Turner Walker Wessels

Those not voting were Senators:

Barker Broun of 46th English Howard (excused conferee) Langford

Pearce (excused conferee) Reynolds (excused conferee) Russell

Scott (excused conferee) Stumbaugh (excused conferee) Tate Tysinger (excused conferee)

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following resolution of the Senate and bill of the House were taken up for the purpose of considering the House action thereto:

SR 289. By Senator Dean of the 6th: A resolution proposing an amendment to the Constitution, so as to pro-

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JOURNAL OF THE SENATE,

vide for periodic adjustment of the amount of personal exemptions under the Georgia Income Tax Law (Code Chapter 92-31) based upon cost-of living factors; to provide for the submission of this amendment for ratification or rejection.

Senator Dean of the 6th moved that the Senate adhere to its disagreement to the House substitute to SR 289, 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 disagreement to the House substitute to SR 289.

The President appointed as a Conference Committee the following:

Senators Dean of the 6th, Kennedy of the 4th and Gillis of the 20th.

HB 1232. By Representatives Toles of the 16th, Murphy of the 18th, Oldham of the 14th and others:
A bill to amend an Act known as the "Disabled Persons License Plates Act", approved April 13, 1973, so as to provide that certain deaf persons shall qualify for such license plates; to provide for other matters relative to the foregoing.

Senator Broun of the 46th moved that the Senate recede from the Senate substitute to HB 1232.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Bell Broun of 46th Brown of 47th Carter Doss Duncan Eldridge Fincher
Hill

Hudson Johnson Kennedy Kidd Lester McGill Paulk Riley Scott Starr

Stephens Stumbaugh Summers Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Banks Barnes Bond Brantley Coverdell

Dean of 31st Foster Holloway Howard Langford

Overby Robinson Shapard Sutton Tate

TUESDAY, MARCH 7, 1978

3205

Those not voting were Senators:

Barker Dean of 6th English
Evans (excused conferee)

Gillis Greene (excused conferee)
Hudgins (excused conferee)

Pearce (excused conferee) Reynolds
(excused conferee) Russell

On the motion, the yeas were 31, nays 15; the motion prevailed, and the Senate receded from the Senate substitute to HB 1232.

The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 1924. By Representatives Lambert of the 112th and Carrell of the 75th:
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 or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1924:
A BILL
To be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act which became effective without the signature of the Governor (Ga. Laws 1964, p. 771), so as to authorize the sale of distilled spirits or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities; to require approval of such sale at a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act which became effective without the signature of the Governor (Ga. Laws 1964, p. 771), is hereby amended by adding a new Section, to be known as Section 30A, to read as follows:
"Section 30A. (a) Notwithstanding any provision of this or any other law to the contrary and subject to the requirement of a referendum election as provided in subsection (b), the governing authority of any county having a population of not less than 9,705

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JOURNAL OF THE SENATE,

and not more than 9,905, according to the United States Decennial
Census of 1970 or any such future census, and the governing author ity of every municipality in each such county through proper reso
lution or ordinance shall authorize issuance of license to sell dis tilled spirits or alcoholic beverages by the drink, said sales being
for consumption on the premises, provided however, the premises are operated among other things as a restaurant serving food to the
general public with said food sales to be in excess of $100,000.00
per year or said premises may be premises of a private nonprofit club which has been in existence at least twelve months. Every such
governing authority shall have full power and authority to adopt all reasonable rules and regulations governing the qualifications and
criteria for the issuance of any such license provided they meet the criteria herein stated and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this Section, including but not limited to the regulation of hours of business, number and
types of employees, and other matters which may fall within the police powers of such counties and municipalities.

(b) No county or municipality shall be authorized to issue a license pursuant to the provisions of this Section unless the issuance of such licenses is approved by the voters of the county at a refer
endum election held for such purposes. The county governing au thority shall establish the date of the election, which shall be not less than 30 days after the call of the election, and shall notify the county elections superintendent of the governing authority's decision
as to the date. It shall be the elections superintendent's duty to issue the call for the election and to specify that the election shall be held on the date determined by the county governing authority. The elec tions superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of said county. The ballot shall
have written or printed thereon the following:

'( ) YES Shall the issuance to certain restaurants and ( ) NO organizations of licenses to sell distilled spirits
by the drink be approved?'

All persons desiring to vote in favor of issuance of the licenses shall vote 'Yes', and those persons opposed to issuance of the li censes shall vote 'No'. If more than one-half of the votes cast on such question are in favor of issuance of the licenses, then the li
censes may be issued in accordance with the provisions of this Sec tion, otherwise the licenses may not be issued and the question of the issuance of the licenses may not again be submitted to the voters of said county within 24 months immediately following the
month in which such election was held. It shall be the duty of the county elections superintendent to hold and conduct such election under the same rules and regulations as govern special elections, except as otherwise provided herein. It shall be his further duty to canvass the returns and declare and certify the result of the election and to certify the result thereof to the Secretary of State and to the State Revenue Commissioner. The expense of any such election shall
be borne by the county wherein the election was held.

TUESDAY, MARCH 7, 1978

3207

(c) Those persons who are duly licensed as wholesalers under the provisions of this Act shall be authorized to sell distilled spirits at wholesale to any person or persons licensed as provided in this Section, and the person or persons so licensed under this Section shall be authorized to purchase such distilled spirits from a licensed wholesaler at wholesale."

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 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 Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 6th

Doss Eldridge Evans Gillis Holloway Howard Hudson Kidd Lester Riley

Scott Stephens Stumbaugh Tate Timmons Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Barnes Brown of 47th Dean of 31st Duncan Fincher Foster Greene

Hill Johnson Kennedy Langford McGill Overby Paulk

Reynolds Robinson Shapard Starr Summers Sutton Thompson

Those not voting were Senators:

Barker English

Hudgins (excused conferee)

Pearce (excused conferee) Russell

On the passage of the bill, the yeas were 30, nays 21.

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JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1458. By Representatives Coleman of the 118th, Veazey of the 146th, Banner of the 130th and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act" so as to authorize the Peace Officer Standards and Training Council to develop, adopt and issue professional certificates; to provide an effective date.
Senate Sponsor: Senator Bell of the 5th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester Overby Paulk

Pearce Reynolds Robinson
Scott Shapard Starr Stephens Stumbaugh Tate Thompson Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Sutton.

Those not voting were Senators:

English Gillis Holloway

McGill Timmons Riley

Russell Summers

On the passage of the bill, the yeas were 47, nays 1.

The bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 7, 1978

3209

HB 2066. By Representative Rowland of the 119th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor" so as to authorize the sale of alcoholic beverages and liquors for consumption on the premises in certain clubs located in certain counties and municipalities.
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 Bell Bond Brantley Broun of 46th Coverdell Dean of 6th Doss Duncan

Eldridge Evans Gillis Holloway Howard Hudgins Kidd Lester McGill Pearce Riley

Scott Stephens Stumbaugh Summers Tate Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Barnes Brown of 47th Carter Dean of 31st Foster Greene

Johnson Kennedy Langford Overby Paulk

Robinson Shapard Starr Sutton Thompson

Those not voting were Senators:

Barker English Fincher Hill

Hudson Reynolds (excused conferee)

Russell Timmons

On the passage of the bill, the yeas were 32, nays 16.

The bill, having received the requisite constitutional majority, was passed.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

3210

JOURNAL OF THE SENATE,

The following bill of the House was taken up for the purpose of considering the House action thereto:

HB 1874. By Representatives Ware of the 68th, Castleberry of the lllth, Argo of the 63rd and others:
A bill to amend an Act known as the "Georgia Residential Finance Authority Act" so as to change the composition of the Authority; to specify qualifications for certain public members of the Authority; to provide for the appointment and the initial terms of the public members added by this Act.
The House amendment was as follows:
Amend the Senate substitute to HB 1874 as follows:
By striking everything beginning on line 23 on Page 1 and substi tuting therefor the following:
"'(a) Members of the Authority. The Authority shall be com posed of seven members as follows: three permanent members who shall be (1) the Governor, or in the event he is unable to attend a meeting, the Director of the Office of Planning and Budget; (2) the Director of the Financing and Investment Division of the Geor gia State Financing and Investment Commission; (3) the Commis sioner of the State Department of Community Affairs; and four public members. No two public members shall be residents of the same Congressional District. At least one of the public members appointed by the Governor shall reside outside of the Standard Metropolitan Statistical Areas of the State and at least one such public member shall reside within one of the Standard Metropolitan Statistical Areas of the State. Public members shall serve for fouryear terms, except as otherwise provided by law. Such public members shall continue in office until their successors have been appointed and qualified. In the event of a vacancy in the office of a public member by death, resignation or otherwise, the Governor shall appoint a successor to serve for the balance of the unexpired term. The public members of the Georgia Residential Finance Au thority shall be subject to the code of ethics covering members of boards, commissioners and Authorities heretofore adopted (Ga. Laws 1976, p. 344) and shall be subject to removal for violation thereof in the same manner (Ga. Laws 1976, p. 344). Any vacancy created by any such removal for cause shall be filled by the Governor. The Authority shall elect a Chairman who shall be chief executive officer of the Authority, and a Secretary. The members of the Authority may appoint an Executive Director, who shall be a person ex perienced in mortgage lending, home building or real estate develop ment. The Executive Director shall become an ex officio nonvoting member of the Authority. The members shall employ such technical and other personnel as may be necessary to the performance of the powers and duties of the Authority. A majority of members then in office shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the Authority. No vacancy in the Authority shall impair the right of a quorum to

TUESDAY, MARCH 7, 1&78

3211

exercise all the rights and perform all the duties of the Authority. Except for the issuance of debt, the Authority may delegate to one or more of its members, the Executive Director, agent or agents, or employees such power and duties as it may deem proper. The public members of the Authority shall be compensated in the amount of $50 per day, plus actual expenses incurred, for each day's service spent in the performance of the duties of the Authority; provided, however, such compensation shall be limited to 30 days during any one fiscal year, unless one of the public members is elected Chairman, in which event such compensation shall be limited to 100 days during any one fiscal year. The permanent members shall be reimbursed for actual expenses incurred in the performance of their duties under this Act.'
Section 2. The public members of the Georgia Residential Fi nance Authority in office on the effective date of this Act shall serve out the remainder of their respective terms and until their successors shall be appointed as provided by law. The public members added by Section 1 of this Act shall be appointed within 60 days after the effective date of this Act. Two of the initial appointments made by the Governor shall be for terms of two years and until their successors are appointed and qualified and the remaining two appointments shall be for terms of four years and until their suc cessors are appointed and qualified. Thereafter, successors to such public members shall be appointed for the terms of office as provided by law.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed."

Senator Gillis of the 20th moved that the Senate agree to the House amend ment to the Senate substitute to HB 1874.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood

Gillis

Ballard

Greene

Banks

Howard

Barker

Hudgins

Barnes

Hudson

Bell

Johnson

Bond

Kennedy

Brantley

Kidd

Broun of 46th

Langford

Brown of 47th

Lester

Carter

McGill

Coverdell

Overby

Dean of 6th

Paulk

Doss

Pearce

Eldridge

Reynolds

Evans

Riley

Foster

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:

Dean of 31st Duncan (excused conferee)

English Finch'er Hill

Holloway (presiding) Russell

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1874.

The following bill of the Senate was taken up for the purpose of considering House action thereto:

SB 378. By Senator Hudgins of the 15th:
A bill to amend the Gasoline Marketing Practices Act, so as to change and add definitions; to change and add certain provisions relating to what shall constitute violations; to provide for equitable relief; to change certain defenses; to change certain provisions relating to applicability; to change certain designations; to provide for severability; to provide an effective date.

The House substitute to SB 378 was as follows:
A BILL
To be entitled an Act to amend the Gasoline Marketing Practices Act, approved April 13, 1973 (Ga. Laws 1973, p. 438), so as to change and add certain provisions relating to what shall constitute violations; to provide for equitable relief; to change certain defenses; to change certain provisions relating to applicability; to change certain desig nations; 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. The Gasoline Marketing Practices Act, approved April 13, 1973 (Ga. Laws 1973, p. 438), is hereby amended by striking sub section (a) of Section 3 in its entirety and substituting in lieu thereof a new subsection (a) of Section 3 to read as follows:
"(a) 'automotive gasoline distributor' means any person, firm or corporation who is engaged in the sale, consignment or distribu tion of gasoline to automotive gasoline dealers pursuant to market ing agreements."
Section 2. Said Act is further amended by striking subsection (c) of Section 3 in its entirety and substituting in lieu thereof a new sub section (c) to read as follows:
"(c) 'marketing agreement' 'or agreement' means a written

TUESDAY, MARCH 7, 1978

3213

agreement, including a franchise, and all related written agreements, between an automotive gasoline distributor and an automotive gaso line dealer under which such dealer is supplied automotive gasoline for retail sale, or an agreement between an automotive gasoline dis tributor and an automotive gasoline dealer under which the auto motive gasoline dealer is granted the right to occupy premises owned, leased or controlled by the automotive gasoline distributor, for the puropse of engaging in the retail sale of gasoline of the automotive gasoline distributors."
Section 3. Said Act is further amended by adding immediately fol lowing subsection (d) of Section 3 a new subsection to be designated subsection (e) to read as follows:
"(e) 'automotive gasoline' or 'gasoline', as used in this Act, means octane rated fuels made from petroleum products for use in the propulsion of motor vehicles."

Section 4. Said Act is further amended by striking subsection (c) of Section 4 in its entirety and substituting in lieu thereof a new sub section (c) to read as follows:

"(c) by the use of coercion, intimidation or threats, to force or induce such gasoline dealer to deal exclusively in products manu factured, distributed or sponsored by such gasoline distributor or to participate in promotions. Hours of operations, which are set in any written agreement, in effect prior to July 1, 1978, can only be changed by mutual consent. It shall also be the duty of the distributor to advise the dealer in writing prior to execution of the agreement, the projected potential gallonage and the dealer shall acknowledge same in writing prior to execution of the marketing agreement that he is willing to accept same;".

Section 5. Said Act is further amended by striking subsection (h) of Section 4 in its entirety and substituting in lieu thereof the following:

"(h) to provide any term or condition in any marketing agree ment, or other agreement, ancillary or collateral thereto, which term or condition directly or indirectly violates this Act;

(i) after July 1, 1978, to require operation in excess of a sixday week and/or in excess of a twelve-hour day if the dealer can prove it results in substantially lessening the profits earned in his entire operation to the extent that it is not economically feasible to continue said operation; provided, however, that the provisions of this subsection shall in no way impair the obligation of contracts made prior to July 1, 1978; and provided, further, that the provi sions of this subsection shall not impair the writing of a contract for hours in excess of the hours expressed herein or to impair the right to enforce the hours contained in any contract until sufficient evidence is available to a dealer to exercise the rights hereinbefore provided; and provided, further, that the provisions of this sub section shall not be applicable to dealers or distributors who operate

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JOURNAL OF THE SENATE,

a food or convenience store in conjunction with the retail sale of automotive gasoline and related products:

(j) after July 1, 1978, to refuse to continue to deal with an automotive gasoline dealer with whom it has had a marketing agree ment for three years unless:

(1) the dealer fails to comply with conditions of such agree ment or fails to act in good faith in carrying out the terms of such agreement, or

(2) such automotive gasoline distributor's principal stockholder or principal operator dies during the term of any marketing agree ment, in which case such agreement may be refused renewal by the heirs giving notice as provided for in this Act, or
(3) the dealer has violated the laws of this State relative to the ownership or operation of retail businesses;
(k) after July 1, 1978, to refuse to continue to deal with an automotive gasoline dealer with whom it has had a marketing agree ment for three years if such automotive gasoline dealer satisfies the court in an action brought by the automotive gasoline dealer under this Section that such refusal to deal is not the product of the good faith business judgment of the automotive gasoline distributor."
Section 6. Said Act is further amended by adding at the end of Section 4 a new Section to be designated Section 4A to read as follows:
"Section 4A. It shall be an unlawful predatory and unfair busi ness practice for an automotive gasoline distributor who controls a product supply, controls the price of that product and has the power to require the purchase of that product by another automotive gaso line distributor or an automotive gasoline dealer doing business in this State to sell said product at prevailing automotive gasoline distributor prices at any time to another automotive gasoline dis tributor for resale to automotive gasoline dealers with the purpose or intent that said product will be sold at retail by said automotive gasoline distributor and fails to offer its automotive gasoline dealers an opportunity to purchase an equal volume of product upon the same terms and conditions, excepting expenses for advertising, credit cards and other expenses relative to its automotive gasoline dealers, when said automotive gasoline distributor is selling said product at distress prices to other automotive gasoline dealers in the dealer's marketing area."
Section 7. Said Act is further amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows:
"Section 5. Any automotive gasoline dealer may bring an action against its automotive gasoline distributor for violation of this Act in the superior court of the county where such distributor

TUESDAY, MARCH 7, 1978

3215

resides or, if the distributor is a corporation, in accordance with the provisions of Code Title 22, the Georgia Corporation Code, as amended, to recover damages sustained by reason of any violation of this Act; provided that the dealer shall show as a prerequisite to recovery under this Section that he has: (a) complied with the reasonable requirements of the marketing agreement; and (b) has acted in god faith in carrying out the terms of the marketing agree ment. The court may grant such equitable relief as is proper, in cluding declaratory judgment and injunctive relief. Attorneys' fees shall be controlled by Code Section 20-1404, as now or hereafter amended."
Section 8. Said Act is further amended by striking subsection (a) of Section 7 in its entirety and substituting in lieu thereof a new sub section (a) to read as follows:
"(a) It shall be a defense to any action brought under Section 5 that the marketing agreement was terminated or cancelled because the distributor is not receiving rental in accordance with the terms of the agreement or other legitimate business reason, provided, how ever, assumption by the distributor of the dealer's operation shall not be a legitimate business reason for cancellation.
Section 9. Said Act is further amended by striking the word "any" in subsection (b) of Section 7 and substituting in lieu thereof the word "the", so that when so amended subsection (b) shall read as follows:
"(b) No gasoline distributor may raise the defense set forth in subsection (a) of this Section to an action brought under Section 5 unless he shall have given to the gasoline dealer who brings such action the written notice required by Section 4(b) of this Act;".
Section 10. Said Act is further amended by striking subsection (c) of Section 7 in its entirety and substituting in lieu thereof a new sub section (c) to read as follows:

"(c) This defense is in addition to other defenses specified in this Act and defenses available under contract or provided by law."

Section 11. Said Act is further amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9 to read as follows:

"Section 9. This Act shall apply to all marketing agreements as defined in Section 3 (c) of this Act."

Section 12. Said Act is further amended by striking from Section 11 the following:
"(i)",

so that when so amended, Section 11 shall read as follows:

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JOURNAL OF THE SENATE,

"Section 11. Distributors' Cause of Action. Any gasoline dis tributor may bring action against the dealer for failing to fulfill the marketing agreement and said dealer shall be liable for rental return as outlined in Section 7(a). Attorneys' fees shall be controlled by Georgia Code Section 20-1404, as now or hereafter amended."

Section 13. The provisions of this Act are severable and, if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions of this Act.

Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 15. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Reynolds of the 48th moved that he be excused from voting on SB 378, stating that he had a personal interest in the results.

On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Reynolds of the 48th was excused from voting on SB 378.

Senator Brown of the 47th moved that he be excused from voting on SB 378, stating that he had a personal interest in the results.

On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Brown of the 47th was excused from voting on SB 378.

On the motion offered by Senator Hudgins of the 15th that the Senate agree to the House substitute to SB 378, said motion having been postponed previously in order that the substitute might be printed, 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 Carter Dean of 6th
Dean of 31st Doss
Eldridge

Evans Gillis Greene Hill Howard Hudgins Hudson Johnson Kidd
Langford Lester
McGill

Paulk Pearce Robinson Scott Shapard Starr Stephens Stumbaugh Sutton
Tate Thompson
Walker

TUESDAY, MARCH 7, 1978

3217

Those voting in the negative were Senators:

Barker Bell Coverdell Duncan Fincher

Foster Kennedy Overby Riley Summers

Timmons Traylor Turner Tysinger Wessels

Those not voting were Senators:

Brown of 47th (excused)

English Holloway (presiding)

Reynolds (excused) Russell

On the motion, the yeas were 36, nays 15; the motion prevailed, and the Senate agreed to the House substitute to SB 378.

The following bills of the Senate were taken up for the purpose of considering the House action thereto:

SB 73. By Senators Stumbaugh of the 55th, Johnson of the 34th and Sutton of the 9th:
A bill to require State officials and employees to submit itemized expense accounts in order to be reimbursed for expenses; to provide for the contents of such expense accounts; to require supporting documentation for expenses claimed; to provide for exceptions.

Senator Stumbaugh moved that the Senate recede from the Senate amendment to the House substitute to SB 73.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Banks Barker Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge

Evans Fincher Gillis Greene Hill Hudson Kennedy Kidd Langford Lester McGill Overby Paulk

Reynolds Riley Robinson Starr Stephens Stumbaugh Sutton Tate Timmons Traylor Turner Walker Wessels

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Ballard Barnes Bond

Foster Howard Johnson

Scott Shapard Tysinger

Those not voting were Senators:

Coverdell (excused conferee) English Holloway (presiding)

Hudgins Pearce (excused conferee) Russell

Summers Thompson (excused conferee)

On the motion, the yeas were 39, nays 9; the motion prevailed, and the Senate receded from the Senate amendment to the House substitute to SB 73.

SB 445. By Senators Johnson of the 34th, Barnes of the 33rd and Allgood of the 22nd:
A bill to amend an Act to comprehensively and exhaustively revise, supersede, and modernize appellate and other posttrial procedure in civil and criminal cases, as amended, so as to provide that the notice of appeal shall not serve as a supersedeas in child custody and habeas corpus cases; to provide an effective date.

The House amendment was as follows: Amend SB 445 by striking on lines 24 and 25 the words "and except in habeas corpus cases;" and
by striking on line 6, Page 1, the words "and habeas corpus"
from the caption and "and except in habeas corpus cases"
from line 19 and 20 of Page 1.

Senator Johnson of the 34th moved that the Senate disagree to the House amendment to SB 445.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 445.

The following general bills of the House, favorably reported by the committees were read the third time and put upon their passage:

TUESDAY, MARCH 7, 1978

3219

HB 1815. By Representative Adams of the 36th:
A bill to amend Code Chapter 84-40, relating to landscape architects, so as to enlarge the exemptions to include city, regional, or urban planners. Senate Sponsor: Senator Hudson of the 35th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Evans

Pincher Foster Gillis Greene Hill Howard Hudgins Hudson Kennedy Kidd Langford McGill Overby Reynolds Riley

Robinson Scott Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Broun of 46th English Holloway (presiding)

Johnson (excused conferee) Lester Paulk

Pearce (excused conferee) Russell Stephens (excused conferee)

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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 proceedings.
Senate Sponsor: Senator Banks of the 17th.

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JOURNAL OF THE SENATE,

The Senate Committee on Judiciary offered the following substitute to HB 543:

A BILL

To be entitled an Act to amend Code Section 61-302, relating to the service of the summons on a defendant in a dispossessory proceeding, as amended, so as to change the method of service of summons on the
defendant; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. Code Section 61-302, relating to the service of the sum mons on a defendant in a dispossessory proceeding, as amended, is hereby amended by striking subsection (a) in its entirety, which reads as follows:

"(a) When the affidavit provided for in Section 61-301 shall be made, the judge of the superior court or justice of the peace before whom it was made shall grant and issue a summons to the sheriff or his deputy, or any lawful constable of the county where the land lies, a copy of which, together with a copy of the affidavit, shall be personally served upon the defendant. If the sheriff is un able to serve the defendant personally, service may be given by delivering said summons and affidavit to any person sui juris re siding on the premises or, if no such person is found residing on the premises, by tacking a copy of said summons and affidavit on the door of the premises.",

and substituting in lieu thereof the following:

"(a) When the affidavit provided for in Section 61-301 shall be made, the judge of the superior court or such other court with jurisdiction over the subject matter, including the judge of any state court where the action arises or justice of the peace before whom it was made shall grant and issue a summons to the sheriff or his deputy, or any lawful constable of the county where the land lies, a copy of which, together with a copy of the affidavit, shall be per sonally served upon the defendant. If the sheriff is unable to serve the defendant personally, service may be had by delivering said summons and affidavit to any person sui juris residing on the premises or, after reasonable effort if no such person is found re siding on the premises, by tacking a copy of said summons and affidavit on the door of the premises and on the same day of such tacking, enclosing, directing, stamping and mailing by first class mail a copy of said summons and affidavit to the defendant at his last known address, if any, and making an entry of this action on
the affidavit filed in said case."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

TUESDAY, MARCH 7, 1978

3221

Section 3. 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 38, and the substitute was lost.

Senator Johnson of the 34th offered the following substitute to HB 543:
A BILL
To be entitled an Act to amend Code Title 61, relating to the law governing the landlord and tenant relationship, as amended, so as to change the method of service of summons on a tenant in a dispossessory proceeding; to include in the goods and property of a tenant subject to distress warrant proceedings mobile homes; to provide for other matters relative to landlords and tenants; 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 Title 61, relating to the law governing the land lord and tenant relationship, as amended, is hereby amended by striking subsection (a) of Code Section 61-302, relating to the service of the summons on a defendant in a dispossessory proceeding in its entirety, which reads as follows:
"(a) When the affidavit provided for in Section 61-301 shall be made, the judge of the superior court or justice of the peace before whom it was made shall grant and issue a summons to the sheriff or his deputy, or any lawful constable of the county where the land lies, a copy of which, together with a copy of the affi davit, shall be personally served upon the defendant. If the sheriff is unable to serve the defendant personally, service may be given by delivering said summons and affidavit to any person sui juris residing on the premises or, if no such person is found residing on the premises, by tacking a copy of said summons and affidavit on the door of the premises.",
and substituting in lieu thereof the following:
"(a) When the affidavit provided for in Section 61-301 shall be made, the judge of the superior court or such other court with jurisdiction over the subject matter, including the judge of any State court where the action arises or justice of the peace before whom it was made shall grant and issue a summons to the sheriff or his deputy, or any lawful constable of the county where the land lies, a copy of which, together with a copy of the affidavit, shall be personally served upon the defendant. If the sheriff is unable to serve the defendant personally, service may be had by delivering said summons and affidavit to any person sui juris re-

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JOURNAL OF THE SENATE,
siding on the premises or, after reasonable effort if no such person is found residing on the premises, by tacking a copy of said sum mons and affidavit on the door of the premises and on the same day of such tacking, enclosing, directing, stamping and mailing by first class mail a copy of said summons and affidavit to the defendant at his last known address, if any, and making an entry of this action on the affidavit filed in said case."
Section 2. Said Code Title is further amended by adding at the end of Code Chapter 61-4, relating to distress warrants, a new Section to be designated Code Section 61-413, to read as follows:
"61-413'. Tenant's mobile home included in the terms 'goods' and 'property'.--For the purposes of this Code Chapter, the terms 'goods' and 'property' shall include a tenant's mobile home. The term 'mobile home' as used in this Section means a movable or portable dwelling over 32 feet in length and over 8 feet wide, constructed to be towed on its own chassis and to be connected to utilities and designed without a permanent foundation for yearround occupancy. For the purposes of this Section, a mobile home may consist of one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity or may consist of two or more units separately towable but designed to be joined into one integral unit."
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 offered by Senator Johnson of the 34th, 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 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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th

Dean of 31st Duncan Eldridge Evans Fincher Foster Gillis Greene Hill

Howard Hudson Kennedy Kidd Langford Lester Overby Paulk Pearce

TUESDAY, MARCH 7, 1978

3223

Reynolds Robinson Scott Shapard Starr

Stumbaugh Summers Button Tate Thompson

Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Dean of the 6th.

Those not voting were Senators:

Ballard (excused conferee) Carter Coverdell (excused conferee) Doss

English Holloway (presiding) Hudgins (excused conferee) Johnson (excused conferee)

McGill Riley Russell Stephens (excused conferee) Timmons

On the passage of the bill, the yeas were 42, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.
The following resolution of the House was taken up for the purpose of considering the Conference Committee report thereon:

HR 436. By Representatives Johnston, Tolbert and Butler of the 56th, and others:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of his spouse and all other members of his family who reside at and occupy his homestead, does not exceed $8,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his home stead owned and occupied by him as a residence; to provide for the submission of this amendment for ratification or rejection.

The Conference Committee report was as follows:

The Conference Committee on House Resolution 436 recommends that the Senate recede from its position and that House Resolution 436 be adopted as it passed the House of Representatives.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE:

James W. Tysinger Senator, 41st District
Thomas R. Scott Senator, 43rd District

/s/ Cas Robinson Representative, 58th District
/s/ Mike Lenderman Representative, 53rd District

/s/ Lawrence Stumbaugh Senator, 55th District

/s/ Joe J. Johnston Representative, 56th District

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JOURNAL OP THE SENATE,

Senator Stumbaugh of the 55th moved that the Senate adopt the Conference Committee report on HR 436.

On the motion, 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 Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Evans

Fincher
Foster Gillis
Greene Hill Howard Hudson Kennedy Kidd Langford Lester Overby Paulk Reynolds

Robinson
Scott Shapard Starr Stumbaugh Summers Sutton Tate Thompson
Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard (excused conferee) Brown of 47th Carter English Holloway (presiding)

Hudgins (excused conferee) Johnson (excused conferee) McGill Pearce (excused conferee)

Riley Russell Stephens (excused conferee) Timmons

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HR 436.

The President resumed the Chair.

The following resolution and bill of the House, favorably reported by the committees, were read the third time and put upon their passage:

HR 30. By Representatives Walker of the 115th, Waddle of the 113th, Watson of the 114th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to exempt from the return of, or payment of the ad valorem tax on, certain intangible personal property under certain

TUESDAY, MARCH 7, 1978

3225

circumstances; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding immediately preceding the last paragraph thereof the following:

"Subject to the conditions and limitations provided by law, a taxpayer may be ^exempted from the return of, or payment of the ad valorem tax on, intangible personal property when the reas onable costs, as specified by law, of receiving, processing, and other administration of an intangible personal property tax return ex ceeds the liability of the taxpayer for the tax."

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 the General Assembly to exempt from
( ) NO the return of, or payment of the ad valorem tax on, intangible personal property when the reas onable costs, as specified by law, of receiving, processing, and other administration of an in tangible personal property tax return exceeds the liability of the taxpayer for the tax?"
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 Banks Barker

Barnes Bell Bond

Brantley Brown of 47th Carter

3226
Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Gillis Greene Hill Holloway Howard Hudson

JOURNAL OF - THE-SENATE,

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:

Ballard (excused conferee) Broun of 46th English

Evans (excused conferee) Hudgins (excused conferee)

Johnson (excused conferee)

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

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 quali fies for exemption from the licensing requirements of said Act.
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 Banks Barker

Barnes Bell Bond

Brantley Brown of 47th Carter

Coverdell Dean of 6th
Dean of 31st Doss Eldridge Evans Fincher Foster Gillis
Greene Hill Holloway Howard

, MARCH 7; 1978

3227

Hudson Kennedy
Kidd Langford Lester Overby Paulk Pearce Reynolds
Riley Robinson Russell Scott

Shapard Starr
Stephens Stumbaugh Summers Sutton Tate Thompson Timmons
Turner Tysinger Wessels

Those not voting were Senators:

Ballard (excused conferee) Broun of 46th Duncan (excused conferee)

English Hudgins (excused conferee) Johnson (excused conferee)

McGill Traylor Walker

On the passage of the bill, the yeas were 47, 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, as amended, by the requisite constitutional majority the following bill 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, quali fication 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.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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

3228

JOURNAL OF THE SENATE,

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 com pensation.

The following resolutions of the House, favorably reported by the committees, were read the third time and put upon their adoption:

HR 656. By Representatives Coleman of the 118th, Foster of the 152nd, Keyton of the 143rd and others:
Senate Sponsor: Senator Kidd of the 25th.
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for funds, insurance or a fund or a combination thereof for the purpose of providing indemnification with respect to the death of any law enforce ment officer, fireman or prison guard killed in the line of duty; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section VIII, Paragraph XII of the Constitu tion is hereby amended by striking paragraph 7. in its entirety and inserting in lieu thereof a new paragraph 7. to read as follows:
"7. The General Assembly is hereby authorized to provide by law for a program of indemnification with respect to the death of any law enforcement officer, fireman or prison guard who is or has been killed in the line of duty subsequent to January 1, 1973. Such law may provide for the method of payment of such indemni fication and all other matters relative thereto; provided, that no such law may provide an indemnification with respect to the death of a law enforcement officer, fireman or prison guard which is in excess of $50,000. The General Assembly is hereby authorized to levy taxes and to appropriate State funds, to provide for insur ance, to provide for a continuing fund or to provide for a combi nation thereof for the purpose of providing payment of such indemnification and for the purpose of implementing any law which has been or shall be enacted pursuant to the provisions of this paragraph."
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:

TUESDAY, MARCH 7, 1978

3229

"( ) YES Shall the Constitution be amended so as to provide for funds, insurance or a fund or a
( ) NO combination thereof for the purpose of providing indemnification with respect to the death of any law enforcement officer, fireman or prison guard killed in the line of duty?"

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Evans Fincher

Foster Gillis Greene Hill Holloway Howard Hudson Kennedy Kidd Langford Overby Paulk Pearce Reynolds Riley

Russell
Scott Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard (excused conferee) Dean of 6th Duncan (excused conferee)

English Hudgins (excused conferee) Johnson (excused conferee) Lester

McGill Robinson (excused conferee)
Stephens (excused conferee)

On the adoption of the resolution, the yeas were 46, nays 0.

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JOURNAL OF THE SENATE,

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 459. By Representative Adams of the 36th:
A resolution changing the scheduled termination date of the State Building Administrative Board. Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following substitute to HR 459:
A RESOLUTION
Changing the scheduled termination date of the State Building Administrative Board; and for other purposes.
WHEREAS, an Act known as "The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies", approved March 24, 1977 (Ga. Laws 1977, p. 961), provides for the termination of the State Building Administrative Board on July 1, 1978, unless such Board is continued or reestablished; and
WHEREAS, the review of the State Building Administrative Board pursuant to the Act cited above indicates said Board should be continued one year in order to give further consideration to the func tions of said Board and possibly combine its functions with other regulatory boards or assign its functions to one or more existing agencies or departments.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the termination date of the State Building Administrative Board as set forth in subsection (a) of Section 7 of "The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies", approved March 24, 1977 (Ga. Laws 1977, p. 961) is hereby changed from July 1, 1978, to July 1, 1979.
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 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 Banks Barker

Barnes Bell Bond

Brantley Broun of 46th Brown of 47th

Carter
Coverdell Dean of 31st Doss Duncan Eldridge Evans Fincher Foster Gillis Greene Hill Howard

TUESDAY, MARCH 7, 1978

3231

Hudson
Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds Riley Russell Scott Shapard

Starr
Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard (excused conferee) Dean of 6th English Holloway Hudgins (excused conferee)

Johnson (excused conferee) Pearce (excused conferee)

Robinson (excused conferee) Traylor

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

HB 1304. By Representative Taggart of the 125th:
A bill to provide that the Commissioner of Revenue shall have authority to license and regulate the sale of all alcoholic beverages in bona fide private clubs in this State; to define the term "Club" for licensing pur poses; to provide license fees equal to those required of public licensed places of business.

The Conference Committee report on HB 1304 was as follows:
Mr. Speaker: Mr. President:
Your Conference Committee on House Bill 1304 has met and rec ommends the following:
(1) That the Senate and House both recede from their respective positions.

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JOURNAL OP THE SENATE,

(2) That the attached Conference Committee Substitute to House Bill 1304 be adopted.

FOR THE SENATE
/s/ Culver Kidd Senator, 25th District
W. Lee Robinson Senator, 27th District
Lawrence Stumbaugh Senator, 55th District

Respectfully submitted,
FOR THE HOUSE
/s/ Tom Taggart Representative, 125th District
/s/ J. Roy Rowland Representative, 119th District
/s/ Randolph C. Karrh Representative, 106th District

Conference Committee substitute to HB 1304:
A BILL
To be entitled an Act to provide that the Commissioner of Revenue shall have authority to license and regulate the sale of all alcoholic beverages in bona fide private clubs in this State; to define the term "club" for licensing purposes; to provide license fees equal to those required of public licensed places of business; to provide for the pay ment of local excise taxes; to provide for the collection of such taxes; to provide for all matters relative to the foregoing; to authorize the governing authority of any county or municipality to approve the sale of alcoholic beverages; to provide for elections to determine whether or not such sales shall be allowed; to provide that the governing authorities of the political subdivision concerned shall be authorized to conduct a special referendum election for the purpose of nullifying the previous elections at the expiration of two years from the date of the previous election; to provide for practices and procedures; to pro vide 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. Any provisions of the law to the contrary notwith standing, the Commissioner of Revenue is hereby authorized to issue alcoholic beverage licenses to bona fide private clubs, as defined herein, in any county or municipality within the State, and to promulgate reg ulations he deems necessary for the proper enforcement of the provisions of this Act after the approval of such authority as provided in Section 6 hereof. Such license shall authorize the sale of alcoholic beverages for beverage purposes by the drink, for consumption on the premises only.
Section 2. The term "club" shall mean a nonprofit association organized and existing under the laws of the State of Georgia, which has been in existence for a period of at least one (1) year prior to the filing of its application for a license hereunder, which has at least

TUESDAY, MARCH 7, 1978

3233

seventy-five (75) members regularly paying dues, organized and oper ated exclusively for pleasure, recreation and other nonprofit purposes, no part of the net earnings of which inures to the benefit of any shareholder or member, and owning, hiring or leasing a building or space therein for the reasonable use of its members with suitable kitchen and dining room space and equipment, and maintaining and using a sufficient number of employees for cooking, preparing and serving meals for its members and guests; provided that no member or officer, agent or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation any profits from the sale of spirituous liquors, wines, champagnes or malt beverages beyond the amount of such salary as may be fixed for him by its members at a prior annual meeting or by the governing body out of the general rev enue of the club. For the purposes of this Section, tips which are added to the bills under club regulations shall not be considered as profits hereunder.

Section 3. The license fees for a club, as herein defined, shall be the same fees as provided by law for the sale of alcoholic beverages in public licensed places of business, and in addition a prelicense investi gation fee of one hundred dollars ($100.00) shall be required.

Section 4. When any such license as herein provided is issued by the Commissioner of Revenue for the sale of distilled spirits by the drink, for consumption on the premises to a private club as herein defined, within the corporate limits of any municipality in this State, such municipalities are hereby authorized and directed to impose an excise tax, in addition to the excise taxes presently levied by the State of Georgia, in the sum of eighty cents ($.80) per wine gallon on spir ituous liquors, excluding fortified wine and in the event such license is issued for such sales in the unincorporated areas of any county in this State, such counties are hereby authorized and directed to impose an excise tax in the same amount as herein provided for municipalities. Local excise taxes as herein provided shall be imposed upon and shall be paid by the licensed wholesale dealer in distilled spirits and the State Revenue Commissioner is hereby authorized to promulgate rules and regulations he deems necessary to carry out the provisions of this Section for the payment of such taxes. Such taxes shall be imposed and collected monthly on distilled spirits sold or disposed of within the particular taxing jurisdiction. An excise tax of not more than 3% may be imposed by municipalities or counties on the sale of mixed drinks where authorization results from approval of this Act.

Section 5. The Commissioner of Revenue is herewith authorized to promulgate such reasonable regulations as may be necessary and appropriate, consistent with this Act, to regulate the sale, possession and use of alcoholic beverages in private clubs in this State. Nothing herein shall be construed to limit the licensing and regulatory authority of any city or county of this State in which the sale of alcoholic bever ages in public licensed places of business may be authorized as otherwise provided by law. In addition, any city or county is hereby authorized to license and regulate any bona fide private club located within the licensing and regulatory jurisdiction of any such city or county.

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Section 6. (a) The governing authority of any county or munici pality may approve the sale of alcoholic beverages by adopting an appropriate resolution or ordinance, as the case may be, which shall authorize the sale of alcoholic beverages for beverage purposes by the drink, for consumption on the premises only, in private clubs. In addition to the authority granted by this subsection, the governing authority of any county or municipality may authorize the sale of alcoholic beverages for beverage purposes by the drink, for consumption on the premises only, in accordance with the provisions of subsection (b) or (c) of this Section.

(b) The governing authority of any county or municipality may, in its discretion, direct the judge of the probate court, in the case of a county, or the mayor of any municipality, in the case of a municipality, to iss'ue the call for an election to determine if the sale of alcoholic beverages for beverage purposes by the drink, for consumption on the premises only, as herein provided shall be allowed. The judge of the probate court or mayor shall call a special election at least thirty (30) days prior to the date of such election and shall publish the notice of the call of the election in the official gazette of the county once a week for two weeks preceding the election. Such county election shall be held according to the rules and regulations governing special elections contained in Code Title 34, the Georgia Election Code, as amended, and may be held at the time of holding any other primary or election in said county. Any such municipal election shall be held according to the rules and regulations governing special elections contained in Code Title 34A, the Georgia Municipal Election Code, as amended, and may be held at the time of holding any other primary or election in said mu nicipality. The returns of the election held hereunder shall be made wHViin three days after the election to the election superintendent who shall ascertain and declare the result after the receipt of the returns. The ballot in such election shall have written or printed thereon:
"( ) YES Shall alcoholic beverages for beverage purposes by the drink, for consumption on the premises
( ) NO only, be allowed in private clubs?"
Those desiring to vote in favor of the sale of alcoho'ic beverages in private clubs shall vote "Yes". Those desiring to vote against the sale of alcoholic beverages in private clubs shall vote "No". If at such elec tion a majority of the votes cast shall be in favor of the sale of alcoholic beverages in private clubs, such sale shall be permitted in accordance with the provisions of this Act. If at such election a majority of the votes cast shall be against the sale of alcoholic beverages in private clubs, such sale in such political subdivision shall be prohibited as is now provided by law. No election provided for herein shall be held within two years after the date of the declaration of the result of the previous election for such purpose under this Act. The local govern mental authority must approve any license within its jurisdiction before issue of such license.
(c) Upon a petition signed by at least twenty percent (20%) of the registered voters of the political subdivision concerned, qualified to vote at the general election immediately preceding the presentation of

TUESDAY, MARCH 7, 1978

3235

the petition, being filed with the judge of the probate court of any county, in the case of a county, or with the mayor of any municipality, in the case of a municipality, such judge of probate court or mayor shall call a special election at least thirty (30) days prior to the date of such election and shall publish the notice of^the call of the election in the official gazette of the county once a week for two weeks preced ing the election. The purpose of said election provided for herein shall be to determine whether or not the sale of alcoholic beverages for beverage purposes by the drink, for consumption on the premises only, as herein provided shall be allowed. Such county election shall be held according to the rules and regulations governing special elections con tained in Code Title 34, the Georgia Election Code, as amended, and may be held at the time of holding any other primary or election in said county. Any such municipal election shall be held according to the rules and regulations governing special elections contained in Code Title 34A, the Georgia Municipal Election Code, as amended, and may be held at the time of holding any other primary or election in said municipality. The returns of the election held hereunder shall be made within three days after the election to the election superintendent who shall ascertain and declare the result after the receipt of the returns. The ballot in such election shall have written or printed thereon:

"( ) YES Shall alcoholic beverages for beverage pur poses by the drink, for consumption on the
( ) NO premises only, be allowed in private clubs?"

Those desiring to vote in favor of the sale of alcoholic beverages in private clubs shall vote "Yes". Those desiring to vote against the sale of alcoholic beverages in private clubs shall vote "No". If at such election a majority of the votes cast shall be in favor of the sale of alcoholic beverages in private clubs, such sale shall be permitted in accordance with the provisions of this Act. If at such election a majority of the votes cast shall be against the sale of alcoholic beverages in pri vate clubs, such sale in such political subdivision shall be prohibited as is now provided by law. No election provided for herein shall be held within two years after the date of the declaration of the result of the previous election for such purposes under this Act. In any county or municipality which has at any time held an election in accordance with the provisions of this Act, resulting in the majority of the votes bein? cast in favor of the sale of alcoholic beverages in private c'ubs, the judge of the probate court of such county or the mayor of such mu nicipality, upon a petition signed by at least twenty percent (20%) of the registered qualified voters of the political subdivision concerned, shall proceed to call another election in the same manner as herein before provided in this Section, for the purpose of nul'ifying the pre vious election; however, no such election shall be called or had within two years after the date of the declaration of the result of the previous election had for such purpose under this Act. The local governmental authority must approve any license within its jurisdiction before issue of such license.
Section 7. 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,

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JOURNAL OF THE SENATE,

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 de clares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged
invalid or unconstitutional.

Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kidd of the 25th moved that the Senate adopt the Conference Com mittee report on HB 1304,

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Bond Brantley Dean of 6th Doss

Duncan Hill Kidd Pearce

Russell Stephens Timmons

Those voting in the negative were Senators:

Allgood Ballard Banks Barker
Barnes Bell Broun of 46th Brown of 47th
Carter Coverdell Dean of 31st
Eldridge Evans Fincher

Foster Gillis Greene Holloway Howard Hudson Kennedy Langford Lester
McGill Overby Paulk Reynolds Riley

Robinson
Scott Shapard Starr Stumbaugh Summers Sutton Tate Thompson
Traylor Turner Tysinger
Walker Wessels

Those not voting were Senators:

English

Hudgins (excused conferee)

Johnson (excused conferee)

On the motion, the yeas were 11, nays 42; the motion was lost, and the Conference Committee report on HB 1304 was rejected.

TUESDAY, MARCH 7, 1978

3237

The President appointed as a Second Conference Committee on HB 1304 the following:

Senators Robinson of the 27th, Doss of the 52nd and Allgood of the 22nd.

The following bill of the Senate was taken up for the purpose of considering the House action thereto:

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, quali fication 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.

The House amendment was as follows:
Amend SB 264 by inserting between lines 4 and 5 of Page 12 the following:
"for receiving application, issuing marriage license, and re cording (whole service), $10.00.", and
by inserting, following the word "Section" on line 19 of Page 12, wherever the same shall appear, the following:
"24", and
by inserting, preceding the number on line 21 of Page 12, the fol lowing:
"24."

Senator Pearce of the 16th moved that the Senate agree to the House amend ment to SB 264.

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 Coverdell Dean of 6th

Dean of 31st Doss Eldridge Evans Fincher Foster

3238
Gillis Greene Hill Holloway Howard Hudson Kennedy Kidd Langford Lester McGill

JOURNAL OF THE SENATE,

Overby Paulk Pearce Reynolds Riley Robinson Russell Scott Shapard Stephens Stumbaugh

Summers Button Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Duncan (excused conferee)

English Hudgins (excused conferee)

Johnson (excused conferee) Starr

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 264.

The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 1905. By Representative Adams of the 36th:
A bill to amend Code Section 88-3111, relating to exemptions from certain provisions regulating ambulance services, so as to exempt certain emergency vehicles.
Senate Sponsor: Senator Hudson of the 35th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan

Eldridge Evans Fincher Foster Greene Hill Holloway Hudson Kennedy Kidd Langford

Lester McGill Overby Paulk Reynolds Riley Robinson Russell Scott Shapard Starr

Stephens Stumbaugh
Summers Sutton

TUESDAY, MARCH 7, 1978

3239

Tate Thompson
Traylor Turner

Tysinger Walker Wessels

Those not voting were Senators:

Ballard (excused conferee) Banks (excused conferee) Barker Bond Dean of 6th

English Gillis Howard (excused conferee) Hudgins (excused conferee)

Johnson (excused conferee) Pearce (excused conferee) Timmons

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1461. By Representative Richardson of the 52nd:
A bill to amend an Act providing for the licensure of applied psycholo gists so as to provide for continuing education as a condition for license renewal; to provide an effective date.
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 Dean of 31st Doss Eldridge

Evans Fincher Foster Gillis Greene Hill Holloway Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds Riley

Robinson Russell Scott Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker Wessels

3240

JOURNAL OF THE SENATE,

Those not voting were Senators:

Duncan (excused conferee) English Howard (excused conferee)

Hudgins (excused conferee) Hudson Johnson (excused conferee)

Pearce (excused conferee)
Starr Timmons

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1665. By Representatives Murphy of the 18th, Vaughn of the 57th, Connell of the 87th and others:
A bill to amend an Act authorizing tuition grants under certain condi tions to students in the State-supported military college so as to increase the amount of tuition grants; to provide an effective date.
Senate Sponsor: Senator Doss of the 52nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Evans Fincher Foster Gillis Greene Holloway Kennedy Kidd Langford Lester McGill Paulk Reynolds Riley Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Ty singer Walker Wessels

Voting in the negative was Senator Overby.

TUESDAY, MARCH 7, 1978

3241

Those not voting were Senators:

Ballard (excused conferee) English Hill Howard (excused conferee)

Hudgins (excused conferee) Hudson Johnson (excused conferee)

Pearce (excused conferee) Timmons

On the passage of the bill, the yeas were 46, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1428. By Representatives Richardson of the 52nd, Patten of the 149th, Marcus of the 26th and others:
A bill to amend an Act regulating the practice of speech pathology and audiology so as to change the list of names from which persons may be appointed as Board members; to change certain powers and duties of the Board.
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 Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan

Eldridge Fincher Foster Gillis Greene Holloway Howard Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds

Riley Russell Scott Shapard Starr Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker Wessels

3242

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Those not voting were Senators:

English Evans (excused conferee) Hill Hudgins (excused conferee)

Hudson Johnson (excused conferee) Pearce (excused conferee)

Robinson (excused conferee) Stephens (excused conferee) Timmons

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1840. By Representatives Ware of the 68th, Argo of the 63rd, Castleberry of the lllth and others:
A bill to amend an Act to create an Authority to be known as the Georgia Residential Finance Agency so as to change the proportion of units financed by the agency which must be located inside or outside the Standard Metropolitan Statistical Areas of the State.
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 Fincher Foster
Greene Howard Kennedy Kidd Langford
Lester McGill
Overby Paulk Reynolds Riley Robinson

Those not voting were Senators:

Duncan (excused conferee) English Evans (excused conferee) Gillis

Hill Holloway Hudgins (excused conferee) Hudson

Russell Scott Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels
Johnson (excused conferee) Pearce (excused conferee) Stephens (excused conferee)

TUESDAY, MARCH 7, 1978

3243

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1628. By Representatives Buck of the 95th, Thompson of the 93rd, Hatcher of the 131st and Walker of the 115th:
A bill to amend an Act providing the procedures for the creation of liens in behalf of hospitals so as to extend the time for filing liens.
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 Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Evans Fincher Foster Greene Howard Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Russell Scott Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Tysinger Walker Wessels

Those not voting were Senators :

Bond English Gillis Hill Holloway

Hudgins (excused conferee) Johnson (excused conferee)

Stephens (excused conferee) Turner

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 1477. By Representative Beck of the 148th:
A bill to amend Code Section 24-820, relating to fees of constables, so as to change the fees for service of summons. 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 Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Evans Pincher Foster Greene Hill Howard Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Riley Robinson Russell Scott Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Wessels

Those not voting were Senators:

Ballard (excused conferee) Bond English Gillis Holloway

Hudgins (excused conferee) Johnson (excused conferee) Reynolds (excused conferee)

Stephens (excused conferee) Traylor Walker

On the passage of the bill, the yeas were 45, 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 514. By Senators Banks of the 17th, Holloway of the 12th, Starr of the 44th and others:
A bill to amend Code Section 56-622, relating to record of surplus line brokers, so as to require that a copy of the record be furnished annually to the Insurance Commissioner.

TUESDAY, MARCH 7, 1978

3245

The House substitute to SB 514 was as follows:
A BILL
To be entitled an Act to amend Code Section 56-615, relating to surplus line broker quarterly affidavits, so as to require additional in formation pertaining to product liability coverage; to provide for other matters relative thereto; to provide an effective date; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. Code Section 56-615, relating to surplus line broker quarterly affidavits, is hereby amended by striking said Section in its entirety and substituting in lieu thereof a new Code Section 56-615 to read as follows:

"56-615. Broker's quarterly affidavit, (a) Each surplus line broker shall file with the Commissioner, on a quarterly basis, an affidavit, executed by the surplus line broker, setting forth the facts referred to in Section 56-614. Such affidavit shall furnish certificate or cover note number, name of insured, the amount of the premium, the tax paid thereon, and such other information as the Commis sioner may require, for all surplus lines transactions in which premiums were paid or were due and payable during the previous quarter. Such quarterly affidavit shall be filed with the Commis sioner on or before the 15th day of April, July, October and January. Each surplus line broker shall remit a 4 percent tax on direct pre miums written, as defined in Section 56-623. Such tax shall be re mitted with the surplus line broker's quarterly affidavit.

(b) In addition to that information required on the quarterly affidavit, each surplus line broker shall provide the Commissioner with such reports of its affairs and operations regarding insurance
covering insured persons, resident or located in this State, for the last preceding calendar year ending on December 31, or for other periods of time as the Commissioner may require. These reports shall be made in such form and shall contain such information as the Com missioner may by regulation or by order from time to time pre scribe which as to product liability insurers may include but shall not be required to be limited to the following information:

(1) The total number of product liability claims, broken down by:
(A) The type or category of claims; and
(B) Whether the claims were:
(i) Reported during a prior period and closed during the re porting period.

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(ii) Reported and closed during the reporting period.

(iii) Reported and not closed during the reporting period.

(2) The total amount paid in settlement or discharge of the claims for each type or category of claims.
(3) The total amount of reserves available to pay those product liability claims which were reported for the last preceding year; provided however that the information on reserves shall be required to be maintained by the Insurance Commissioner in confidence ex cept that summaries of the combined totals of such reserves shall be subject to inspection by members of the General Assembly upon request.
(4) The total amount of premiums received from insured per sons, resident or located in this State, which is attributable to product liability insurance and which must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers.
(5) The total number of insured persons, resident or located in this State, for which such product liability insurance has been pro vided which must be classified separately with respect to manu facturers, wholesalers, or distributors, and retailers.

(6) The total number of insured persons, resident or located in this State, whose product liability insurance coverage the insurer, with which the surplus line broker placed the coverage, cancelled or refused to renew and the reasons therefor which must be classified separately with respect to manufacturers, wholesalers or distrib utors, and retailers.

(7) The total number of insured persons, resident or located in this State, who failed to renew their product liability insurance policies during the reporting period which information must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers."

Section 2. This Act shall become effective March 1, 1979.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Banks of the 17th moved that the Senate agree to the House sub stitute to SB 514.

On the motion, a roll call was taken, and the vote was as follows:

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3247

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 Foster Greene Hill Holloway Howard Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds

Riley Robinson Russell Scott Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Wessels

Those not voting were Senators:

English Fincher Gillis Hudgins (excused conferee)

Johnson (excused conferee) Pearce (excused conferee)

Stephens (excused conferee) Walker

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 514.

Senator Holloway of the 12th, President Pro Tempore, 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 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 enforcement agency in relation to the application.
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:

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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
Coverdell Dean of 31st Doss Duncan Eldridge

Evans Fincher Foster Greene Hill Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Robinson Russell Shapard Starr Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Carter English Gillis Holloway (presiding) Howard (excused conferee)

Hudgins (excused conferee) Johnson (excused conferee)

Riley Scott Stephens (excused conferee) Summers

On the passage of the bill, the yeas were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1791. By Representatives Hatcher of the 131st, Childs of the 51st, Irvin of the 23rd and others:
A bill to amend Code Section 26-2703, relating to the crime of commercial gambling, so as to provide that committing certain acts relating to bingo games without a license constitutes commercial gambling.
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 Dean of 31st Doss Eldridge Evans Pincher Poster Greene Hill Hudson

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3249

Kennedy Kidd Langford Lester 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:

Duncan (excused conferee) English Gillis Holloway (presiding)

Howard (excused conferee) Hudgins (excused conferee)

Johnson (excused conferee) Riley Stephens (excused conferee)

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 House was taken up for the purpose of considering the Conference Committee report thereon:

HB 1312. By Representatives Swann of the 90th, Truluck of the 86th, Burton of the 47th and others:
A bill to amend Code Chapter 54-99, relating to crimes respecting indus trial relations so as to provide that it is unlawful for any person to put a minor to indecent, obscene, or immoral exhibitions; to provide a pen alty.

The Conference Committee report on HB 1312 was as follows:
Mr. Speaker: Mr. President:
Your Conference Committee on House Bill 1312 has met and recom mends the following:
(1) that the Senate recede from its position on HB 1312;
(2) that the House recede from its position on HB 1312;

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(3) that the Substitute to HB 1312 attached to this report be adopted.

Respectfully submitted,

FOR THE HOUSE

FOR THE SENATE

/s/ David Swann Representative, 90th District

/s/ Don Ballard Senator, 45th District

/s/ Michael C. Nichols Representative, 27th District

I si Steve Reynolds Senator, 48th District

/s/ Ronnie Truluck Representative, 86th District

/s/ H. Norwood Pearce Senator, 16th District

Conference Committee Substitute to HB 1312:
A BILL
To be entitled an Act to prohibit sexual exploitation of children; to provide definitions; to provide that it is unlawful for any persons to take certain actions related to procuring for use or using certain minors for sexually explicit conduct; to provide that it is unlawful for the parent or person having custody of a child to take certain actions re specting sexual exploitation of the child; to provide penalties; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Sexual exploitation of children, (a) As used in this Section:
(1) "Minor" means any person under the age of fourteen years.
(2) "Sexually explicit conduct" means actual or simulated acts of sexual intercourse, heterosexual or homosexual, normal or perverted; acts of masturbation; acts involving excretory functions or lewd ex hibitions of the genitals; acts of bestiality or the fondling of sex organs of animals; sexual acts of flagellation, torture or other violence indi cating a sadomasochistic sexual relationship; and acts using any device designed or marketed as useful primarily for the stimulation of human genital organs; except, that no exhibition of nudity shall be deemed lewd if not done in conjunction with any other sexually explicit conduct or obscene material as defined in subsection (b) of Code Section 26-2101 and if for the purpose of producing any stage play or visual or print medium having a serious literary, artistic, educational or scientific value.
(3) "Producing" means producing, directing, manufacturing, is suing, publishing or advertising.
(4) "Visual or print medium" means any film, photograph, negative, slide, book, magazine, or other visual or print medium.

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3251

(b) It is unlawful for any person to knowingly employ, use, per suade, induce, entice, or coerce any minor to engage in, or assist any
other person to engage in, child molestation, indecent acts or any sexually explicit conduct.

(c) It is unlawful for any parent, legal guardian, or person having custody or control of a minor to knowingly permit such minor to engage in, or to assist any other person to employ, use, persuade, induce, entice, coerce any minor, or engage in child molestation, indecent acts or sexually explicit conduct.

(d) Any person violating a provision of this Section shall be guilty of a felony and, upon conviction of the violation, shall be punished by imprisonment for not less than one year nor more than ten years in the penitentiary, or by a fine of not more than $10,000 or by both.

Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that
such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Reynolds of the 48th moved that the Senate adopt the Conference Committee report on HB 1312.

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 Carter

Coverdell

Dean of 6th

Dean of 31st

Doss

Eldridge

Evans

Fincher Foster Greene Hill Howard Hudson
Johnson Kennedy Kidd
Langford Lester McGill Overby Paulk
Pearce

Reynolds
Riley Scott Starr Stumbaugh Summers
Sutton Tate Thompson
Traylor Turner Tysinger Walker Wessels

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Those not voting were Senators:

Barker Brown of 47th Duncan (excused conferee) English Gillis

Holloway (presiding) Hudgins (excused conferee) Robinson (excused conferee)

Russell Shapard Stephens (excused conferee) Timmons

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1312.

The following bill of the Senate was taken up for the purpose of considering the House action thereto:

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 com pensation.

The House substitute to SB 354 was as follows:
A BILL
To be entitled an Act 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 provisions of this Act shall not be construed to place any judge of the probate court on an annual salary in lieu of the fee system of com pensation; to provide for other matters relative to the foregoing; to re peal an Act providing the minimum salaries for the judges of the probate courts, approved March 21, 1974 (Ga. Laws 1974, p. 155) ; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Any other provisions of law to the contrary notwith standing, the minimum annual salary of each judge of the probate court in the State of Georgia shall be fixed according to the population of the county in which he serves as determined by the United States De cennial Census of 1970 or any future such census. Each such judge of the probate court shall receive an annual salary, payable in equal month-

TUESDAY, MARCH 7, 1978

3253

ly installments from the funds of his county, of not less than the amount fixed in the following schedule:

Population
0- 5,999 6,000- 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 -

Minimum Salary
$ 7,200 10,700 12,200 13,700 15,200 16,200 17,200 24,500 29,500.

Section 2. The amount of minimum salary provided in Section 1 for the judges of the probate courts of any county who also holds and conducts elections or is responsible for conducting elections for members of the General Assembly, under the provisions of any applicable general or local law of this State, shall be increased by $50iOO per month. The
amount of the minimum salary provided in Section 1 for the judges of the probate courts of any county presently on a salary who is responsible for traffic cases under the provisions of any general or local law of this State shall also be increased by $100.00 per month.

Section 3. The amounts provided in Sections 1 and 2 of this Act shall be increased by five percent (5%) per each four-year term of office served by any judge of a probate court, 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 provided in this Act, in which event the provisions of this Act shall prevail. Such increase shall not have retroactive effect, except that the current term of judges of probate courts presently in office shall be counted for de termining the appropriate salary under this Section. This Act shall not be construed to reduce the salary of any judge of a probate court present ly in office. The minimum salaries provided for in this Act shall be considered as salary only. Expenses for deputy clerks, equipment, sup plies, copying equipment and other necessary and reasonable expenses for the operation of a probate court shall come from funds other than the funds specified as salary in this Act.
Section 4. The provisions of this Act shall not be construed so as to place any judge of the probate court who is on the fee system of compensation on a salary system of compensation. Any judge of a pro bate court who is compensated under the fee system of compensation on July 1, 1978, shall continue to receive compensation under the fee system of compensation until local legislation is enacted by the General Assembly placing such judge of the probate court on an annual salary equal to the salary provided for in this Act.
Section 5. An Act providing minimum salaries for judges of the probate courts, approved March 21, 1974 (Ga. Laws 1974, p. 455), is hereby repealed in its entirety.

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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Pearce of the 16th moved that the Senate agree to the House sub stitute to SB 354.

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 Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Evans

Fincher Foster Greene Hill Howard Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Shapard Starr Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Brown of 47th Duncan (excused conferee) English Gillis

Holloway (presiding) Hudgins (excused conferee) Johnson (excused conferee)

Russell Scott Stephens Timmons

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 354.

The following bills of the Senate and House were taken up for the purpose of considering the Conference Committee reports thereon:

SB 408. By Senators Evans of the 37th, English of the 21st, Allgood of the 22nd and others:
A bill to prohibit sexual exploitation of children; to provide definitions; to provide that it is unlawful for any persons to take certain actions related to procuring for use or using certain minors for the purpose of depicting sexually explicit conduct in any visual or print medium; to provide that it is unlawful for the parent or persons having custody of a child to take certain actions respecting sexual exploitation of the child; to provide penalties.

TUESDAY, MARCH 7, 1978

3255

The Conference Committee report on SB 408 was as follows:
Mr. President: Mr. Speaker:
Your Conference Committee on Senate Bill 408 has met and recom mends the following:

That the House recede from its position and accept Senate Bill 408 as it passed the Senate.

FOR THE SENATE
/a/ C. Todd Evans Senator, 37th District
/s/ Jack Stephens Senator, 36th District
/s/ Richard L. Greene Senator, 26th District

Respectfully submitted,
FOR THE HOUSE
/s/ David Swann Representative, 90th District
/s/ Michael C. Nichols Representative, 27th District
/s/ Ronnie Truluck Representative, 86th District

Senator Evans of the 37th moved that the Senate adopt the Conference Com mittee report on SB 408.

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 Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge

Evans Fincher Foster Greene Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Riley

Robinson Scott Shapard Starr Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Hill.

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Those not voting were Senators:

Barker Bond Duncan (excused conferee) English Gillis

Holloway (presiding) Howard (excused conferee) Hudgins (excused) conferee)

Johnson (excused conferee) Reynolds Russell Stephens Timmons

On the motion, the yeas were 42, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on SB 408.
HB 1427. By Representatives Hawkins of the 50th, Horton of the 43rd and Taggart of the 125th:
A bill to amend the Code of Georgia of 1933 so as to provide for an arbitration title; to provide for a short title ("Georgia Arbitration Code"); to provide for the effect of agreements to submit to arbitration controversies, existing or thereafter arising; to provide for applications to the court, venue, and service of papers.

The Conference Committee report on HB 1427 was as follows:

The Conference Committee on House Bill 1427 recommends that both the Senate and the House of Representatives recede from their positions and that the Senate Floor Substitute to House Bill 1427 be adopted with the following amendments:

(1) By inserting in line 13 on Page 14 between the word "agree" and the word "to" the following: "in writing".

(2) By striking the period immediately following the word "oc curred" where the same appears in line 27 on Page 14 and inserting in lieu thereof the following: "and unless the claimant is represented by an attorney-at-law at the time the agreement is entered into."

FOR THE SENATE
/s/ Norwood Pearce Senator, 16th District
/s/ Thomas F. Allgood Senator, 22nd District
/s/ Culver Kidd Senator, 25th District

Respectfully submitted,
FOR THE HOUSE
/s/ John Hawkins Representative, 50th District
/s/ Larry Walker Representative, 115th District
/s/ Warren D. Evans Representative, 84th District

Senator Pearce of the 16th moved that the Senate adopt the Conference Com mittee report on HB 1427.

On the motion, a roll call was taken, and the vote was as follows:

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3257

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 Doss Eldridge Evans

Fincher Foster Greene Hill Howard Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Scott Shapard Starr Stumbaugh Summers Button Tate Thompson Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Duncan (excused conferee) English Gillis

Holloway (presiding) Hudgins (excused conferee) Johnson (excused conferee)

Russell Stephens Timmons

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1427.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:
The House has insisted 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 1417. By Representatives Kemp of the 139th, Walker of the 115th, Tuten of the 153rd and others:
A bill to amend Code Sections 34-605 and 34A-503, relating to qualifi cations of registrars and deputy registrars, so as to clarify a certain ineligibility.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Kemp of the 139th, Bray of the 70th and Rush of the 121st.

The House insists on its position in substituting the following bill and resolution of the Senate and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill and resolution:

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SB 565. By Senator Robinson of the 27th:
A bill to amend an Act providing for the regulation of soil classifying and creating the State Board of Registration for Professional Soil Classifiers, approved April 7, 1976.

The Speaker has appointed on the part of the House the following members:

Representatives Edwards of the 110th, Adams of the 36th and Greer of the 43rd.

SR 289. By Senator Dean of the 6th: A resolution proposing an amendment to the Constitution so as to pro vide for periodic adjustment of the amount of personal exemptions under the Georgia Income Tax Law (Code Chapter 92-31) based upon costof-living factors; to provide for the submission of this amendment for ratification or rejection.
The Speaker has appointed on the part of the House the following members thereof:
Representatives Collins of the 144th, Burruss of the 21st and Castleberry of the lllth.
The House insists on its position in amending the following bill of the Senate and has appointed a Committee of Conference to confer with a like committee on the part of the Senate:
SB 501. By Senators Hudgins of the 15th, Evans of the 37th, Johnson of the 34th and others: A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as to change the provisions regarding creation of juvenile courts; to provide for judges; to provide compensation, terms of office, appointment, and reappointment; to provide for seminars.

The Speaker has appointed on the part of the House the following members thereof:

Representatives Thompson of the 93rd, Carlisle of the 71st and Ham of the 80th.

The House has passed, by substitute, by the requisite constitutional majority, the following bill of the Senate:

TUESDAY, MARCH 7, 1978

3259

SB 373. By Senators Foster of the 50th and Barnes of the 33rd:
A bill to amend Code Section 46-509 relating to relief from default judgment rendered against a garnishee, as amended, so as to change the provisions relative to such relief from default judgments.

The House has disagreed to the Senate substitute to the following bill of the House:

HB 1648. By Representative Isakson of the 20th:
A bill to amend an Act prohibiting the transportation of garbage, trash, waste or refuse across State or county boundaries under certain con ditions so as to require the permission of the governing authority of a county in which the garbage, trash, waste or refuse is collected.

The House has disagreed to the Senate amendment to the following resolution of the House:

HR 456. By Representative Horton of the 43rd: A resolution compensating Mrs. Herbert C. Millkey, Sr.

The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 1858. By Representative Coleman of the 118th:
A bill to amend Code Title 68, relating to motor vehicles, so as to define the term "moped"; to exempt mopeds from the provisions relating to registration and licensure of motor vehicles; to amend Code Title 68A, known as "The Uniform Rules of the Road" so as to change the defini tion of certain terms.
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:

Ballard Banks Barnes Bell Bond
Brantley

Broun of 46th Brown of 47th Carter Coverdell Dean of 6th
Dean of 31st

Doss Duncan Eldridge Evans Fincher
Foster

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Howard Kennedy Kidd Langford McGill Overby Paulk Pearce

Reynolds Riley Scott Shapard Starr Stumbaugh Summers Sutton

Tate Thompson Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Greene

Hill

Robinson

Those not voting were Senators:

Allgood (excused conferee) Barker English Gillis

Holloway (presiding) Hudgins (excused conferee) Hudson Johnson (excused conferee)

Lester Russell Stephens Timmons

On the passage of the bill, the yeas were 41, nays 3.

The bill, having received the requisite constitutional majority, was passed.

HB 1572. By Representative Marcus of the 26th:
A bill to amend the Act providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies so as to change the review, termination, and repeal date of the Georgia Board of Occu pational Therapy and the Act relating thereto; to provide an effective date.
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

Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss

Eldridge Fincher Foster Greene Hill Howard Kennedy

Kidd
Langford Lester McGill Overby Paulk Reynolds Riley

TUESDAY, MARCH 7, 1978

3261

Robinson Scott Shapard Starr Stumbaugh Summers Sutton

Tate Thompson Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Duncan (excused conferee) English Evans (excused conferee) Gillis

Holloway (presiding) Hudgins (excused conferee) Hudson Johnson (excused conferee)

Pearce (excused conferee) Russell Stephens Timmons

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bills of the House were taken up for the purpose of considering the House action thereto:

HB 1417. By Representatives Kemp of the 139th, Walker of the 115th, Tuten of the 153rd and others:
A bill to amend Code Section 34-605 and 34A-503, relating to qualifica tions of registrars and deputy registrars, so as to clarify a certain ineligibility.

Senator Sutton of the 9th moved that the Senate adhere to the Senate sub stitute to HB 1417, and that a Conference Committee be appointed.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1417.

Senator Holloway of the 12th, President Pro Tempore, who was presiding, appointed as a Conference Committee on HB 1417 the following:

Senators Paulk of the 13th, Sutton of the 9th and Kidd of the 25th.

HB 1648. By Representative Isakson of the 20th:
A bill to amend an Act prohibiting the transportation of garbage, trash, waste or refuse across State or county boundaries under certain condi-

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JOURNAL OF THE SENATE,

tions so as to require the permission of the governing authority of a county in which the garbage, trash, waste or refuse is collected.

Senator Barnes of the 33rd moved that the Senate insist upon the Senate substitute to HB 1648.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1648.

The President resumed the Chair.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1569. By Representatives Linder of the 44th and Savage of the 25th:
A bill to amend Code Section 84-724, relating to revocation or suspen sion of license, so as to provide civil and criminal immunity for persons making certain reports or testifying in certain proceedings; to provide an effective date.
Senate Sponsor: Senator Stumbaugh of the 55th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 C'overdell Dean of 6th Doss Duncan Eldridge

Evans Fincher Foster Greene Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Voting in the negative was Senator Hill.

Riley Robinson Shapard Starr Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker Wessels

TUESDAY, MARCH 7, 1978

3263

Those not voting were Senators:

Banks (excused conferee) Barker Dean of 31st English

Gillis Holloway Hudgins (excused conferee) Pearce

Reynolds Russell Scott Stephens Timmons

On the passage of the bill, the yeas were 42, nays 1.

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 Conference Committee report thereon:

SB 565. By Senator Robinson of the 27th:
A bill to amend an Act providing for the regulation of professional soil classifying and creating the State Board of Registration for Professional Soil Classifiers, so as to establish a termination date for the State Board of Registration for Professional Soil Classifiers and the date on which the aforesaid Act shall stand repealed.

The Conference Committee report on SB 565 was as follows:
Mr. President: Mr. Speaker:
Your Conference Committee on Senate Bill 565 has met and recom mends the following:
1. That the Senate and House both recede from their respective positions.
2. That the attached Conference Committee Substitute to Senate Bill 565 be adopted.

FOR THE SENATE
/s/ Ed Johnson Senator, 34th District
/s/ Sam W. Doss, Jr. Senator, 52nd District
/s/ J. Beverly Langford Senator, 51st District

Respectfully submitted,
FOR THE HOUSE
/s/ Ward Edwards Representative, 110th District
/s/ G. D. Adams Representative, 36th District
/s/ John W. Greer Representative, 43rd District

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JOURNAL OP THE SENATE,

Conference Committee substitute to SB 565:

A BILL

To be entitled an Act to amend an Act creating the Georgia Board of Athletic Trainers, approved March 30, 1977 (Ga. Laws 1977, p. 1123), so as to remove the expiration date relative to said Board; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Secton 1. An Act creating the Georgia Board of Athletic Trainers, approved March 30, 1977 (Ga. Laws 1977, p. 1123), is hereby amended by striking from Section 18 the following:

"This Act shall stand repealed and be null and void on July 1, 1978.",

so that when so amended Section 18 shall read as follows:

"Section 18. Effective Date. Section 8 of this Act shall become effective on January 1, 1978. The remainder of this Act shall become effective upon approval by the Governor or upon becoming law without his approval and upon the appropriation of the necessary funds to implement the provisions of this Act. The existence of the Board shall terminate five years after the effective date of this Act, unless granted authority to continue in existence by 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.

Senator Doss of the 52nd moved that the Senate adopt the Conference Com mittee report on SB 565.

On the motion, 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 Doss Eldridge Evans

Fincher Foster Greene Hill Howard Hudson Johnson

Kennedy Kidd Langford Lester McGill
Overby
Paulk Reynolds

TUESDAY, MARCH 7, 1978

3265

Riley Robinson Scott Shapard Starr
Stumbaugh
Summers

Sutton Tate Thompson Traylor Turner
Tysinger
Wessels

Those not voting were Senators:

Banks (excused conferee) Barker (excused conferee) Dean of 31st Duncan (excused conferee)

English Gillis Holloway Hudgins (excused conferee) Pearce

Russell Stephens Timmons Walker (excused conferee)

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 565.

The following general bill of the House, favorably reported by the com mittee, was read the third time and put upon its passage:

HB 1807. By Representatives Lambert of the 112th, Carlisle of the 71st, Murphy of the 18th and others:
A bill to amend an Act known as the "Georgia Medical Assistance Act of 1977" so as to permit the Department of Medical Assistance to seek reimbursement for medical assistance rendered to a person as a result of sickness.
Senate Sponsor: Senator Fincher of the 54th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Brown of 47th Carter Dean of 6th

Duncan Eldridge Fincher Foster Greene Hill Holloway Howard Hudson

Kennedy Kidd Langford Lester McGill Overby Paulk. Pearce Reynolds

3266
Riley Robinson Scott Shapard Starr

JOURNAL OF THE SENATE,

Stumbaugh
Summers Sutton Tate Thompson

Traylor Turner Tysinger Wessels

Those not voting were Senators:

Ballard (excused conferee) Barker (excused conferee) Bond Coverdell Dean of 31st

Doss (excused conferee) English Evans (excused conferee) Gillis Hudgins
(excused conferee)

Johnson (excused conferee) Russell Stephens Timmons Walker (excused conferee)

On the passage of the bill, the yeas were 41, 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 Conference Committee report thereon:

SB 140. By Senators Pearce of the 16th, Johnson of the 34th, Barnes of the 33rd and others:
A bill to create the Prosecuting Attorney's Retirement System; to pro vide for procedures, requirements and other matters relative thereto; to provide for certain penalties in connection therewith.

The Conference Committee report on SB 140 was as follows:

Mr. President and Mr. Speaker:

Your Conference Committee on S. B. 140 has met and recommends that the Senate and House of Representatives recede from their re spective positions and that the attached Conference Committee Substitute
to S. B. 140 be adopted.

Respectfully submitted,

FOR THE SENATE

FOR THE HOUSE

Paul D. Coverdell Senator, 40th District

/s/ Bob Argo Representative, 63rd District

/s/ Norwood Pearce Senator, 16th District

/s/ Thomas B. Buck, III /s/ Representative, 95th District

Joe Thompson Senator, 32nd District

/s/ Joe Mack Wilson Representative, 19th District

TUESDAY, MARCH 7, 1978

3267

Conference Committee Substitute to SB 140:

A BILL

To be entitled an Act to create the District Attorneys' Retirement System; to provide for a short title; to provide for definitions; to provide for procedures, requirements and other matters relative thereto; to provide for certain penalties in connection therewith; to amend an Act known as the "Trial Judges and Solicitors Retirement Fund Act", ap proved March 11, 1968 (Ga. Laws 1968, p. 259), as amended, so as to change the provisions relative to membership in said Retirement Fund and to change the provisions relative to administrative expenses; to provide for the withdrawal of funds paid into the Fund by the employee and likewise a withdrawal of funds paid into the Fund by the employer for prior service upon a member ceasing to hold a position or office covered by the Fund; to amend an Act creating the office of district attorney emeritus and creating a retirement fund, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended ,so as to provide for minimum retirement benefits and salaries for certain district attorneys emeritus; to provide for survivor's benefits and for increased payments into the retirement fund; to provide for vesting of rights to benefits; to provide for payment of balances remaining after payment of bene fits; to provide for other matters relative to the foregoing; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Short title. This Part shall be known and may be cited as the "District Attorney's Retirement Act".

Section 2. Definitions. As used in this Act, unless the context clearly requires otherwise, the following words or phrases shall have the meanings indicated below:

(a) "System" or "Retirement System" means the District Attorneys' Retirement System created by this Act.

(b) "Retirement Fund" or "Fund" means the District Attorneys' Retirement Fund created by Section 4 of this Act.

(c) "Board" means the Board of Trustees provided for by Section 3 of this Act.

(d) "District Attorney" means any District Attorney holding office on July 1, 1978, and any District Attorney taking office at any time between July 1, 1978 and January 1, 1979, who becomes a member of the Retirement System created by this Act pursuant to Section 8 of this Act and any District Attorney taking office on or after the January 1, 1979, except that the term "District Attorney" shall not include any
District Attorney:

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JOURNAL OF THE SENATE,

(1) who is eligible to participate in the District Attorney's Retire ment Fund created pursuant to the Act creating the office of Solicitor General (now District Attorney) emeritus and creating a retirement fund therefor, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended; and

(2) any District Attorney who is a member of any other publicly supported retirement or pension system or fund created by any law of this State, if the retirement or pension benefits under such other publicly supported retirement or pension system or fund are based wholly or partially on the compensation payable to the District Attorney from State funds. The membership of any District Attorney who becomes a member of the Retirement System shall terminate if, at any time, he becomes a member of any other publicly supported retirement or pension system or fund as herein described.

(e) "Creditable service" means:

(1) Any service performed as a contributing member of the System on and after January 1, 1979; and

(2) Prior service as a District Attorney or as a solicitor of a State Court transferred, pursuant to Section 9 of this Act, from the "Trial Judges and Solicitors Retirement Fund Act," approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended.

(f) "Employer" means the State of Georgia.

(g) "Annual compensation" means the annual salary paid from State funds to a member of the Retirement System created by this Act.

(h) "Average annual compensation" means the average annual compensation of a member during the five years immediately preceding his retirement, and if the member has less than five years as a con tributing member, "average annual compensation" shall mean the average of the annual compensation of member during his total service
as a contributing member.

(i) "Act of external violence" means any intentional injury or death caused directly or indirectly by another person.

(j) "Official duties" means the duties and responsibilities of a District Attorney as are or may be imposed under the Constitution and laws of this State or which necessarily appertain to said office.

(k) "State Court" means any court subject to the provisions of the Act providing for the organization, jursdiction, venue, practice and procedure of certain courts which are below the Superior Court level, approved March 24, 1970 (Ga. Laws 1970, p. 679), as amended.

Section 3. System created; Board. There is hereby created the District Attorneys' Retirement System which shall be administered by a Board of Trustees composed of the Governor, the Attorney General

TUESDAY, MARCH 7, 1978

3269

and the Director of the Fiscal Division of the State Department of Administrative Services.
Section 4. Fund; administration of fund, (a) The Board shall have control of the funds provided for in this Act, and all funds received by the Board shall be deposited in a special account to the credit of the District Attorneys' Retirement Fund. The benefits provided for in this Act and all administrative expenses shall be paid from said fund. The Board shall have authority to expend the funds in accordance with the provisions of this Act.
(b) The Board shall have full power to invest and reinvest such funds subject to all the terms, conditions, limitations and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments. Subject to said terms, conditions, limitations and restrictions, the Board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the Fund.

(c) The Board is hereby authorized to employ an agent or agents, including, but not limited to, banks or trust departments thereof, and
enter into contracts therewith for the purpose of such agent or agents acting as investment advisors and counselors, making recommendations for investments and making investments if the Board so authorizes.

Section 5. Powers and duties of Board; actuarial investigations, (a) The Board is hereby given the following powers and duties: to con tract with proper federal authorities for Old Age, Survivors' and Dis ability Insurance coverage under the Social Security Act; to provide for the collection of all money provided for in this Act; to provide for the payment of all administrative expenses; to hear and decide all appli cations for retirement and disability benefits provided for under this Act; to adopt such tables, as provided by subsection (b) of this Section, as it shall deem desirable in connection with the proper operation of the System; to provide for the payment of all retirement and disability benefits that may be determined to be due under this Act and the rules and regulations adopted by the Board; to make and promulgate all necessary rules and regulations not inconsistent with this Act to carry out the provisions of this Act; to determine eligibility of persons to re ceive retirement benefits, and disability benefits under the provisions of this Act; to make provisions for refunds and repayments to persons who may be entitled to receive same; to keep records of all its meetings; and all other powers necessary for the proper administration of the provisions of this Act.
(b) The Board shall designate an actuary who shall be the technical advisor of the Board on matters regarding the operation of the Retire ment Fund created by this Act and who shall perform such duties as may be required in connection therewith. From time to time and at least once during each five-year period, the actuary shall make an actuarial investigation into the mortality, service and compensation ex perience of the members and the beneficiaries of the Retirement System

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-JOURNAL OF THE k SENATE,

and recommend for adoption by the Board mortality, service and other tables needed in the operation of the System. After taking into account such investigations, the Board from time to time shall adopt for the system such mortality, service and other tables as it may deem necessary
for the operation of the system. The Board shall also determine from
time to time the rate of regular interest for use in all calculations re quired in connection with the System, except for rates of interest other
wise specified in this Act. On the basis of regular interest and tables last adopted by the Board, the actuary shall make annual valuations of the contingent assets and liabilities of the Retirement System.

Section 6. Records. The Board shall keep permanent records of all its accounts in granting retirement and disability benefits, and shall
keep records and books concerning the operation of the Board. The Board shall present each year at the beginning of the regular session of the General Assembly an annual financial statement of the System.

Section 7. Gifts. The Board may take by gift, grant or bequest, any money, real or personal property, or any other thing of value and hold or invest the same for the uses and purposes of said System in accordance with the provisions of this Act.

Section 8. Membership, (a) The membership of the Retirement System shall be as follows:
(1) Any district Attorney holding office on July 1, 1978, and any District Attorney taking office at any time between July 1, 1978, and January 1, 1979, unless such District Attorney declines membership pursuant to subsection (b) of this Section, and

(2) Any District Attorney taking office on or after January 1, 1979.

(b) Any District Attorney specified in paragraph (1) of subsection (a) of this Section who is a member of the retirement system created by an Act known as the "Trial Judges and Solicitors Retirement Fund
Act", approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended, may decline membership in the Retirement System and continue his membership in the retirement system created by the aforesaid Act. Any such District Attorney intending to decline membership in the Retire
ment System shall notify the Board, in writing, of such intention by not later than December 31, 1978. Any such District Attorney so noti fying the Board shall not become, and shall not at any time thereafter
be eligible to become, a member of the Retirement System and shall remain a member of the retirement system created by the aforesaid Act. Any such District Attorney failing to notify the Board, within the time limitation herein provided, that he has declined membership in the Retirement System shall become a member of the Retirement System
on January 1,1979, and, as of said date, his membership in the retirement system created by the aforesaid Act shall be terminated.

(c) Any District Attorney who becomes a member of the Retirement System created by this Act pursuant to subsections (a) and (b) of
this Section:

TUESDAY, MARCH 7, 1978

3271

(1) Shall not be eligible to participate in the District Attorneys' Retirement Fund created pursuant to the Act creating the office of Solicitor General (now District Attorney) emerius, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended; and

(2) Shall not be eligible at any time after December 31, 1978, to be a member of the retirement system created by an Act known as the "Trial Judges and Solicitors Retirement Fund Act", approved March
11, 1968 (Ga. Laws 1968, p. 259), as amended.

Section 9. Prior service, (a) Any District Attorney subject to the provisions of subsection (b) of Section 8 of this Act who becomes a member of the Retirement System shall receive creditable service under this Act for all service as a District Attorney rendered prior to January I, 1979, which has been credited to him under the Act known as the "Trial Judges and Solicitors Retirement Fund Act", approved March
II, 1968 (Ga. Laws 1968, p. 259), as amended. The board of trustees of the retirement system created by the aforesaid Act shall certify to the Board the amount of such prior service for each such District Attorney as of December 31, 1978, and such prior service shall become creditable service under this Act as of January 1, 1979. All employer and employee contributions, plus earnings thereon, made to the Trial Judges and Solicitors Retirement Fund pursuant to the aforesaid Act by or on behalf of such District Attorneys becoming members of the Retirement System are hereby transferred to the District Attorneys' Retirement Fund created by this Act as of January 1, 1979. Such em
ployer and employee contributions transferred as herein provided mean
only those employer and employee contributions made for membership service as a District Attorney under said Trial Judges and Solicitors
Retirement Fund Act.

(b) Any District Attorney subject to the provisions of subsection (b) of Section 8 of this Act who becomes a member of the Retirement System may receive creditable service under this Act for service as a solicitor of a State Court which was rendered while a member of the Trial Judges and Solicitors Retirement Fund created by the Act ap proved March 11, 1968 (Ga. Laws 1968, p. 259), as amended, pursuant to the following requirements:

(1) For each two years of prior service as a solicitor of a State Court while a member of the Trial Judges and Solicitors Retirement Fund, one year of creditable service may be obtained under this Act up to a maximum of four years of creditable service; and

(2) For each year of creditable service obtained under this Act, the employer and employee contributions, plus earnings thereon, for two years which were made to the Trial Judges and Solicitors Retirement Fund for such service as a solicitor of a State Court shall be transferred
to the District Attorneys' Retirement Fund created by this Act.

Creditable service under this Act may be obtained for any amount of prior service as a solicitor of a State Court, subject to the maximum provided in paragraph (1) above, while a member of the Trial Judges and Solicitors Retirement Fund, but for less than two years' prior

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service as a solicitor of a State Court or for parts of a year, the ratio of actual prior service for creditable service and the ratio of employer
and employee contributions, plus earnings thereon, necessary for such creditable service shall be as established by paragraphs (1) and (2) above.

Any member of the Retirement System wishing to obtain creditable service under this Act pursuant to this subsection must notify the Board, in writing, within 90 days after becoming a member of the Retirement System. At the time such notification is made, the member claiming such prior service shall certify such prior service and upon such verification as the Board may require and upon the transfer of employer and employee contributions, plus earnings thereon, as here inafter provided, the Board shall enter the creditable service on the member's records. Any member failing to notify the Board within the time limitation provided herein shall not at any time thereafter be eligible to receive creditable service pursuant to this subsection.
The board of trustees of the Trial Judges and Solicitors Retirement Fund shall transfer to the Board the employer and employee contribu tions, plus earnings, thereon, required by paragraph (2) above for any creditable service obtained pursuant to this subsection.

Section 10. Contributions, (a) The basis for employee contribu
tions to the Fund created by this Act shall be the salaries from State funds provided by law for District Attorneys. The Department of Ad ministrative Services is hereby authorized and directed to deduct monthly from the salary of each District Attorney who is a member of the Retirement System seven and one-half percent of such salary to cover
the employee contributions to the Fund created by this Act. The De partment of Administrative Services is also authorized to make an additional deduction from such salaries to cover any employee tax for Social Security coverage that may now or hereafter be required for
such coverage.

(b) The Department of Administrative Services is hereby autho rized and directed to pay from the funds appropriated or otherwise available for the operation of the superior courts of the State, any
employer contribution for Social Security coverage that may now or hereafter be required for the members of the Retirement System. From funds appropriated or otherwise available for the operation of superior courts, the Department of Administrative Services is also authorized and directed to pay into the Retirement Fund created by this Act em ployer contributions, including contributions to fund any creditable ser vice authorized by this Act, which, together with employee contributions and the earnings of the Fund, shall be an amount sufficient to fund the service and disability retirement benefits provided for by this Act.

(c) The deductions from State salaries payable to District Attorneys who are members of this Retirement System shall be made notwith standing that the salaries fixed by law for such District Attorneys shall be reduced thereby. Such District Attorneys shall be deemed to consent and agree to the deductions made, and payment of the salary, less such
deductions, shall be a full and complete discharge of all claims and

TUESDAY, MARCH 7, 1978

3273

demands whatsoever for the services rendered by such District Attorneys during the period covered by such payment.

Section 11. Service retirement, (a) A member who has obtained at least ten years of creditable service and who is at least 60 years of age shall be eligible to retire and receive a monthly retirement benefit. Said monthly retirement shall be an equal monthly installment of an
annual retirement benefit computed on the basis of 3 percent of the member's average annual compensation multiplied by his total number of years of creditable service, not to exceed 22 years. After obtaining at
least ten years of creditable service, a member who ceases to hold office as a District Attorney prior to reaching age 60 may begin receiving the monthly retirement benefit herein authorized upon reaching age 60, if he does not withdraw his contributions to the Retirement Fund.

(b) After obtaining 22 years of creditable service, a member shall
continue to make the employee contributions to the Retirement Fund, but the maximum retirement benefit shall be based on 22 years of
creditable service. In the event a member continues in service after obtaining 22 years of creditable service, his "average annual compensa
tion" for purposes of computing his retirement benefit shall be com puted as provided in subsection (h) of Section 2 of this Act.

(c) A member may retire under this Section by making written application therefor to the Board settling forth at what time, not less than 30 nor more than 90 days subsequent to the filing of such appli
cation, he desires to be retired.

(d) Any District Attorney who retires under this Act, while re ceiving retirement or disability benefits, shall not be eligible for election or appointment to any other office of this State for which compensation is paid. Any such District Attorney, while receiving a retirement or disability benefit under this Act, shall not engage in the private practice
of criminal law.

Section 12. Disability retirement, (a) After obtaining a minimum of ten years of creditable service, any member, regardless of his age, who shall become totally and permanently disabled to the extent that fie is unable to perform the duties of his office shall be entitled to re
ceive a disability benefit. The monthly disability retirement benefit shall be calculated in the same manner as a service retirement benefit under
subsection (a) of Section 11 of this Act, except that such disabled member shall be entitled to receive a minimum disability retirement benefit which shall be equal to one-half of the maximum retirement benefit provided by subsection (a) of Section 11 of this Act after 22
years' creditable service.

(b) After obtaining a minimum of four years of creditable service,
any member, regardless of age, who shall become totally and permanently disabled as a result of an act of external violence incurred in or as a result of the performance of the member's official duties, to the extent that the member is unable to perform the duties of his office, shall be entitled to receive a disability retirement benefit. The monthly disability retirement benefit shall be calculated in the same manner as a service

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JOURNAL OF THE SENATE,

retirement benefit under subsection (a) of Section 11 of this Act, except that such disabled member shall be entitled to receive a minimum dis ability retirement benefit which shall be equal to one-half of the maxi mum retirement benefit provided by subsection (a) of Section 11 of this Act after 22 year's creditable service.

(c) The disability of any member applying for disability retire ment benefits and the continuation of such disability shall be determined by the Board in the same manner and under the same procedure as dis ability of State employees is determined in accordance with the ap plicable provisions of the Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as now or hereafter amended. Disability retirement benefits shall be come payable within 30 days after such disability is determined by the Board as herein provided.

Section 13. Spouses' benefits, (a) Except as otherwise provided by subsection (d) of this Section, each District Attorney who is a mem ber of the Retirement System shall pay an employee contribution, in addition to the employee contribution required by subsection (a) of Section 10 of this Act, of two and one-half percent of the State salary paid to such District Attorneys for spouses' benefits as provided here inafter. The Department of Administrative Services shall be authorized to deduct monthly the employee contributions required herein for spouses' benefits.

(b) If a member subject to this Section, who has attained a mini mum of ten years of creditable service, dies, the surviving spouse of such member shall be entitled to receive for life or until the remarriage of such surviving spouse a monthly sum equal to 50 percent of the retire(ment benefit which the member was receiving at the time of his death, if retired at such time, or which would have been payable to the member had he retired as of the date of his death, except as provided in subsection
(c) of this Section.

(c) If a member subject to this Section who has attained a mini mum of ten years' creditable service dies as a result of an act of external violence or injuries incurred in or as a result of the performance of the member's official duties, the surviving spouse of such member shall be entitled to receive for life or until the remarriage of such surviving spouse, a monthly sum equal to 50 percent of the retirement benefit which would have been payable to the member had the member lived
and retired at age 60.

(d) A member of the Retirement System shall have the right to reject the spouses' benefits provided by this Section by notifying the Board, in writing, of such rejection on a. form to be supplied by the Board. Any District Attorney becoming a member of this Retirement System pursuant to subsection (b) of Section 8 of this Act who wishes to reject such benefits shall notify the Board of such rejection by not later than January 1, 1979. Any District Attorney wishing to reject such benefits who becomes a member of the Retirement System created by this Act after January 1,1979, shall notify the Board of such rejection within 60 days after becoming a member of the Retirement System.

TUESDAY, MARCH 7, 1978

3275

(e) Any member of the Retirement System who rejects spouses' benefits coverage, or who ceases such coverage pursuant to subsection (f) of this Section, because such member was unmarried at the time of such rejection or because such member's spouse died or because such member ceased to be married, shall have the option to elect spouses' benefits within 60 days after becoming married or remarried, as the case may be. Any member so electing must make the necessary con tributions for spouses' benefits coverage for a total of at least ten years in order for such member's spouse to qualify for the spouses' benefits provided for by this Section.
(f) If the spouse of a member dies or if a member ceases to be married, then such member who has elected to obtain spouses' benefits pursuant to this Section may cease making the employee contributions for spouses' benefits required herein. Such member shall notify the Board of Trustees in writing to cease deducting such employee con tributions within 60 days after the date of the death of the spouse or after the date the member ceases to be married, and upon such notifica tion, no further deductions shall be made. When a member ceases to make such employees contributions as provided herein, there shall be no return of such contributions previously made by such member.

(g) Should there not be a surviving spouse of a member covered by this Section, the amount of accumulated contributions made by such member, with interest thereon at the rate of four percent per annum, shall be paid to the living person, if any, nominated by written desig nation of the member duly executed and filed with the Board of Trustees, otherwise to the member's estate.

(h) It shall be the duty of the Board to notify District Attorneys who are subject to the provisions of this Act of the requirements of this Section.

Section 14. Withdrawal or return of contributions, (a) If a mem ber ceases to hold office as a District Attorney or if his membership in the Retirement System is terminated, he may withdraw the total sum, with interest, at the rate of four percent per annum, which he has paid into the Fund, but he shall not be eligible at any time after such with drawal to become a member of the Retirement System, unless such member shall at a later date hold office as a District Attorney and is otherwise eligible for membership in the Retirement System, in which event he shall be reinstated into the Retirement System in the same manner as if he had never before been a member of the Retirement System. Any such reinstated member shall have the privilege of re establishing any prior creditable service by making reimbursement of the amount withdrawn from the Fund plus interest at the rate of four percent per annum.
(b) If a member not covered by spouses' benefits under Section 13 of this Act should die before retirement, the total sum, with interest at the rate of four percent per annum, which he has paid into the Fund shall be paid to his surviving spouse, if any, or to the living person, if any, nominated by written designation of the member duly executed and filed with the Board, otherwise to the member's estate.

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(c) From time to time, whenever any member of this Retirement System terminates his membership herein prior to acquiring a vested right to any retirement benefits, and withdraws his total contributions, plus interest, from the Fund, the following shall occur:
(1) The employer's contributions paid to the Board on behalf of such withdrawing member shall continue to be held within the Fund and shall not be returned to the employer; and
(2) The employer's contributions paid to the Board on behalf of such withdrawing member shall be treated as actuarial gains and shall be applied toward the future decrease of employer's contributions, and shall not be used or applied to increase retirement benefits to other members of the Retirement System.
Section 15. Tax exemptions. The right to a retirement benefit, to the returns of contributions, any optional benefit or any other right accrued or accruing to any person under the provisions of this Act and the moneys in the Fund created by this Act are hereby exempt from any State, county, or municipal tax, and exempt from levy and sale, garnish ment, attachment, or any other process whatsoever, and shall be un assignable except as otherwise specifically provided in this Act.
Section 16. Legal advisor. The State Attorney General shall be the legal advisor of the Board of Trustees.

Section 17. False statments. Any person who shall knowingly make any false statements or shall falsify or permit to be falsified any record or records of the System in any attempt to defraud the System as a result of such an act shall be guilty of a misdemeanor, and upon con viction thereof by any court of competent jurisdiction, shall be punished by a fine not exceeding $500.00 or imprisonment not exceeding 12 months, or both, such fine and imprisonment to be at the discretion of the court. Should any change or error in the records result in any member or beneficiary receiving from the Fund more or less than he would have been entitled to receive had the records been correct, the Board shall have (the power to correct such error and to adjust as far as practicable the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.

Section 18. Expenses. To pay the administrative expense of the Fund, upon the receipt of a request from the Board on or after July 1, 1978, and each year thereafter, the Fiscal Division of the Department of Administrative Services is hereby authorized and directed to pay from funds appropriated or otherwise available for the operation of the superior courts of the State, into the Fund an amount equivalent to the actual expenses incurred by the Board in the administration of said Fund as reflected by the State Auditor's Report for the previous fiscal year. The Board shall estimate such actual costs for the fiscal year beginning July 1, 1978, and ending June 30, 1979, and the Fiscal Division of the Department of Administrative Services shall be authorized to pay such costs for such fiscal year based on such estimate.
Section 19. Rules and regulations. The Board is hereby authorized

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and directed to adopt rules and regulations to carry out the provisions
of this Act and to distribute the same to the District Attorneys of this State.

PART II

Section 20. An Act known as the "Trial Judges and Solicitors Re tirement Fund Act", approved March 11, 1968 (Ga. Laws 1968, p. 259),
as amended, is hereby amended by striking subsection (c) of Section 8 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:

" (c) Any District Attorney who is otherwise subject to member ship in the Trial Judges and Solicitors Retirement Fund pursuant to subsections (a) and (b) of this Section shall not be a member of said Fund if such District Attorney becomes a member of the District Attorneys' Restirement System pursuant to subsection (b) of Section 8 of the Act known as the "District Attorneys' Retirement Act". The membership in the Trail Judges and Solicitors Retirement Fund of any such District Attorney becoming a member of said District At torneys' Retirement System as aforesaid shall terminate effective January 1, 1979. Any employee contributions to the Trial Judges and Solicitors Retirement Fund credited to the account of any District Attorney System as aforesaid, which are not transferred to the Fund created by said District Attorneys' Retirement Act pursuant to Section 9 thereof, may be withdrawn by such District Attorney pursuant to Section 22 of this Act as if such District Attorney had ceased to hold a position or office covered by the Trial Judges and Solicitors Retirement Fund. Any District Attorney taking office on or after January 1, 1979, shall not be a member of the Trial Judges and Solicitors Retirement Fund created by this Act."

Section 21. Said Act is further amended by striking Section 27 in its entirety and inserting in lieu thereof a new Section 27 to read as follows:
"Section 27. To pay the administrative expense of the Fund, upon the receipt annually of a request from the Board of Trustees, the Fiscal Division of the Department of Administrative Services is hereby authorized and directed to pay from funds appropriated or otherwise available for the operation of the superior courts of the State, into the Fund an amount sufficient to pay such admin istrative expenses as certfified by said Board of Trustees to said Fiscal Division."

Section 22. Said Act is further amended by adding a new para graph immediately following Section 16(c) as follows:

"Likewise, a member may withdraw the total sum with interest which has been paid into the Fund by the employer for prior service of such member."

Section 23. Said Act is further amended by adding'a new paragraph at the end of Section 22 as follows:

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"Likewise, a member may withdraw the total sum with interest
which has been paid into the Fund by the employer for prior service of such member."

PART III
Section 24. An Act creating the office of district attorney emeritus and creating a retirement fund, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, is hereby amended by adding at the end of Section 4, the following:
"Any other provision of this Section to the contrary notwith standing, the annual salary to be paid to any district attorney emeritus who assumed office as district attorney emeritus on or be fore January 31, 1976, on full retirement shall be $14,000.00 per annum to be paid in equal monthly installments by the State of Georgia.",
so that when so amended Section 4 shall read as follows:
"Section 4. A district attorney emeritus shall receive from the State of Georgia an annual salary to be paid in monthly install ments equal to one-half of the State salary of such district attorney for the calendar year immediately prior to his retirement as an active district attorney and immediately prior to his resignation from said office. In the event that any district attorney shall be come eligible for appointment or shall have actually been appointed district attorney emeritus and while so eligible for appointment or holding such an appointment shall be elected or appointed to and shall qualify for an office of profit or trust under the Constitution of the United States or of the Constitution of Georgia, his right to appointment as district attorney emeritus or to continue to hold such an appointment and to draw the salary fixed therefor under said Act shall be suspended during the period of time that he shall hold such office, provided that upon ceasing to hold such office he shall then be entitled to appointment as district attorney emeritus under this Act or to reappointment to said office with all the obli gations, rights and duties herein prescribed, his compensation as district attorney emeritus in such event to be the same amount received by him as district attorney emeritus at the time of his election or appointment and qualification to the office under the Constitution of the United States or of the State of Georgia, or, if not holding an appointment as district attorney emeritus then, onehalf of the amount of State compensation received by him as district attorney for the calendar year immediately prior to his election or appointment to and qualification for said office under the Con stitution of the United States or the State of Georgia, the purpose of this provision being to permit any district attorney who may have been appointed district attorney emeritus under this Act or who may be eligible for appointment as district attorney emeritus to accept some other office of profit or trust under the Constitution of the United States or of the State of Georgia without affecting his then existing rights under this Act except to suspend the right to hold said office and receive the salary provided therefor while

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3279

holding such other office. During the time that such district attorney is holding another office under the Constitution of the United States or the State of Georgia as herein provided, he shall not be required to make any payments in and to the District Attorneys Retirement Fund of Georgia. Any other provision of this Section to the contrary notwithstanding, the annual salary to be paid to any district attorney emeritus on or before January 31, 1978, on full retirement shall be $14,000.00 per annum to be paid in equal monthly installments by the State of Georgia."

Section 25. Said Act is further amended by adding to Section 9 thereof, the following:

"Provided further, that any district attorney may, by payment into the fund of an amount equal to two percent of his State salary for each year of service, commencing July 1, 1975, and by such payment each month thereafter of two percent of his State salary entitle his surviving spouse to receive from the State of Georgia for life or until remarriage a sum equal to 50 percent of the benefits which he was receiving on the date of his death, if retired at such time, or which he would have been eligible to received had he retired as of that date if he had 19 years of service as of the date of his death. If such district attorney had completed 10 years of actual service as a district attorney but had not completed 19 years of service as of the date of his death, his surviving spouse who is eligible for such benefits hereunder shall be entitled to receive for life or until remarriage a sum equal to the amount determined by multiplying one-half of the benefit he would have been entitled to receive upon completion of 19 years of service without change in the salary he was receiving at the time of his death times the fraction which the district attorney's service bears to 19 years; and provided further that any present district attorney emeritus may be covered by this Act if he pays into the fund an amount equal to two percent of his State salary while serving as district
attorney."

Section 26. Said Act is further amended by striking the first sentence in Section 10 in its entirety and inserting in lieu thereof the following:
"The payment into said fund of five percent (or seven percent) of the State salary shall be deducted by the Department of Admin istrative Services monthly from the salary of each district attorney who is a member of the retirement fund created by this chapter."

Section 27. Said Act is further amended by striking the last sen tence in Section 12 in its entirety and inserting in lieu thereof the following:
"However, in the case of the death of any district attorney re ceiving benefits from his retirement fund at the time of his death, and not survived by a spouse, or of a surviving spouse of a district attorney receiving benefits, where neither the district attorney, his surviving spouse, or both, have received the total amount, without

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interest, paid by him to said fund, his personal representative shall receive from said fund the remainder of his payments thereto."

PART IV
Section 28. 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 29. Effective dates, (a) Part I of this Act shall become effective for administrative purposes and for the purposes of exercising options and providing notices as provided in said Part I on July 1, 1978. Part I shall be effective for all purposes on January 1, 1979.
(b) Part II of this Act shall be effective for administrative pur pose on July 1, 1978, and for all purposes on January 1, 1979.
(c) Part III of this Act shall become effective on July 1, 1978.
Section 30. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Pearce of the 16th moved that the Senate adopt the Conference Com mittee report on SB 140.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Hudgins

Hudson

Pearce

Voting in the negative was Senator Hill.

Allgood Ballard Banks Barker Bell Bond Broun of 46th Brown of 47th Carter Coverdell

Dean of 6th Dean of 31st Doss Eldridge Evans Foster Gillis Greene Hill Holloway

Howard Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds

Riley Robinson Russell Scott Shapard Starr

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3281

Stumbaugh Summers Sutton Tate Thompson Timmons

Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Barnes
(excused conferee) Brantley

Duncan
(excused conferee) English

Fincher Stephens

On the motion, the yeas were 3, nays 47; the motion was lost, and the Senate rejected the Conference Committee report on SB 140.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted, by substitute, by the requisite constitutional majority the following resolution of the Senate:

SR 234. By Senators Kidd of the 25th, Robinson of the 27th, Dean of the 6th and others:
A resolution proposing an amendment to the Constitution, so as to change the methods and procedures for overriding the Governor's veto of bills enacted by the General Assembly; to provide for the submission of this amendment for ratification or rejection.

The House has adopted, by substitute, by the requisite constitutional majority the following resolution of the Senate:

SR 372. By Senator Bell of the 5th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by local law for the nonpartisan election of certain members of the DeKalb County Board of Education; to provide for the submission of this amendment for ratifiaction or rejection.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 441. By Senators Stumbaugh of the 55th and Barnes of the 33rd:
A bill to amend Code Chapter 26-99, relating to miscellaneous criminal provisions, as amended, so as to prohibit the sale, delivery, distribution,

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display for sale or the provision of certain drug-related objects to a minor and to prohibit the possession of such drug-related objects for the aforesaid purposes.

The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:

HB 1786. By Representative Ham of the 80th:
A bill to amend an Act entitled "An Act to amend Code Chapter 26-29, relative to crimes involving dangerous instrumentalities and practices, so as to provide that it shall be unlawful for any person to fire or dis charge a firearm on the property of another person, firm or corporation without having first obtained permission from the owner or lessee of such property. . . ."

The following resolutions and bills of the Senate were taken up for the purpose of considering the House action thereto:

SR 372. By Senator Bell of the 5th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by local law for the nonpartisan election of certain members of the DeKalb County Board of Education; to provide for the submission of this amendment for rati fication or rejection.

The House substitute to SR '372 was as follows:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the recall and removal of members of the DeKalb County Board of Education; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V, Paragraph II, Subparagraph (b) is hereby amended by adding at the end thereof a new paragraph, to read as follows:
"Notwithstanding any other provisions of this Constitution to the contrary, the General Assembly is hereby authorized to provide by local laws for the recall and removal of members of the DeKalb County Board of Education. The authority provided by this para graph may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the

TUESDAY, MARCH 7, 1978

3283

subject matter of this paragraph, and any local law adopted pur suant to the authority of this paragraph shall control the subject matter thereof as to the political subdivision affected, notwithstand ing the provisions of any conflicting general 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:

"( ) YES Shall the Constitution be amended so as to authorize the General Assembly to provide by
( ) NO local law for the recall and removal of members of the DeKalb County Board of Education?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

Senator Bell of the 5th moved that the Senate agree to the House substitute to SR 372.

On the motion, a roll call was taken, and the vote was as fololws:

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

Eldridge

Evans

Foster

Gillis Greene Hill
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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Those not voting were Senators:

Broun of 46th
Duncan (excused conferee)

English Fincher

Holloway Pearce

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 372.

SB 531. By Senator Scott of the 43rd:
A bill to amend Code Chapter 56-31, relating to group and blanket acci dent and sickness insurance, as amended, so as to provide that no in surer authorized to write accident and sickness insurance in this State shall issue any group accident and sickness insurance policy to any em ployer to replace any existing policy of group accident and sickness insurance which such employer then has in effect or has had in effect during the preceding six months unless such group accident and sickness insurance policy provides for the payment of benefits for preexisting illnesses or conditions for which benefits would have been payable under such previous policy.

The House substitute to SB 531 was as follows:
A BILL
To be entitled an Act to amend Code Chapter 56-31, relating to group and blanket accident and sickness insurance, as amended, so as to provide that no insurer authorized to write accident and sickness insurance in this State shall issue any group accident and sickness insurance policy, other than a policy of credit accident and sickness insurance, to any employer to replace any existing policy of group acci dent and sickness insurance which such employer then has in effect or has had in effect during the preceding twelve months unless such group accident and sickness insurance policy contains a provision which gives the employer the option to include a provision in the policy which either provides for or gives the employee the option to purchase coverage which would provide for the payment of benefits for preexisting illnesses or conditions for which benefits would have been payable under such policy; to provide for application to policies issued by hospital service nonprofit corporations and medical service nonprofit corporations; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 56-31, relating to group and blanket acci dent and sickness insurance, as amended, is hereby amended by adding, following Code Section 56-3102, a new Code Section 56-3102.1, to read as follows:
"56-3102.1. Additional Required Provisions of Group Accident

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3285

and Sickness Policies, (a) No insurer authorized to write accident and sickness insurance in this State shall issue any group accident and sickness insurance policy, other than a policy of credit accident and sickness insurance, to any employer to replace any existing policy of group accident and sickness insurance which such employer then has in effect or has had in effect during the preceding twelve months unless such group accident and sickness insurance policy provides that such employer may at its election contract with such insurer to include in the policy covering its employees either an optional provision covering all of its employees or an optional benefit to be offered to such employees which would provide for the payment of benefits for preexisting illnesses or conditions for which benefits would have been payable to an insured covered under a certificate under such previous policy but for the operation of the preexisting conditions exclusions under the newly issued policy.
(b) The provisions of this Section shall also apply to policies issued by a hospital service nonprofit corporation or a nonprofit medical service corporation."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Scott of the 43rd moved that the Senate agree to the House substitute to SB 531 as amended by the following amendment:
Amend the House substitute to SB 531 as follows:
By striking from lines 10 through 13 on Page 1 the following:
"contains a "provision which gives the employer the option to include a provision in the policy which either provides for or gives the employee the option to purchase coverage which".
By striking from lines 7 through 12 of Page 2 the following:
"provides that such employer may at its election contract with such insurer to include in the policy covering its employees either an optional provision covering all of its employees or an optional benefit to be offered to such employees which would provide for the payment of benefits for preexisting illnesses or conditions for which benefits would have been payable to an insured covered under a certificate under such previous policy but for the operation of the preexisting conditions exclusions under the newly issued policy.",
and inserting in lieu thereof the following:
"contains the following: Benefits will be payable for preexisting illnesses or conditions for which benefits would have been payable under such previous policy had such policy not terminated. Except that this requirement shall not apply to existing claims which are being paid as a continuing liability under the prior policy or con-

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tract, nor shall this Section extend any time limitations for pre existing conditions under the new group policy which would be less favorable than the existing or previous policy."

On the motion, the yeas were 35, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 531 as amended by the Senate.

SR 234. By Senators Kidd of the 25th, Robinson of the 27th, Dean of the 6th and others:
A resolution proposing an amendment to the Constitution, so as to change the methods and procedures for overriding the Governor's veto of bills enacted by the General Assembly; to provide for the submission of this amendment for ratification or rejection.

The House substitute to SR 234 was as follows:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the methods and procedures for overriding the Governor's veto of bills en acted by the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article V, Section II of the Constitution is hereby amended by striking Paragraph VI in its entirety and inserting in lieu thereof a new Paragraph VI to read as follows:
"Paragraph VI. Governor's veto. The Governor shall have the revision of all bills passed by the General Assembly before the same shall become laws, but two-thirds of each House may pass a law notwithstanding his veto; and if any bill should not be returned by the Governor within five days (Sundays excepted) after it has been presented to him, the same shall be a law; unless the General Assembly, by their adjournment, shall prevent its return, in which event the Governor shall have 30 days (Sundays excepted) from the date of adjournment in which to approve the same, and if not approved within that time, the same shall become a law. He may approve any appropriation, and veto any other appropriation, in the same bill, and the latter shall not be effectual unless passed by two-thirds of each House.
Whenever such bill has been vetoed by the Governor, it shall be the duty of the Governor to transmit such bill to the presiding officer of the House of the General Assembly in which it originated, together with a list of reasons, if any, for such veto. Such trans mission shall be made within 35 days (Sundays excepted) from the date of the adjournment of the session of the General Assembly at which such bill was passed. Following the date of the adjourn-

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3287

merit of the most recent session, the General Assembly shall meet in special session in the State Capitol at 10:00 a.m. on the first Monday following the 90th day subsequent to said adjournment to consider all bills passed during such session and vetoed by the Governor. No such special session shall exceed one calendar day. No actions shall be taken at such sessions except the consideration of bills vetoed by the Governor and votes to override such vetoes. Bills vetoed by the Governor shall first be considered by the House of the General Assembly in which it originated. In the event the action of the Governor is overridden by two-thirds of the votes of such House of the General Assembly, the same shall be immediately transmitted by the Secretary of, or the Clerk of, such House of the General Assembly to the other House of the General Assembly to be considered by such House. No special session for the purpose of considering bills vetoed by the Governor shall be held unless threefifths of the members elected to each House declare in writing and file with the presiding officer of the respective House that such special session is necessary. The declarations must be received by the presiding officers of the respective Houses at least fifteen days prior to the day on which the special session is to convene.
If a special session is not held, any such bill vetoed by the Governor may be considered by the House of the General Assembly in which it originated at any time within the first ten days of the next regular session of the General Assembly for the purpose of overriding the action of the Governor. In the event the action of the Governor is overridden by two-thirds of the votes of such House of the General Assembly, the same shall be immediately transmitted by the Secretary of, or the Clerk of, such House of the General Assembly to the othre House of the General Assembly. It shall be the duty of the presiding officer of such other House of the General Assembly upon receiving such bill to dispense with all business that is then being considered and to then and there consider and act upon such bill for the purpose of overriding the action of the Governor. In the event the action of the Governor is overridden by two-thirds of the votes of such House of the General Assembly, such bill shall become law. In the event either House of the General Assembly shall fail to override the Governor's action on a bill, such bill shall not again be presented to the General Assembly of Georgia for the purpose of overriding the action of the Governor. In the event any bill is enacted into law pursuant to the terms of this Paragraph, the effective date of such bill shall be on the date that such bill was acted upon by the House of the General Assembly last acting upon such bill, or upon the effective date of the bill as specified in such bill, or by general law, whichever is later.

Provided, however, that any bills that are vetoed by the Gov ernor after the adjournment of the regular session of the General Assembly immediately preceding the general election in which the Governor is elected shall not be subject to be overridden by the next regular session of the General Assembly."
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 methods and procedures for over-
( ) NO riding the Governor's veto of bills enacted 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.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SR 234.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Banks Barker Barnes Bell Bond Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Evans Foster Greene

Hill Howard Hudgins 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 Ballard.

Those not voting were Senators:

Brantley Broun of 46th Duncan (excused conferee)

English Fincher Gillis

Holloway Langford Tate

TUESDAY, MARCH 7, 1978

3289

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SR 234.

SB 441. By Senators Stumbaugh of the 55th and Barnes of the 33rd and Thomp son of the 32nd:
A bill to amend Code Chapter 26-99, relating to miscellaneous criminal provisions, as amended, so as to prohibit the sale, delivery, distribution, display for sale or the provision of certain drug-related objects to a minor and to prohibit the possession of such drug-related objects for the aforesaid purposes.

The House amendments were as follows:
Amendment No. 1:
Amend SB 441 by adding to Section 1, subsection D, paragraph 4, at the end of line 34 on Page 3, the following language:
"; or, the person was acting in his capacity as a registered pharmacist or veterinarian, or under the direction of a registered pharmacist or veterinarian, to sell said object for a legitimate medi cal purpose."
Amendment No. 2:
Amend SB 441 by inserting a new sentence immediately following the word "amended.", where the same appears in line 26 on Page 1, to read as follows:
"For the purposes of this Section, the term 'controlled sub stance' shall include marijuana as defined by subsection (o) of Code 79A-802 of said Code Chapter 79A-8."

Senator Stumbaugh of the 55th moved that the Senate agree to the House amendments to SB 441.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Brown of 47th Carter

Cover dell Dean of 6th Dean of 31st
Doss Eldridge Evans Fincher
Foster

Greene Hill Howard Hudson Johnson Kennedy Kidd Langford

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JOURNAL OF THE SENATE,

Shapard Starr Stephens Stumbaugh Summers Sutton Thompson

Timmons Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Bond.

Those not voting were Senators:

Brantley Broun of 46th Duncan (excused conferee)

English Gillis Holloway Hudgins

Pearce Russell Scott Tate

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate agreed to the House amendments to SB 441.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1640. By Representatives Walker of the 115th, Snow of the 1st, Hatcher of the 131st and others:
A bill to amend Code Section 59-108, relating to jury boxes, so as to provide for the contracting of electronic or mechanical means of selecting jurors on a judicial administrative district wide basis.
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 Carter Coverdell Dean of 6th

Dean of 31st Eldridge Evans Fincher Foster Greene Hill Holloway Howard Hudson

Johnson Kennedy Kidd Lester McGill Overby Paulk Reynolds Riley Robinson

Scott Shapard Starr Stephens Summers

TUESDAY, MARCH 7, 1978

3291

Sutton Tate Thompson Timmons

Traylor Turner Tysinger Wessels

Those voting in the negative were Senators:

Doss

Langford

Stumbaugh

Those not voting were Senators:

Brantley Broun of 46th Brown of 47th Duncan (excused conferee)

English Gillis Hudgins Pearce

Russell Walker
(excused conferee)

On the passage of the bill, the yeas were 43, nays 3.

The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in amending the following bill of the Senate:
SB 445. By Senators Johnson of the 34th, Barnes of the 33rd and Allgood of the 22nd: A bill to amend an Act to comprehensively and exhaustively revise, supersede, and modernize appellate and other posttrial procedure in civil and criminal cases, as amended, so as to provide that the notice of appeal shall not serve as a supersedeas in child custody and habeus corpus cases; to provide an effective date.
The House has appointed a Committee of Conference on the following bill of the Senate:

SB 428. By Senators Kidd of the 25th and Broun of the 46th:
A bill to amend Code Chapter 34-11, relating to ballots in elections, as amended, so as to provide for the election of unopposed candidates in special elections.

The Speaker has appointed on the part of the House the following members

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JOURNAL OF THE SENATE,

thereof: Representatives Bray of the 70th, Hawkins of the 50th and Cooper of the 19th.

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 1648. By Representative Isakson of the 20th: A bill to amend an Act prohibiting the transportation of garbage, trash, waste or refuse across State or county boundaries under certain conditions so as to require the permission of the governing authority of a county in which the garbage, trash, waste or refuse is collected.
The Speaker has appointed on the part of the House the following members thereof:
Representatives Johnson of the 72nd, Cooper of the 19th and Isakson of the 20th.
The House has adopted the following resolution of the House:
HR 773. By Representative Ross of the 76th: A resolution declaring legislative intent regarding programs for gifted students, utilization of APEG Section 5 Special Education teaching personnel in local programs for the gifted.
The following bill of the Senate was taken up for the purpose of considering the Conference Committee report thereon:

SB 428. By Senators Kidd of the 25th and Broun of the 46th: A bill to amend Code Chapter 34-11, relating to ballots in elections, as amended, so as to provide for the election of unopposed candidates in special elections.
The Conference Committee report on SB 428 was as follows:
Mr. President: Mr. Speaker:
Your Conference Committee on Senate Bill 428 has met and recom mends the following:
(1) That the House recede from its position on S. B. 428;
(2) That the Senate recede from its position on S.B. 428;

TUESDAY, MARCH 7, 1978

3293

(3) That the attached Substitute to S.B. 428 be adopted.

FOR THE SENATE
fa/ Culver Kidd Senator, 25th District
Isl Jack L. Stephens Senator, 36th District
Isl W. Lee Robinson Senator, 27th District

Respectfully submitted,
FOR THE HOUSE
Isl Claude A. Bray, Jr. Representative, 70th District
/s/ John Hawkins Representative, 50th District
/s/ Bill Cooper Representative, 19th District, Posts

Conference Committee Substitute to SB 428:
A BILL
To be entitled an Act to amend Code Title 34, relating to elections, so as to provide for the election of unopposed candidates in special elections; to provide for forms of official election ballots; to provide for forms of ballot labels on voting machines; to provide for an effective date; to provide for repeal under certain circumstances; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Title 34, relating to elections as amended, is hereby amended by adding, following Code Section 34-1111, a new Code Section 34-1112, to read as follows:
"34-1112. Unopposed candidates. Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate, then no name shall appear on the special election ballot unless a write-in candidate has qualified as provided by law. Further, if there are no opposed candidates, no eligible write-in candidates and no issues to be submitted to the electorate, no elec tion shall be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The superintendent shall certify such unopposed candidate as elected in the same manner as he certifies other candidates as elected pursuant to Section 34-1504."
Section 2. Said Code Title is further amended by adding a new sub section at the end of Code Section 34-1208, relating to form of ballot labels on voting machines, to be designated subsection (j), to read as follows:
"(j) Any other provision of law to the contrary notwith standing, in the event there is no opposed candidate, then no name shall appear on the special election ballot labels unless a write-in candidate has qualified as provided by law. Further, if there are

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JOURNAL OF THE SENATE,

no opposed candidates, no eligible write-in candidates and no issues to be submitted to the electorate, no election shall be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The superintendent shall certify such unopposed candidate as elected in the same manner as he certifies other candidates as elected pursuant to Section 34-1504."

Section 3. The provisions of this Act shall become effective on January 1, 1979, only in the event an amendment to Article II, Section III, Paragraph III of the Constitution requiring write-in candidates in special elections to file notices of intention to candidacy is ratified at the 1978 general election. The provisions of this Act shall remain in effect only so long as such constitutional amendment remains in effect.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kidd of the 25th moved that the Senate adopt the Conference Com mittee report on SB 428.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Bond Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge Pincher Poster Greene

Hill Holloway Howard Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds Riley

Robinson Scott Starr Stephens Summers Sutton Tate Thompson Timmons Tray lor Turner Tysinger Wessels

Those voting in the negative were Senators:

Banks Barnes Coverdell

Evans Johnson

Shapard Stumbaugh

Those not voting were Senators:

Allgood (excused conferee) Brantley Broun of 46th

Duncan (excused conferee) English Gillis

Hudgins Pearce Russell Walker

TUESDAY, MARCH 7, 1978

3295

On the motion, the yeas were 39, nays 7; the motion prevailed, and the Senate adopted the Conference Committee report on SB 428.

The President announced that the Senate would stand in recess from 6:55 o'clock P.M. until 7:30 o'clock P.M.

At 7:30 o'clock P.M., the President called the Senate to order.

The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

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.
Senate Sponsor: Senator Overby of the 49th.

The Senate Committee on Judiciary offered the following substitute to HB 574:
A BILL
To be entitled an Act to amend Code Section 113-607, relating to notice of motion for probate in solemn form, as amended, so as to pro vide 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; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 113-607, relating to notice of motion for probate in solemn form, as amended, is hereby amended by striking subsection (b) thereof in its entirety, and inserting in lieu thereof a new subsection (b), to read as follows:
"(b) Where the residence or abiding place of a nonresident to be notified is known or if a known party resides without the State either voluntarily or involuntarily under circumstances which make it difficult to determine if said person is a legal resident of Georgia or of some foreign state, the propounder shall file in the court a copy of the notice which is to be published, and, thereupon, it shall be the duty of the clerk of the probate court, if there be one other than the judge of the probate court, and if not, then the duty of the

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JOURNAL OF THE SENATE.

judge of the probate court, as clerk of the court, within three days after the first publication of said notice in such newspaper, to direct, stamp, and mail a copy or duplicate of the notice contained in the newspaper, or a statement reproducing the entire contents of the notice contained in the newspaper, to the party to be notified."

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 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barnes Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Evans

Fincher Foster Gillis Greene Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Scott Shapard Starr Stumbaugh Summers Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Bond Brantley Duncan (excused conferee) Eldridge English

Hill Holloway Howard (excused conferee) Hudgins Hudson Langford

Russell Stephens Sutton Tate Timmons Traylor

On the passage of the bill, the yeas were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

TUESDAY, MARCH 7, 1978

3297

HB 1591. By Representative Hatcher of the 131st:
A bill to amend an Act known as the Georgia Motor Vehicle Accident Reparations Act so as to provide that certain courts shall have jurisdic tion to try persons charged with operating a motor vehicle without insurance.
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 Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher

Poster Gillis Greene Hill Holloway Howard Johnson Kennedy Kidd Lester McGill Paulk Reynolds Riley

Those not voting were Senators:

Bell Bond Duncan (excused conferee) English

Evans (excused conferee) Hudgins Hudson Langford

Russell Scott Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Overby Pearce Robinson (excused conferee) Stephens Traylor

On the passage of the bill, the yeas were 43, 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:

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JOURNAL OF THE SENATE,

HB 1386. By Representatives Kemp of the 139th, Davis of the 99th, Johnston and Tolbert of the 56th and others:
A bill to amend Code Section 56-407.1, relating to uninsured motorist coverage, so as to change the maximum amounts of such coverage which may be obtained from an insurer; to provide for editorial revision.

The Conference Committee report on HB 1386 was as follows:

Mr. President: Mr. Speaker:

Your Conference Committee on House Bill 1386 has met and recom mends the following:
(1) That the House recede from its position on H. B. 1386;
(2) That the Senate recede from its position on H. B. 1386;
(3) That the attached Substitute to H. B. 1386 be adopted.

FOR THE SENATE
/s/ Thomas F. Allgood, Senator 22nd District
/s/ Peter L. Banks, Senator ITthDistrist
/s/ Roy E. Barnes, Senator 33rd District

Respectfully submitted,
FOR THE HOUSE
/s/ Rene D. Kemp, Representative 139th District
/s/ Larry Walker, Representative 115th District
/s/ Charles Hatcher, Representative 131st District

Conference Committee Substitute to HB 1386:
A BILL
To be entitled an Act to amend Code Section 56-407.1, relating to uninsured motorist coverage, as amended, so as to change the maximum amounts of such coverage which may be obtained from an insurer; to change certain procedures; to provide for editorial revision; to provide for the primary insurer where there is concurrent coverage; to provide for other coverages; to provide for other matters relative to the fore going; to provide for application; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 56-407.1, relating to uninsured motorist coverage, as amended, is hereby amended by striking subsection (a) thereof in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

TUESDAY, MARCH 7, 1978

3299

"(a). (1) No automobile liability policy or motor vehicle liability policy shall be issued or delivered in this State to the owner of such vehicle, or shall be issued or delivered by any insurer licensed in this State, upon any motor vehicle then principally garaged or principally used in this State, unless it contains an endorsement or provisions undertaking to pay the insured all sums which he shall be legally entitled to recover as damages from the owner or opera tor of an uninsured motor vehicle, within limits exclusive of inter ests and costs which, at the option of the insured, shall be:

(A) Not less than $10,000 because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, $20,000 because of bodily injury to or death of two or more persons in any one accident, and $5,000 because of injury to or destruction of property of the insured,

(B) Not greater than the limits of liability because of bodily injury to or death of one person in any one accident and of two or more persons in any one accident, and because of injury to or destruction of property of the insured which are contained in the insured's personal coverage in the automobile liability policy or motor vehicle liability policy issued by the insurer to the insured.

(2) The coverage for injury to or destruction of property of the insured as provided in paragraph (1) may provide an exclusion of not more than the first $250 of such loss or damage to any insured in any one accident.

(3) The coverage required under paragraph (1) shall not be applicable where any insured named in the policy shall reject the minimum coverage in writing. However, the insurer shall not be required to issue any coverage for any amount greater than the minimum coverage unless the insured shall request in writing such higher limits. Such coverage need not be provided in or supplemen tal to a renewal policy where the named insured had rejected the coverage in connection with a policy previously issued to him by the same insurer.
(4) The application for discharge in bankruptcy by an un insured motorist as defined in this law or the appointment of a trustee in bankruptcy for an uninsured motorist as defined in this law or the discharge in bankruptcy of an uninsured motorist as defined in this law shall not affect the legal liability of an uninsured motorist as such term legal liability is used in this law, and such application for voluntary or involuntary bankruptcy, the appoint ment of a trustee in bankruptcy, or the discharge in bankruptcy of such an uninsured motorist shall not be pleaded by the insurance carrier providing uninsured motorist protection in bar of any claim of an insured person as defined in this law so as to defeat pay ment for damages sustained by any insured person by the insurance company providing uninsured motorist protection and coverage under the terms of this Act as now or hereafter amended; but, such in surance company or companies shall have the right to defend any such action in its own name or in the name of the uninsured motorist and shall make payment of any judgment up to the limits of the

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JOURNAL OF THE SENATE,

applicable uninsured motorist insurance protection afforded by its policy. In such cases the uninsured motorist, upon being- discharged in bankruptcy, may plead such discharge in bankruptcy against any subrogation claim of any such uninsured motorist carrier making payment of a claim or judgment in favor of an uninsured person, and such uninsured motorist may plead his discharge in bankruptcy in bar of all amounts of an insured person's claim in excess of un insured motorist protection available to such insured person."

Section 2. The provisions of this Act shall apply with respect to motor vehicle liability insurance policies issued or delivered in this State on or after January 1, 1979.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Allgood of the 22nd moved that the Senate adopt the Conference Committee report on HB 1386.

On the motion, 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 Evans

Fincher Foster Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Paulk Reynolds

Riley Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson
Timmons Turner
Tysinger Walker Wessels

Those not voting were Senators:

Bond
Duncan (excused conferee) English

Hudgins Overby Pearce

Robinson (excused conferee) Scott Traylor

On. the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1386.

TUESDAY, MARCH 7, 1978

3301

The following general bill of the! House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1767. By Representatives Elliott of the 49th, Johnston and Butler of the 56th and others:
A bill to amend Code Section 113-1301, relating to county administrators, so as to provide for the appointment of assistant county administrators in all counties of this State having a population of not less than 400,000 nor more than 600,000 according to the United States decennial census of 1970 or any future such census.
Senate Sponsor: Senator Bell of the 5th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Evans

Fincher Foster Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Paulk Pearce

Reynolds Riley Russell Scott Shapard Starr Stephens Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators :

Bond Duncan (excused conferee) English

Hudgins Overby Robinson (excused conferee)

Stumbaugh Traylor

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 Senate was taken up for the purpose of considering the House action thereto:

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JOURNAL OF THE SENATE,

SB 445. By Senators Johnson of the 34th, Barnes of the 33rd and Allgood of the 22nd:
A bill to amend an Act to comprehensively and exhaustively revise, supersede, and modernize appellate and other posttrial procedure in civil and criminal cases, as amended, so as to provide that the notice of appeal shall not serve as a supersedeas in child custody and habeas corpus cases; to provide an effective date.

Senator Johnson of the 34th moved that the Senate adhere to its disagreement to the House amendment to SB 445, and that a Conference Committee be appointed.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 445.

The President appointed as a Conference Committee the following: Senators Johnson of the 34th, Evans of the 37th and Banks of the 17th.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1725. By Representative Ham of the 80th:
A bill to amend an Act relating to cash appearance bonds in traffic cases so as to provide who shall deliver receipts for bonds; to provide an effective date.
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 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 Russell Scott Shapard

Starr Stephens
Summers Sutton

TUESDAY, MARCH 7, 1978

3303

Tate Thompson
Timmons Turner

Tysinger Walker Wessels

Those not voting were Senators:

Bond Duncan

English Hudgins

Stumbaugh Traylor

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1641. By Representatives Walker of the 115th, Snow of the 1st, Evans of the 84th and others:
A bill to amend Code Section 59-112, relating to persons exempt from jury duty, so as to provide that a person other than the judge may be appointed by the judge to excuse jurors; to provide for establishment of guidelines by court rule. Senate Sponsor: Senator Langford of the 51st.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Evans

Pincher 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 Turner Tysinger Walker Wessels

Voting in the negative were Senators Russell and Timmons.

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Bond Coverdell

English Holloway

Hudgins Traylor

On the passage of the bill, the yeas were 48, nays 2.

The bill, having received the requisite constitutional majority, was passed.

The following bills of the House were taken up for the purpose of considering the House action thereto:

HB 1648. By Representative Isakson of the 20th:
A bill to amend an Act prohibiting the transportation of garbage, trash, waste or refuse across State or county boundaries under certain con ditions so as to require the permission of the governing authority of a county in which the garbage, trash, waste or refuse is located.

Senator Johnson of the 34th moved that the Senate adhere to the Senate sub stitute to HB 1648, and that a Conference Committee be appointed.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1648.

The President appointed as a Conference Committee the following:

Senators Ballard of the 45th, Greene of the 26th and Johnson of the 34th.

HB 1786. By Representative Ham of the 80th:
A bill to amend an Act entitled "An Act to amend Code Chapter 26-29, relative to crimes involving dangerous instrumentalities and practices, so as to provide that it shall be unlawful for any person to fire or dis charge a firearm on the property of another person, firm or corporation without having first obtained permission from the owner or lessee of such property, except from the provisions of this Act in all counties hav ing a population of not less than 10,700 or more than 11,300, according to the United States Decennial Census of 1970.

The House amendment was as follows:
Amend the Senate amendment to HB 1786 by striking all of lines 3, 4, 5 and 6 on Page 1 and inserting in lieu thereof the following:
By striking the word "the" on line 11 of Page 1 and inserting in lieu thereof the word "certain"; and

TUESDAY, MARCH 7, 1978

3305

By adding before the word "in" on line 12: of Page 1 the following: "during certain hours"; and

By adding after the word "provisions" on line 5 of Page 2 the follow

ing:

t

"of Section 2"; and

By adding after the word "applicable" on line 6 of Page 2 the following:

"between the hours of 9:00 A.M. and 4:00 P.M. on Sunday".

Senator Robinson of the 27th moved that the Senate agree to the House amendment to the Senate amendment to HB 1786.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1786.

The following bills of the House were taken up for the purpose of consider ing the Conference Committee reports thereon:

HB 1417. By Representatives Kemp of the 139th, Walker of the 115th, Tuten of the 153rd and others:
A bill to amend Code Sections 34-605 and 34A-503, relating to qualifi cations of registrars and deputy registrars, so as to clarify a certain ineligibility.

The Conference Committee report on HB 1417 was as follows:

Mr. President and Mr. Speaker:

Your Conference Committee on HB 1417 has met and submits the following recommendations:

That the Senate recedes from its position and that the House Com mittee Substitute to HB 1417 be adopted.

FOR THE SENATE
Is/ Franklin Sutton Senator, 9th District
Is/ Culver Kidd Senator, 25th District
/s/ James L. Paulk Senator, 13th District

Respectfully submitted,
FOR THE HOUSE
1st Rene D. Kemp Representative, 139th District
/s/ Claude Bray Representative, 70th District
/s/ Dewey Rush Representative, 121st District

3306

JOURNAL OP THE SENATE.

Senator Button of the 9th moved that the Senate adopt the Conference Com mittee report on HB 1417.

On the motion, 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 Evans

Fincher Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Those not voting were Senators:

Bond English

Johnson Starr

Reynolds Riley Robinson Russell Scott Shapard Stephens Stumbaugh Summers Button Tate Thompson Timmons Turner Tysinger Walker Wessels
Traylor

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1417.

HB 1320. By Representative Burruss of the 21st:
A bill to amend Code Title 45, known as the "Game and Fish Code", so as to change the provisions relative to legal weapons for hunting wildlife.

The Conference Committee report on HB 1320 was as follows:
The Conference Committee on House Bill 1320 recommends that both the Senate and the House recede from their respective positions and

TUESDAY, MARCH 7, 1978

3307

that the attached Conference Committee Substitute to House Bill 1320 be adopted.

FOR THE SENATE
/s/ Ronnie Walker Senator, 19th District
/s/ Ed Barker Senator, 18th District
/s/ Loyce W. Turner Senator, 8th District

Respectfully submitted,
FOR THE HOUSE
/s/ A. L. Burruss Representative, 21st District
/s/ Howard H. Rainey Representative, 135th District
/s/ Benson Ham Representative, 80th District

Conference Committee Substitute to HB 1320:
A BILL
To be entitled an Act to amend Code Title 45, known as the "Game and Fish Code", so as to change the provisions relative to legal weapons for hunting wildlife; to amend an Act known as the "Georgia Firearms and Weapons Act," approved April 8, 1968 (Ga. Laws 1968, p. 983), as amended, so as to provide that it shall be unlawful to sell within this State any device which has the effect or is intended to have the effect of converting a muzzle-loading handgun into a breach-loading hand gun; to provide for a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 45, known as the "Game and Fish Code", is hereby amended by striking subsection (c) of Code Section 45-503 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) Firearms for hunting deer are limited to 20 gauge shot guns or larger shotguns loaded with slugs or buckshot (exception: no buckshot is permitted on State Wildlife Management Areas un less otherwise specified), muzzle loading rifles of .44 caliber or larger, and rifles using any center fire cartridge .22 caliber or larger; provided, however, a .218 Bee; .22 Hornet; .25-20; .256 Magnum; guns using .30 caliber Army carbine cartridges; .32-20; .32-40; .38 Special; .38-40; and .44-40 shall not be used. Handguns with a barrel length of 5.9 inches or more, adjustable sights, and of the following calibers: .30 Herrett, .357 Magnum, .357 Herrett, .357 Automag, .41 Magnum, .41 Automag, .44 Magnum, .44 Automag, .45 Long Colt, and .45 Automag may also be used for hunting deer. Bullets used in all rifles and handguns must be of the ex panding type.",
and by striking subsection (e) of said Code Section 45-503 which reads as follows:

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JOURNAL OF THE SENATE,

"(e) Shotguns must be plugged to limit them to a capacity of not more than three (3) shells in the magazine and chamber com bined. The plug must be of one piece, incapable of being removed through the loading end of the magazine, and",

in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:

"(e) (1) For hunting deer, shotguns shall be limited to a ca pacity of not more than five (5) shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine.

(2) For hunting all other game, shotguns shall be limited to a capacity of not more than three (3) shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine."

Section 2. The Act known as the "Georgia Firearms and Weapons Act", approved April 8, 1968 (Ga. Laws, p. 983), as amended, is hereby amended by inserting between Sections 5 and 6 a new Section to be designated Section 5A and to read as follows:

"Section 5A. It shall be unlawful for any person to sell within this State any device which has the effect or is intended to have the effect of converting a muzzle-loading handgun into a breach-loading handgun. 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 Barker of the 18th moved that the Senate adopt the Conference Committee report on HB 1320.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th

Carter Dean of 31st Doss Evans Fincher Foster Greene Hill Holloway

Hudson Johnson Kennedy Kidd Langford McGill Overby Paulk Reynolds

Riley
Robinson Russell
Scott Shapard

TUESDAY, MARCH 7, 1978

Starr Stephens Sutton Tate

Turner Tysinger Walker Wessels

3309

Those voting in the negative were Senators:

Allgood Eldridge

Lester Pearce

Stumbaugh

Those not voting were Senators:

Coverdell Dean of 6th Duncan English

Gillis Howard Hudgins Summers

Thompson Timmons Traylor

On the motion, the yeas were 40, nays 5; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1320.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1301. By Representatives Scott of the 123rd, Hill of the 127th, Smyre of the 92nd and others:
A bill to amend Code Section 56-507, relating to standards applicable to insurance rates, so as to provide that no insurer shall base any stan dard or rating plan on vehicle insurance, in whole, or in part, directly or indirectly, upon race, creed, ethnic extraction, age, sex, length of driving experience, credit bureau rating or marital status.
Senate Sponsor: Senator Riley of the 1st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Fincher Foster Greene Hill Holloway Howard Hudgins Johnson

3310
Kennedy Kidd Langford Lester McGill Overby - Paulk Pearce Reynolds

JOURNAL OP THE SENATE,

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh

Summers Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Dean of 6th Duncan English

Gillis Hudson

Timmons Traylor

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bills of the House and Senate were taken up for the purpose of considering the 'Conference Committee reports thereon:

HB 1711. By Representatives Daugherty of the 33rd, Hamilton of the 31st, Lambert of the 112th and others:
A bill to safeguard individuals within the State of Georgia from dis crimination in public employment because of race, color, religion, national origin, sex, handicap and age with respect to employment.

The Conference Committee report on HB 1711 was as follows:

Mr. Speaker: Mr. President:

Your Conference Committee on HB 1711 has met and submits the following recommendations:

That the House and Senate recede from their respective positions on said bill and that the attached Conference Committee Substitute be adopted to HB 1711.

Respectfully submitted,

FOR THE SENATE

FOR THE HOUSE

/s/ Pierre Howard Senator, 42nd District

/s/ J. C. Daugherty, Sr. Representative, 33rd District

/s/ Todd Evans Senator, 37th District

/s/ E. R. Lambert Representative, 112th District

/s/ J. EbbDuncan Senator, 30th District

/s/ Albert W. Thompson Representative, 93rd District

TUESDAY, MARCH 7, 1978

3311

Conference Committee Substitute to HB 1711:

A BILL

To be entitled an Act to safeguard individuals within the State of Georgia from discrimination in public employment because of race, color, religion, national origin, sex, handicap and age with respect to employ ment; to define certain terms; to set forth the purpose of this Act, its construction and effect; to make unlawful certain discrimination; to provide that certain employment practices with respect to discrimina tion shall not be unlawful; to provide that preferences in employment practices because of imbalances in employment are not permitted; to create the Office of Fair Employment Practices; to provide for an Ad ministrator of said office; to create a Fair Employment Practices Ad visory Board; to provide for the Administrator's powers and duties, and legal counsel; to provide for a procedure in investigation of com plaints and for the administration and enforcement of this Act; to pro vide for the appointment of a Special Master; to provide that certain types of affirmative action may be ordered by the Special Master; to provide that the Administrator procedure is exclusive; to provide for judicial review; to make unlawful certain practices by one person, or by two or more persons in conspiracy; to make unlawful the violation of the terms of a conciliation agreement; to provide that agency is no defense in certain proceedings under this Act; to provide for enforce ment of orders of the Administrator and Special Master; to provide for civil penalties; to provide for a short title; to provide a severability clause; to provide for a specific repealer; 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. In this Act:
(a) "Administrator" means the Administrator of the Office of Fair Employment Practices.

(b) "Discrimination" means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial or any other act or practice of differentiation in the treatment of a person or persons because of race, color, religion, national origin, sex, handicap or age between forty and sixty-five, or the aiding, abetting, inciting, coercing or compelling thereof.

(c) "Unlawful practice" means an act or practice declared to be an unlawful practice in Sections 3, 4, 5, 20 or 21 of this Act.

(d) "Public employment" means employment by any department, board, bureau, commission, authority or other agency of the State of Georgia.
(e) "Public employer" or "employer" as used in this Act means any department, board, bureau, commission, authority or other agency

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of the State of Georgia which employs fifteen or more employees with in the State for each working day in each of twenty or more calendar weeks in the current or preceding calendar year. The term "public em ployer" shall not include any person elected to public office in this State with respect to (1) employees of the employer in positions, or (2) with respect to individuals applying for positions, on such officer's personal staff or on the policy-making level or as immediate advisors with respect to the exercise of the constitutional or legal powers of the office held by such employer, provided, however, the foregoing exemp tion shall not include such employers with respect to employees, or in dividuals applying for employment, in positions subject to the State Merit System of Personnel Administration or any personnel merit system of any agency or authority of this State.

(f) "Religion" means all aspects of religious observance and prac tice, as well as belief, unless an employer demonstrates that he is un able to reasonably accommodate to an employee's or prospective em ployee's religious observance or practice without undue hardship on the
conduct of the employer's operation.

(g) "Handicap" means a physical or mental impairment which sub stantially limits one or more of a person's major life activities.

(h) "Handicap" means any person who

(1) has a physical handicap, and such handicap will not substan tially interfere with the performance of the employee's duties,

(2) has a record of a mental impairment, and such impairment has been shown by competent medical evidence to have been removed.

Section 2. Purposes of law; construction; effect,

(a) The general purposes of this Act are:

(1) To provide for execution within public employment in the State of the policies embodied in Title VII of the federal Civil Rights Act of 1964 (78 Stat. 241), as amended by the "Equal Employment Opportunity Act of 1972" (86 Stat 103), as from time to time amended, the federal Age Discrimination in Employment Act of 1967 (81 Stat. 602), as from time to time amended, and the federal Rehabilitation Act of 1973 (87 Stat. 355), as from time to time amended.

(2) To safeguard all individuals in public employment from dis crimination in employment.

(3) To promote the elimination of discrimination against all indi viduals in public employment because of such individuals' race, color, religion, national origin, sex, handicap and age; thereby to promote the protection of their interest in personal dignity and freedom from humiliation, to make available to the State their full productive capac ities, to secure the State against domestic strife and unrest which would menace its democratic institutions, to preserve the public safety, health

TUESDAY, MARCH 7, 1978

3313

and general welfare and to further the interests, rights and privileges of individuals within the State.

(b) This Act shall be construed to further the general purposes stated in this Section and the special purposes of the particular pro vision involved.

(c) Nothing in this Act shall be construed as indicating an intent to exclude local or federal laws on the same subject matter not incon sistent with this Act.

(d) Nothing contained in this Act shall be deemed to repeal any other nonconflicting law of this State relating to discrimination because of race, color, religion, national origin, sex, handicap or age.

Section 3. Employers; discrimination. It is an unlawful practice for an employer:

(a) To fail or refuse to hire, or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individual's race, color, religion, national origin, sex, handicap or age between forty and sixty-five; or

(b) To limit, segregate or classify his employees in any way which would deprive or tend to deprive an individual of employment oppor tunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, national origin, sex, handi cap or age between forty and sixty-five; or
(c) To hire, promote or advance, segregate or affirmatively hire an individual solely as a result of race, color, religion, national origin, sex, handicap or age between forty and sixty-five.
Section 4. Apprenticeship or training, discrimination. It is an un lawful practice for an employer controlling apprenticeship or other train ing or retraining, including on-the-job training programs to discriminate against an individual because of his race, color, religion, national origin, sex, or handicap in admission to or employment in any program es tablished to provide apprenticeship or other training or to discriminate by allowing admission or promotion to an apprenticeship or training solely as the result of race, color, religion, national origin, sex, handicap or age between forty and sixty-five.

Section 5. Advertisement of employment. It is an unlawful prac tice for an employer to print or publish or cause to be printed or publish ed a notice or advertisement relating to employment by such an em ployer indicating any preference, limitation, specification, or discrim ination, based on race, color, religion, national origin, sex, handicap or age between forty and sixty-five, except that such a notice or adver tisement may indicate a preference, limitation or specification based on religion, national origin, sex, handicap or age between forty and sixty-five, when religion, national origin, sex, handicap or age between

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forty and sixty-five is a bona fide occupational qualification for em ployment.

Section 6. Religion or national origin, employment discrimination is not unlawful in certain cases. Notwithstanding any other provisions of this Act, it is not an unlawful practice for an employer to hire and employ employees or to select an individual in any training program, on the basis of religion or national origin in those certain instances where religion or national origin is a bona fide occupational qualifica tion reasonably necessary to the normal operation of that particular business or enterprise.

Section 7. Discrimination in wages or conditions not unlawful when made on basis other than race, color, religion or national origin, sex, handicap or age. Notwithstanding any other provision of this Act, it is not an unlawful practice for an employer to apply different standards of compensation or different terms, conditions or privileges of employ ment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to em ployees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, national origin, sex, handicap or age between forty and sixtyfive; nor is it an unlawful practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results thereof is not designed, intended or used to discriminate because of race, color, religion, national origin, sex, handicap or age between forty and sixty-five.

Section 8. Preference because of imbalance in employment not per mitted, (a) Quotas because of imbalances in employee ratios shall not be permitted.

(b) Nothing contained in this Act requires an employer to grant preferential treatment to an individual or to a group because of race, color, religion, national origin, sex, handicap or age between forty and sixty-five of the individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, national origin, sex, handicap or age between forty and sixty-five in the State or a community, section or other area, or in the available work force in the State or a community, section or other area.
(c) Nothing contained in this Act prohibits:
(1) Minimum hiring ages otherwise provided by law.
(2) State compliance with federal regulations.
(3) Termination of the employment of any person who is unable or incompetent or refuses to perform his duties.
(4) Any physical or medical examinations of applicants or em ployees which an employer requires to determine fitness for the job or position sought or held.

TUESDAY, MARCH ?, im

3315

(5) An employer from observing the terms of a bona fide senior ity system or any bona fide employee benefit plan, such as a retirement, pension or insurance plan which is not a subterfuge to evade the purposes of this Act.

Section 9. Fair Employment Practices Advisory Board, (a) A Fair Employment Practices Advisory Board is hereby created. The Board shall consist of nine persons. The members of the Board shall be appoint ed, subject to the confirmation by the Senate, by the Governor for threeyear terms, except as hereafter provided. Of the Governor's initial appointments, three shall be for one-year terms, three shall be for twoyear terms, three shall be for three-year terms. In the event of a vacancy during the term of any member appointed by the Governor, whether by reason of death, resignation or otherwise, the appointment of a succes sor by the Governor shall be only for the remainder of the unexpired term.

(b) The Board shall annually elect a chairman and such other offi cers as it deems appropriate and shall meet at least three times a year at a time and place specified in writing by the Administrator. The Board may also meet from time to time upon its own motion as deemed neces sary by a majority of the members thereof for the purposes of conduct ing routine or special business. Each member of the Board shall serve without pay but the members who are not otherwise State officials or employees shall receive a per diem of $44.00 for each day said mem bers are engaged in their official duties and the legal mileage allownance authorized for State employees for the use of their personal auto mobiles while engaged in the official duties of the Board.

(c) The Board shall assist the Administrator in an advisory ca pacity in carrying out the duties and functions of the office including, but not limited to, matters relating to fair employment practices and the effectiveness of the State programs and operations.

(d) The Board shall make a written report to the Governor by December 31 of each year. Such report shall advise the Governor of the Board's activities and the administration of this Act, with such recommendations for change, if any, as the Board deems proper.

Section 10. Administrator. There is hereby created the Office of Fair Employment Practices. The Governor shall appoint an Adminis trator of the office of Fair Employment Practices, who shall serve at the pleasure of the Governor. The office of Fair Employment Practices shall be attached to the office of the Governor for administrative purposes only.
Section 11. Administrator's function. The function of the Admin istrator shall be to encourage fair treatment for and to discourage un lawful discrimination in public employment.

Section 12. Administrator's powers and duties; legal counsel, (a) The powers and duties of the Administrator shall be:

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(1) To employ all necessary personnel subject to the limitation of available funds.

(2) To conduct research projects or make studies into and publish reports on unlawful practices in public employment.

(3) To receive and investigate complaints of unlawful practices.

(4) To cooperate with other organizations, public and private, to discourage unlawful practices.

(5) To make an annual report to the Governor and the General Assembly of its activities under this Act.

(6) In the event the Administrator determines that there is rea sonable cause to believe that an agency or authority has engaged in an unlawful practice as defined in this Act, and the Administrator's staff is unable to eliminate the alleged unlawful practice by conference, con ciliation and persuasion, the Administrator shall refer the complaint to a Special Master as hereinafter provided for.

(b) The Attorney General shall be the legal counsel for the Ad ministrator. Except as otherwise provided in this Act, the Attorney General, or such member or members of his staff as he may designate, shall advise the Administrator in legal matters arising in the discharge of his duties and shall represent the Administrator in legal actions to which he is a party.

Section 13. Additional powers and duties. In the enforcement of this Act the Administrator shall have the following powers and duties:
(a) To maintain an office in the 'City of Atlanta and such other offices within the State as may be deemed necessary.
(b) To meet and exercise his powers at any place within the State.
(c) Within the limitations provided by law, to appoint clerks and other employees and agents as he may deem necessary.
(d) To cooperate with State, local and other agencies, both public and private, and individuals, and to obtain upon request and utilize the services of all governmental departments and agencies.

(e) To cooperate with the United States Equal Employment Op portunity Commission created by Section 705 of the Civil Rights Act of 1964 (78 Stat. 241), as amended, in order to achieve the purposes of that Act, and with other federal and local agencies in order to achieve the purposes of that Act, and with other federal and local agencies in order to achieve the purposes of this Act.

(f) To accept gifts or bequests, grants or other payments, public or private, on behalf of the State of Georgia and to pay such monies into the State Treasury.

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3317

(g) To accept on behalf of the State of Georgia reimbursement pursuant to Section 709 (b) of the Civil Rights Act of 1964 (78 Stat. 241), as amended, for services rendered to assist the Federal Equal Employment Opportunity Commission.

(h) To receive, initiate, investigate and seek to conciliate complaints alleging violations of this Act.

(i) To furnish technical assistance requested by persons subject to this Act to further their compliance with this Act or an order issued thereunder.
(j) Upon the approval of the Board, to make studies appropriate to effectuate the purposes and policies of this Act and upon approval of said Board to make the results thereof available to the public.

(k) To render annual written reports to the Governor and the General Assembly. The reports may contain recommendations of the Administrator for legislative or other action to effectuate the purposes and policies of this Act.
(1) To make provision for technical and clerical assistance to the Fair Employment Practices Advisory Board.

(m) To apply to the Federal Equal Employment Opportunity Commission for status as a "deferral agency" under Section 706 of the Civil Rights Act of 1964 (78 Stat. 241), as amended, as provided by the rules and regulations of said Commission, or as a "referral agency" under Section 709 of the Civil Rights Act of 1964 (78 Stat. 241), as amended.
Section 14. Complaints of discrimination in employment; procedure; conciliation agreements, enforcement, (a) An individual claiming to be aggrieved by an unlawful practice or other person on behalf of an individual claiming to be aggrieved by an unlawful practice may file with the Administrator a written sworn complaint stating that an un lawful practice has been committed, setting forth the facts upon which the complaint is based and setting forth facts sufficient to enable the Administrator to identify the employer charged (hereinafter the re spondent). The Administrator's staff shall promptly investigate the allegations of unlawful practice set forth in the complaint and shall within 15 days of filing serve the respondent with a copy of the com plaint. The complaint shall be barred unless filed within one hundred eighty days after the alleged unlawful practice occurs.

(b) The Administrator shall determine within a reasonable time after the complaint has been filed whether there is reasonable cause to believe the respondent has engaged in an unlawful practice. If it is determined that there is no reasonable cause to believe that the respon dent has engaged in an unlawful practice, the Administrator shall issue an order dismissing the complaint.

(c) The complainant, within 10 days after receiving a copy of the order dismissing the complaint, may file with the Administrator an

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JOURNAL OP THE SENATE,

application for reconsideration of the order. Upon such application, the Administrator shall make a new determination within fifteen days whether there is reasonable cause to believe that the respondent has engaged in an unlawful practice. If it is again determined that there is no reasonable cause to believe that the respondent has engaged in an unlawful practice, the Administrator shall issue an order dismissing the complaint.
(d) If the Administrator determines, after investigation, or if the Administrator determines after the review provided for in subsection (c) above, that there is reasonable cause to believe that the respondent has engaged in an unlawful practice, the Administrator's staff shall first endeavor to eliminate the alleged unlawful practice by conference, conciliation and persuasion. The terms of a conciliation agreement reached with a respondent may require him to refrain from the com mission of unlawful discriminatory practices in the future and make such further provisions as may be agreed upon between the Administrator and the respondent. If a conciliation agreement is entered into, the Administrator shall issue and serve on the complainant a final order stating its terms. Except for the terms of the conciliation agreement, neither the Administrator nor any agent thereof shall make public, without the written consent of the complainant and the respondent, information concerning efforts in the particular case to eliminate an unlawful practice by conference, conciliation or persuasion whether or not there is a determination of reasonable cause or a conciliation agree ment.
(e) At the expiration of one year from the date of a conciliation agreement, and at other times in its reasonable discretion, the Admin istrator's staff may investigate whether the terms of the agreement have been and are being complied with by the respondent. The Admin istrator shall report his findings to the complainant and the respondent.

Section 15. Notice and hearing, procedure, (a) Within 60 days after a complaint is filed, unless the Administrator has issued an order dismissing the complaint or stating the terms of a conciliation agreement, the Administrator shall request that the Governor appoint a Special Master to conduct a hearing in accordance with the provisions of this Act. Not more than 15 working days after such request, the Governor shall select and appoint a Special Master, who must be an attorney licensed to practice law in the State of Georgia. The Special Master shall have all of the power and authority granted to agencies in conductting hearings and rendering final orders under the Georgia Administra tive Procedure Act, including, but not limited to, subpoena power.

(b) Not more than seven days after the appointment of the Special Master, the Administrator shall serve on the respondent and on the complainant or his attorney by registered or certified mail a written notice, together with a copy of the complaint, requiring the respondent to answer the charges contained therein at a hearing before the Special Master at a time and place specified in the notice. Such notice must contain all general and specific charges against the respondent.

(c) The respondent shall serve an answer with the Special Master by registered or certified mail not more than 20 working days after

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3319

receipt of the notice of hearing which 20 working days may be extended by the Special Master, in his discretion, for an additional time not to exceed 10 working days. The respondent must serve a copy of his answer on the complainant or his attorney. Upon leave of the Special Master, the complainant may amend the charges contained in the notice of hear ing. The respondent may amend an answer at any time prior to the hearing or, upon leave of the Special Master, may amend thereafter. No final order shall be issued unless the respondent has had the op portunity of a hearing on the charges contained in the notice of hearing or amendment on which the final order is based. At any time after a notice of hearing is served upon a respondent, discovery shall be au thorized in the same manner and fashion as discovery is permitted under the provisions of Sections 26 through 37 of Ga. Laws 1966, p. 609, as amended. Any order contemplated in the aforesaid Sections 26 through 37 may be issued by the Special Master. Judicial enforcement of any such order may be obtained by the complainant or respondent in the same manner as is provided for the enforcement of final orders in Section 23 of this Act.

(d) Efforts at conference, conciliation and persuasion shall not be received in evidence.

(e) A respondent who has filed an answer or whose default in answering has been set aside for good cause shown may appear at the hearing, may examine and cross-examine witnesses and the complainant and may offer evidence. The complainant and, in the discretion of the Special Master, any other person may intervene, examine and crossexamine witnesses and present evidence.

(f) If the respondent fails to answer the complaint, the Special Master may enter his default. Unless the default is set aside for good cause shown, the hearing may proceed on the evidence in support of the complaint.

(g) Testimony taken at the hearing shall be under oath and stenographically, or otherwise, recorded by a certified court reporter. After the hearing, in his discretion, the Special Master, upon notice to all parties with an opportunity to be present, may take further evidence
or hear argument.

(h) Except as otherwise specifically provided for in this Act, all proceedings of the Special Master shall be conducted as provided for with respect to contested cases in the Georgia Administrative Procedure Act.

(i) A complainant may retain, at his own expense, private counsel to represent him in any proceeding provided for under this Act.

Section 16. Findings of Special Master; orders; nature of affirma tive action, (a) If the Special Master determines that the respondent has not engaged in an unlawful practice, the Special Master shall state his findings of fact and conclusions of law and shall issue a final order dismissing the complaint. If the Special Master or Administrator should find the filing of the complaint or charge as frivolous, the respondent

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may be awarded reasonable damages not to exceed $1,000.00 to be paid by the complainant. Said damages may be awarded by the Special Master upon a proper finding that the complaint or charge was brought in bad faith or was frivolous.

(b) If the Special Master determines that the respondent has engaged in an unlawful practice, the Special Master shall state his findings of fact and conclusions of law and shall issue a final order requiring the respondent to case and desist from the unlawful practice and to take remedial action as in the judgment of the Special Master will carry out the purposes of this Act.

(c) Remedial action under this Section may include, but is not limited to:

(1) Hiring, reinstatement or upgrading of employees with or without back pay. No award of back pay shall be ordered pursuant to this Act with respect to any period more than two years prior to the date of the filing with the Administrator of the complaint with respect to which such award of back pay is ordered. Interim earnings, unemployment benefits, workmen's compensation benefits or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable.

(2) Admission or restoration of individuals to participation in a guidance program, apprenticeship training program, on-the-job training program or other occupational training or retraining pro gram and the utilization of objective criteria in the admission of individuals to such programs.

(3) The extension to all individuals of the full and equal en joyment of the advantages, facilities, privileges and services of the respondent.

(4) Reporting as to the manner of compliance.

(5) Posting notices in conspicuous places in the respondent's place of operation in form prescribed by the Administrator or Special Master.

(6) Restoration of employment benefits not otherwise speci fied herein.
(7) Any monetary award ordered pursuant to this Act shall be for actual damages only.

(d)The respondent shall comply without delay with the terms and conditions of such a final order.

Section 17. Judicial review; representation, (a) Any party to a hearing before a Special Master may appeal any adverse final order of a Special Master by filing a petition for review in the superior court

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3321

in the county in which the alleged unlawful practice occurred or in the superior court of the residence of the respondent. Neither the Adminis trator nor the Special Master shall be a named party; however, the Administrator must be served with a copy of the petition for review. Within 30 days after the petition is served on the Administrator, the Administrator shall forward to the court a certified copy of the record of the hearing before the Special Master including the transcript of the hearing before the Special Master, all evidence, administrative plead ings and orders. All appeals for judicial review shall be in accordance with the Georgia Administrative Procedure Act, provided however, if any provisions of the Georgia Administrative Procedure Act conflict with any provision of this Act, this Act controls.

(b) The court shall not substitute its judgment for that of the Special Master as to the weight of the evidence on questions; of fact. The court may affirm a final order of the Special Master or remand the case for further proceedings. The court may reverse or modify the final order if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
(1) In violation of constitutional or statutory provisions;

(2) In excess of the statutory authority of the agency;

(3) Made upon unlawful procedure; (4) Affected by other error of law;

(5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reason able mind might accept as adequate to support said findings, in ferences, conclusions or decisions;

(6) Arbitrary or capricious or charaterized by abuse of discre tion or clearly unwarranted exercise of discretion.
Section 18. Investigations, powers, records, confidential nature of. (a) In connection with an investigation of a complaint of an unlawful practice filed under this Act, the Administrator and the respondent or their designees at any reasonable time shall have access to premises, records and documents relevant to the complaint and the right to examine, photograph and copy evidence.
(b) An employer or other person who believes that the application to them of an order issued under this Act would result in undue hardship may apply to the Administrator for relief from the application of the order. If the Administrator finds that the application of the regulation or order to the employer or person in question would impose an undue hardship, the Administrator may grant appropriate relief.

(c) It is unlawful for the Administrator or employee of the Ad ministrator to make public with respect to a particular employer or person, without his consent, information obtained by the Administrator

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pursuant to his authority under this Section except as shall reasonably be necessary to the conduct of a proceeding under this Act.
Section 19. Administrator procedure exclusive. Neither the Ad ministrator, a. Special Master nor any court of this State shall take jurisdiction over any claim of any unlawful practice under this Act while a claim of the same person seeking relief for the same grievance is pending. A final determination of a claim alleging an unlawful practice under this Act shall exclude any other action or proceeding brought by the same person based on the same grievance.

Section 20. Conspiracy to violate this Act unlawful. It shall be unlawful practice for a person, or for two or more persons to conspire:

(a) To retaliate or discriminate in any manner against a person because he has opposed a practice declared unlawful by this Act, or
because he has made a charge, filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or hear ing concerning an unlawful practice under this Act; or

(b) To aid, abet, incite, compel or coerce a person to engage in any of the acts or practices declared unlawful by this Act; or
(c) To obstruct or prevent a person from complying with the pro visions of this Act or any order issued thereunder; or

(d) To resist, prevent, impede or interfere with the Administrator or any of his representatives or a Special Master in the lawful per formance of duty under this Act; provided, however, it shall not be a violation of this Act for anyone to challenge or resist any action by the Administrator or any of his representatives or a Special Master when there is a good faith belief that the Administrator or his representatives or a Special Master is acting unlawfully or acting in excess of his statutory authority; or

(e) To willfully initiate frivolous and unwarranted charges of dis crimination against a public employer.
Section 21. Conciliation agreements, violation unlawful. It is an unlawful practice for a party to a conciliation agreement made pursuant to subsection (d) of Section 14 of this Act to violate the terms of the agreement.
Section 22. Agency is no defense in certain proceedings under this Act. It shall not be a defense to a violation of this Act by any person subject to the provisions of this Act that the violation was requested, sought or otherwise procured by a person not subject to the provisions of this Act.

Section 23. Enforcement of orders of the Administrator and Special Master. Any person, other than the Administrator or a Special Master, affected by a final order of the Administrator or a Special Master may file in the superior court of the county of the residence of the respondent

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3323

a certified copy of a final order of the Administrator or of a Special Master unappealed from, or of a final order of a Special Master af
firmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though said judgment had been rendered in a suit duly heard and determined by said court.

Section 24. Conspiracy or violation of confidential records, penalty. A person who willfully engages in any of the following unlawful practices may be punished civilly by a fine not to exceed $1,000.00.
(a) For the Administrator or employee of the Administrator to make public with respect to a particular employer or person, without his consent, information obtained by the Administrator pursuant to his authority under Section 19 except as shall reasonably be necessary to the conduct of a proceeding under this Act; or
(b) To retaliate or discriminate in any manner against a person because he has opposed a practice declared unlawful by this Act, or because he has made a charge, filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or hearing concerning an unlawful practice under this Act; or
(c) To aid, abet, incite, compel or coerce a person to engage in any of the acts or practices declared unlawful by this Act; or
(d) To obstruct or prevent a person from complying with the provisions of this Act or any order issued thereunder; or
(e) To resist, prevent, impede or interfere with the Administrator or any of his representatives or a Special Master in the lawful per formance of duty under this Act; provided, however, it shall not be a violation of this Act for anyone to challenge or resist any action by the Administrator or any of his representatives or a Special Master when there is a good faith belief that the Administrator or his representatives or a Special Master is acting unlawfully or acting in excess of his statu tory authority; or
(f) To willfully initiate frivolous and unwarranted charges of discrimination against a public employer;
(g) The violation of this Section shall not be deemed a crime but shall be punished by a civil fine only.
Section 25. Short title. This Act shall be known and may be cited as the Fair Employment Practices Act of 1978.
Section 26. 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-

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JOURNAL OF THE SENATE,

section, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 27. Specific repealer. This Act shall be repealed on July 1, 1980, unless extended or provided otherwise by the General Assembly.

Section 28. Effective date. This Act shall become effective on June 1,1978.

Section 29. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Howard of the 42nd moved that the Senate adopt the Conference Committee report on HB 1711.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bond Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge

Evans Fincher
Foster Greene Holloway Howard Hudson Johnson Kidd Langford Lester McGill

Pearce Riley Russell Scott Shapard Starr Stephens Stumbaugh Summers Tate Turner Wessels

Those voting in the negative were Senators:

Bell Brantley Broun of 46th Coverdell Hill Hudgins

Kennedy Overby Paulk Reynolds Robinson

Those not voting were Senators:

English

Gillis

Button Thompson Timmons Tysinger Walker
Traylor

On the motion, the yeas were 37, nays 16; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1711.

TUESDAY, MARCH 7, 1978

3325

SB 501. By Senators Hudgins of the 15th, Evans of the 37th, Johnson of the 34th and others:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as to change the provisions regarding creation of juvenile courts; to provide for judges; to provide for their compensation, terms of office, appointment and reappointment; to provide for seminars.

The Conference Committee report on SB 501 was as follows:

Mr. President: Mr. Speaker:

Your Conference Committee on SB 501 has met and recommends that the House and Senate recede from their respective positions and that the attached Conference Committee Substitute to SB 501 be adopted.

FOR THE SENATE
1st W. D. "Don" Ballard Senator, 45th District
/s/ Floyd Hudgins Senator, 15th District
/s/ Ed Johnson Senator, 34th District

Respectfully submitted,
FOR THE HOUSE
/s/ John R. Carlisle Representative, 71st District
/s/ Benson Ham Representative, 80th District
/s/ Albert W. Thompson Representative, 93rd District

Conference Committee Substitute to SB 501:
A BILL
To be entitled an Act to amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as to change the provisions regarding creation of juvenile courts; to provide for judges; to provide for their compensation, terms of office, appointment, and reappointment; to provide for seminars; to provide for qualifications of referees; to provide for other matters relative to the above; 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 24A-2, relating to creation of juvenile courts, as amended, is hereby amended by striking Code Section 24A-201 in its entirety and inserting in lieu thereof the following new Code Section 24A-201:
"24A-201. Juvenile courts; judges; seminars, (a) There is hereby created a juvenile court in each county and the judge of that

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JOURNAL OF THE SENATE,

court shall be the judge or judges of the juvenile courts for the superior court judicial circuit encompassing that county.
(b) (1) There shall be a full-time judge of the juvenile courts for each superior court judicial circuit that has, according to the United States Decennial Census of 1970 or any future such census, 40,000 or more children under the age of 17. There shall be at least two full-time judges of the juvenile courts for the Atlanta Judicial Circuit and at least two full-time judges of the juvenile courts for the Stone Mountain Judicial Circuit and there shall be at least one full-time judge of the juvenile court of the Clayton Judicial Circuit. The General Assembly shall add an additional judge, to be selected as provided in this Section, to a judicial circuit for each 40,000 increment in the population of children under the age of 17 in that circuit, according to the United States Decennial Census of 1970 or any future such census.
(2) Full-time judges of the juvenile courts shall be compensa ted by the State at the rate of 75% of the salary and in the same manner as judges of the superior courts and shall receive reimburse ment for travel expenses in the same amount and manner as judges of the superior courts. Provided, however, that any county having on the effective date of this Act a juvenile court judge whose salary and benefits exceed the salary and benefits provided herein shall supplement the salary and benefits paid under this Act so as to insure that such judge shall not suffer a loss of salary and benefits.
(3) Full-time judges of the juvenile courts shall not engage in the private practice of law.
(c) (1) There shall be a part-time judge of the juvenile courts for each judicial circuit that does not have 40,000 children under the age of 17, according to the United States Decennial Census of 1970 or any future such census.
(2) Compensation of part-time judges of the juvenile courts shall be paid by the State and based on the number of children in the judicial circuit under the age of 17, according to the United States Decennial Census of 1970 or any future such census, and shall be the following percentages of the salaries of the full-time judges of the juvenile courts as provided in this Act: in circuits with 25,000--39,999 children, 80% ; in circuits with 18,000--24,999 chil dren, 60%; in circuits with less than 18,000 children, 50%. All parttime judges of the juvenile courts shall receive reimbursement for travel expenses in the same amount and manner as judges of the superior courts.
(3) Part-time judges of the juvenile courts shall be allowed to engage in the practice of law but no part-time judge of the juvenile court shall, directly or indirectly, engage in the practice of law in any cause or matter over which a juvenile court has jurisdiction or which arises, directly or indirectly, from a proceeding in his court.
(d) All judges of the juvenile courts shall have been members of the State Bar of Georgia for a period of five years prior to appointment.

TUESDAY, MARCH 7, 1978

3327

(e) All judges of the juvenile courts shall participate in at least one seminar established by the Council of Juvenile Court Judges each year and shall be reimbursed for reasonable expenses incurred in at tending these seminars in the manner provided by the Council of Juvenile Court Judges.
(f) Each county is hereby authorized to supplement the compensa tion of judge of the juvenile court of that county, whether the judge is a full-time or part-time judge.

(g) Each county may provide to the judge of the juvenile court, in addition to personnel and support services mandated by law, support personnel and services, including, but not limited to, secretaries, pro bation officers, and referees."
Section 2. Code Chapter 24A-2, relating to creation of juvenile courts, as amended, is hereby amended by adding at the end thereof a new Code Section 24A-202, to read as follows:
'24A-202. Terms of office, selection, appointment, and reappointment of judges, (a) (1) In counties where there is no full-time judge serving in an established juvenile court as of June 30, 1980, the first term of office shall be for a period of four years commencing on January 1, 1981. Subsequent terms of office shall commence on January 1, immediately following the expiration of the preceding term of office.
(2) In counties where there is a full-time judge serving in an established juvenile court as of June 30, 1980, those judges shall continue to serve until the expiration of the terms of office for which they were appointed. Upon the expiration of such terms of office and thereafter, the provisions of subsection (4) of this Sec tion regarding the appointment of judges of the juvenile courts shall apply.

(3) Judges of the Juvenile courts shall be appointed according to the provisions of this Section in the following circumstances:

(A) for the terms of office beginning on January 1, 1981;

(B) when a vacancy occurs due to death, resignation or re moval of a judge prior to expiration of the term of office for which he was appointed.

(4) The Governor shall appoint for terms of office of four years a person selected from three persons nominated by the Superior Court Judge or judges of the affected circuit for each judgeship authorized by this Act."

Section 3. Code Chapter 24A-5, relating to the Council of Juvenile Court Judges, is hereby amended by adding at the end thereof a new Code Section 24A-502 to read as follows:

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"24A-502. Training seminars, (a) The Council of Juvenile Court Judges shall establish seminars for all juvenile court judges and appointees and may make provisions relative to those seminars.

(b) These seminars shall offer instruction and training in juvenile law and procedure, child development and psychology, sociological theories relative to delinquency and breakdown of the family structure, and such other training and activities as the Coun cil may determine would promote the quality of justice in the juve nile court system.

(c) Expenses of administration of this seminar program and reasonable expenses incurred by the judges and appointees in at tending these seminars shall be paid from State funds appropriated to the Council for that purpose or from Federal funds available to the Council for that purpose."

Section 4. Code Section 24A-701, relating to referees in juvenile matters, is hereby amended by striking from subsection (a) the fol lowing :

"A referee shall be a member of the State Bar of Georgia or be otherwise qualified for his duties by training and experience.",

and inserting in lieu thereof the following:

"A referee shall be a member of the State Bar of Georgia or shall be a graduate of a law school. Provided, however, that any person serving as a referee on July 1, 1979, shall be qualified for appointment to thereafter serve as a referee."

Section 5. All records of and all proceedings pending in a juvenile court on the effective date of this Act shall be transferred to the juvenile court created in that county by this Act. All orders issued by a juvenile court prior to the effective date of this Act shall continue in effect as an order of the juvenile court created in that county by this Act.

Section 6. This Act shall become effective on July 1, 1980.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Hudgins of the 15th moved that the Senate adopt the Conference Committee report on SB 501.

On the motion, a roll call was taken, and the vote was as follows:

TUESDAY, MARCH 7, 1978

3329

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barnes Bell Brantley Carter 'Coverdell Dean of 31st Evans Howard

Hudgins Hudson Johnson Kidd Lester Paulk Pearce Riley Robinson Russell

Scott Shapard Starr Stephens Stumbaugh Summers Tate Timmons Tysinger Wessels

Those voting in the negative were Senators:

Barker Broun of 46th Brown of 47th
Doss Duncan Eldridge

Fincher Foster Gillis Greene Hill Kennedy

Langford Overby Reynolds Sutton Turner

Those not voting were Senators:

Bond Dean of 6th English

Holloway McGill Thompson

Traylor Walker

On the motion, the yeas were 31, nays 17; the motion prevailed, and the Senate adopted the Conference Committee report on SB 501.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate:
SB 625. By Senator Bell of the 5th:
A bill to amend an Act regulating employment of children, as amended, so as to provide that minors may work as actors or performers in motion pictures or theatrical productions, in radio or television productions, in any other performance, concert or entertainment, in the making of phonographic records, or as advertising or photographic models.

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

3330

JOURNAL OP THE SENATE,

authorize electric utility companies to levy a fuel adjustment charge covering only increases and decreases in certain specified costs.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1450. By Representatives Murphy of the 18th and Colwell of the 4th:
A bill to amend Code Section 91-104a, relating to the State Properties Commission, so as to provide for the compensation of the citizen members of the Commission.
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 Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Evans Foster Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Wessels

Those not voting were Senators:

Ballard English Pincher

Hudgins Pearce Russell

Scott Traylor Walker

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 7, 1978

3331

The following1 bill of the Senate was taken up for the purpose of considering the House action thereto:

SB 625. By Senator Bell of the 5th:
A bill to amend an Act regulating employment of children, as amended, so as to provide that minors may work as actors or performers in motion pictures or theatrical productions, in radio or television pro ductions, in any other performance, concert or entertainment, in the making of phonographic records, or as advertising or photographic models.

The House amendment was as follows:

Amend SB 625 as follows:
By adding on line 9 of Page 1 after the following:
"thereof;",
the following:
"to prohibit the employment of minors for the production of sexually explicit material; to provide for penalties;", and
By adding between lines 25 and 26 of Page 1 the following:
"(b) Provided, however, it is unlawful for any person to knowingly employ any minor to engage in any sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct. Any person violating this provision shall be guilty of a felony and, upon conviction of the violation, shall be punished by imprisonment for not less than one year nor more than ten years in the penitentiary, or by a fine of not more $10,000 or by both.", and
By striking on line 26 of Page 1 the following:
"(b)",
and inserting in lieu thereof the following:
"(c)".

Senator Bell of the 5th moved that the Senate agree to the House amendment to SB 625.
On the motion, 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 Duncan Eldridge

Evans
Fincher Foster
mGrielene
Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Pearce Reynolds Riley Robinson
Scott Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Wessels

Voting in the negative was Senator Starr.

Those not voting were Senators:

English Gillis

Russell Traylor

Walker

On the motion, the yeas were 50, nays 1 ; the motion prevailed, and the Senate agreed to the House amendment to SB 625.

The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 1945. By Representatives Clark of the 55th, Williams of the 54th, Johnston of the 56th and others:
A bill to amend an Act authorizing the sale of malt beverages, wine, or alcoholic beverages by the drink on Sundays in certain counties so as to change the times during which beverages may be sold.
Senate Sponsor: Senator Bell of the 5th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Bell

Bond Brantley Broun of 46th

Coverdell Doss Eldridge

Evans Fincher Holloway Howard Hudgins

TUESDAY, MARCH 7, 1978

3333

Kidd Lester McGill Pearce Riley

Scott Stumbaugh Summers Tate Wessels

Those voting in the negative were Senators:

Ballard Barker Barnes Brown of 47th Carter Dean of 31st Duncan Foster

Greene Hill Hudson Kennedy Langford Overby Paulk Reynolds

Robinson Shapard Starr Sutton Thompson Turner Tysinger

Those not voting were Senators:

Dean of 6th English Gillis

Johnson Russell Stephens

Timmons Traylor Walker

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 Bell of the 5th moved that the Senate reconsider its action in defeat ing HB 1945.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate reconsidered its action in defeating HB 1945 and HB 1945 was placed at the foot of the Calendar.

HB 1498. By Representative Jones of the 78th:
A bill to amend Code Section 92-6201, relating to time for making tax returns, so as to specify the time for making tax returns in all counties of the State having a population of not less than 10,450 and not more than 10,650, according to the United States Decennial Census of 1970 or any future such census.
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 Banks Barker
Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss

Eldridge Foster Greene Hill Howard Hudgins Hudson Kennedy Kidd Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson
Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Turner Tysinger Wessels

Those not voting were Senators:

Ballard Duncan English Evans Fincher

Gillis Holloway Johnson Langford Russell

Tate Timmons Traylor Walker

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering the House action thereto:

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.
The House amendments were as follows:
Amendment No. 1:
Amend SB 238 by striking on Page 1 all of lines 1, 2 and 3 through "companies".
Amendment No. 2:
Amend SB 238 by inserting on line 7 on Page 2 after the word, "Act", and before the symbol, ".", the following:

TUESDAY, MARCH 7, 1978

3335

", except that a utility may so increase a customer's billing if, no later than the date upon which the increase appears on the customer's billing, the utility files with the Commission an explana tion of the increase together with such additional information as the Commission requires by regulation. Any filing of an explanation of such an increase shall be considered on a preferred basis by the Commission which shall give notice of the filing to the news media, the Governor, the Consumers' Utility Counsel and all persons who formally request the Commission to be notified of any such application. The Commission, by order, shall approve, deny or modify the adjustment within a period of 120 days from the date of such filing. Should any profit above actual cost be found, the utility shall refund the profit on a pro rata basis plus interest from date of billing at the rate of 6 percent per annum".

Senator Dean of the 6th moved that the Senate disagree to the House amendments to SB 238.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House amendments to SB 238.
The following general bill and resolutions of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1818. By Representative McDonald of the 12th:
A bill to amend Code Title 68C, known as "The Motor Vehicle Safety Responsibility Act", so as to change the provisions relating to security; to provide for security through surety bonds and real property bonds; to provide requirements as to such additional types of security; to pro vide for cancellation of bonds; to provide for liens.
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 Barker Barnes Bell Bond Brantley Broun of 46th

Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Evans Poster Greene Hill Howard Hudgins Hudson Kennedy

3336
Kidd Langford Lester McGill Overby Paulk Pearce

JOURNAL OF THE SENATE,

Reynolds Riley Scott Shapard Starr Stephens Stumbaugh

Summers Sutton Tate Thompson Turner Tysinger Wessels

Those not voting were Senators:

Banks English Fincher Gillis

Holloway Johnson Robinson (excused conferee)

Russell Timmons Traylor Walker

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 651. By Representatives Rainey of the 135th and Sizemore of the 136th:
A resolution designating the park administration building at Georgia Veterans Memorial State Park as "The General Courtney Hicks Hodges Building".
Senate Sponsor: Senator Gillis of the 20th.

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 Evans Fincher Foster Gillis Greene Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby
Paulk

Pearce Reynolds Riley Robinson
Shapard Starr Stephens Stumbaugh
Summers Sutton Tate Thompson
Turner Tysinger Wessels

TUESDAY, MARCH 7, 1978

3337

Voting in the negative was Senator Howard.

Those not voting were Senators:

English Hill Holloway

Russell Scott Timmons

Traylor Walker

On the adoption of the resolution, the yeas were 47, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

HR 542. By Representative Peters of the 2nd:
A resolution authorizing the disposal of a tract of State-owned prop erty. Senate Sponsor: Senator Fincher of the 54th.

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 Eldridge 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 Thompson Turner Tysinger Wessels

Those not voting were Senators:

Duncan English Johnson

Russell Timmons

Traylor Walker

3338

JOURNAL OF THE SENATE,

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
Senator Summers of the 53rd moved that the following bill of the House, having been read the third time on March 3 and postponed until March 6, and postponed on March 6 until March 7, be postponed indefinitely:

HB 304. By Representative Greer of the 43rd:
A bill to amend an Act creating the office of District Attorney Emer itus and creating a retirement fund, so as to provide for survivor's benefits and for increased payments into the retirement fund.

On the motion, the yeas were 35, nays 5; the motion prevailed, and HB 304 was postponed indefinitely.

The following bill of the House, having been read the third time, lost and reconsidered previously today, was put upon its passage:

HB 1945. By Representatives Clark of the 55th, Williams of the 54th, Johnston and Tolbert of the 56th and others:
A bill to amend an Act authorizing the sale of malt beverages, wine, or alcoholic beverages by the drink on Sundays in certain counties so as to change the times during which beverages may be sold.
Senate Sponsor: Senator Bell of the 5th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Coverdell Dean of 6th Doss Duncan
Eldridge

Evans Fincher Gillis Hill Holloway Howard Hudgins Hudson Kidd Lester McGill

Reynolds Riley Robinson Scott Stephens Stumbaugh Summers Tate Turner Tysinger Wessels

TUESDAY, MARCH 7, 1978

3339

Those voting in the negative were Senators:

Barker Barnes Brown of 47th Carter Dean of 31st

Poster Greene Kennedy Langford Overby

Paulk Shapard Starr Sutton Thompson

Those not voting were Senators:

English Johnson Pearce

Russell Timmons

Traylor Walker

On the passage of the bill, the yeas were 34, nays 15.

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 discharged its First Committee of Conference and appointed its Second Committee of Conference on the following resolution of the Senate:

SR 289. By Senator Dean of the 6th:
A resolution proposing an amendment to the Constitution, so as to provide for periodic adjustment of the amount of personal exemptions under the Georgia Income Tax Law (Code Chapter 92-31) based upon cost-of-living factors; to provide for the submission of this amendment for ratification or rejection.
The Speaker has appointed on the part of the House the following members thereof:
Representatives Collins of the 144th, Castleberry of the lllth and Burruss of the 21st.

The House insists on its position in substituting the following bill of the Senate:

SB 430. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to amend the Fair Business Practices Act of 1975, so as to correct typographical errors; to add or change several definitions; to broaden

3340

JOURNAL OF THE SENATE,

the definitions of consumer transactions to include solicitations for charitable organizations.

The following bill of the House was taken up for the purpose of considering the Second Conference Committee report thereon:

HB 1304. By Representative Taggart of the 125th:
A bill to provide that the Commissioner of Revenue shall have authority to license and regulate the sale of all alcoholic beverages in bona fide private clubs in this State; to define the term "Club" for licensing purposes; to provide license fees equal to those required of public li censed places of business.

The Second Conference Committee report on HB 1304 was as follows:

Mr. Speaker: Mr. President:

Your Conference Committee on House Bill 1304 has met and rec ommends the following:

(1) That the Senate and House both recede from their respective positions.

(2) That the attached Conference Committee Substitute to House Bill 1304 be adopted.

FOR THE SENATE
/s/ Sam W. Doss, Jr. Senator, 52nd District
/s/ W. Lee Robinson Senator, 27th District
/s/ Thomas F. Allgood Senator, 22nd District

Respectfully submitted,
FOR THE HOUSE
/a/ Tom Taggart Representative, 125th District
/s/ J. Roy Rowland Representative, 119th District
/s/ Randolph C. Karrh Representative, 106th District

Conference Committee substitute to HB 1304:
A BILL
To be entitled an Act to provide that the Commissioner of Revenue shall have authority to license and regulate the sale of all alcoholic beverages in bona fide private clubs in this State; to define the term "club" for licensing purposes; to provide license fees equal to those required of public licensed places of business; to provide for the payment of local excise taxes; to provide for the collection of such taxes; to

TUESDAY, MARCH 7, 1978

3341

provide for all matters relative to the foregoing; to authorize the governing authority of any county or municipality to approve the sale of alcoholic beverages subject to an election to determine whether or not such sales shall be allowed; to provide for an election by petition to determine whether or not such sales shall be allowed; to provide that the governing authorities of the political subdivision concerned shall be authorized to conduct a special referendum election for the purpose of nullifying the previous elections at the expiration of two years from the date of the previous election; to provide for practices and proce dures; to provide that the provisions of this Act are not severable; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Any provisions of the law to the contrary notwith standing, the Commissioner of Revenue is hereby authorized to issue alcoholic beverage licenses to bona fide private clubs, as defined herein, in any county or municipality within the State, and to promulgate reg ulations he deems necessary for the proper enforcement of the pro visions of this Act after the approval of such authority by an election as provided in Section 6 hereof. Such licenses shall authorize the sale of alcoholic beverages for beverage purposes by the drink, for consump tion on the premises only.
Section 2. The term "club" shall mean a nonprofit association or ganized and existing under the laws of the State of Georgia, which has been in existence for a period of at least one (1) year prior to the filing of its application for a license hereunder, which has at least seventy-five (75) members regularly paying dues, organized and oper ated exclusively for pleasure, recreation and other nonprofit purposes, no part of the net earnings of which inures to the benefit of any share holder or member, and owning, hiring or leasing a building or space therein for the reasonable use of its members with suitable kitchen and dining room space and equipment, and maintaining and using a sufficient number of employees for cooking, preparing and serving meals for its members and guests; provided that no member or officer, agent or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation any profits from the sale of spirituous liquors, wines, champagnes or malt beverages beyond the amount of such salary as may be fixed for him by its members at a prior annual meeting or by the governing body out of the general rev enue of the club. For the purposes of this Section, tips which are added to the bills under club regulations shall not be considered as profits hereunder.
Section 3. The license fees for a club, as herein defined, shall be the same fees as provided by law for the sale of alcoholic beverages in public licensed places of business, and in addition a prelicense investi gation fee of one hundred dollars ($100.00) shall be required.
Section 4. When any such license as herein provided is issued by the Commissioner of Revenue for the sale of distilled spirits by the drink, for consumption on the premises to a private club as herein

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JOURNAL OP THE SENATE,
defined, within the corporate limits of any municipality in this State, such municipalities are hereby authorized and directed to impose an excise tax, in addition to the excise taxes presently levied by the State of Georgia, in the sum of eighty cents ($.80) per wine gallon on spir ituous liquors, excluding fortified wine and in the event such license is issued for such sales in the unincorporated areas of any county in this State, such counties are hereby authorized and directed to impose an excise tax in the same amount as herein provided for municipalities. Local excise taxes as herein provided shall be imposed upon and shall be paid by the licensed wholesale dealer in distilled spirits and the State Revenue Commissioner is hereby authorized to promulgate rules and regulations he deems necessary to carry out the provisions of this Section for the payment of such taxes. Such taxes shall be imposed and collected monthly on distilled spirits sold or disposed of within the particular taxing jurisdiction. An excise tax of not more than 3% may be imposed by municipalities or counties on the sale of mixed drinks where authorization results from approval of this Act.
Section 5. The Commissioner of Revenue is herewith authorized to promulgate such reasonable regulations as may be necessary and ap propriate, consistent with this Act, to regulate the sale, possession and use of alcoholic beverages in private clubs in this State. Nothing herein shall be construed to limit the licensing and regulatory authority of any city or county of this State in which the sale of alcoholic beverages in public licensed places of business may be authorized as otherwise pro vided by law. In addition, any city or county is hereby authorized to license and regulate any bona fide private club located within the licensing and regulatory jurisdiction of any such city or county.
Section 6. (a) The governing authority of any county or munici pality may, in its discretion, direct the judge of the probate court, in the case of a county, or the mayor of any municipality, in the case of a municipality, to issue the call for an election to determine if the sale of alcoholic beverages for beverage purposes by the drink, for consumption on the premises only, as herein provided shall be allowed. The judge of the probate court or mayor shall call a special election at least thirty (30) days prior to the date of such election and shall pub lish the notice of the call of the election in the official gazette of the county once a week for two weeks preceding the election. Such county election shall be held according to the rules and regulations governing special elections contained in Code Title 34, the Georgia Election Code, as amended, and may be held at the time of holding any other primary or election in said county. Any such municipal election shall be held ac cording to the rules and regulations governing special elections con tained in Code Title 34A, the Georgia Municipal Election Code, as amended, and may be held at the time of holding any other primary or election in said municipality. The returns of the election held hereunder shall be made within three days after the election to the election superintendent who shall ascertain and declare the results after the receipt of the returns. The ballot in such election shall have written or printed thereon:
"( ) YES Shall alcoholic beverages for beverage purposes by the drink, for consumption on the premises
( ) NO only, be allowed in private clubs?"

TUESDAY, MARCH 7, 1978

3343

Those desiring to vote in favor of the sale of alcoholic beverages in private clubs shall vote "Yes". Those desiring to vote against the sale of alcoholic beverages in private clubs shall vote "No". If at such election a majority of the votes cast shall be in favor of the sale of alcoholic beverages in private clubs, such sale shall be permitted in accordance with the provisions of this Act. If at such election a majority of the votes cast shall be against the sale of alcoholic beverages in private clubs, such sale in such political subdivision shall be prohibited as is now provided by law. No election provided for herein shall be held within two years after the date of the declaration of the result of the previous election for such purpose under this Act. The local govern mental authority must approve any license within its jurisdiction before issue of such license.

(b) Upon a petition signed by at least twenty-five percent (25%) of the registered voters of the political subdivision concerned, qualified to vote at the general election immediately preceding the presentation of the petition, being filed with the judge of the probate court of any county, in the case of a county, or with the mayor of any municipality, in the case of a municipality, such judge of probate court or mayor shall call a special election at least thirty (30) days prior to the date of such election and shall publish the notice of the call of the election in the official gazette of the county once a week for two weeks pre ceding the election. The purpose of said election provided for herein shall be to determine whether or not the sale of alcoholic beverages for beverage purposes by the drink, for consumption on the premises only, as herein provided shall be allowed. Such county election shall be held according to the rules and regulations governing special elections contained in Code Title 34, the Georgia Election Code, as amended, and may be held at the time of holding any other primary or election in said county. Any such municipal election shall be held according to the rules and regulations governing special elections contained in Code Title 34A, the Georgia Municipal Election Code, as amended, and may be held at the time of holding any other primary or election in said municipality. The returns of the election held hereunder shall be made within three days after the election to the election superintendent who shall ascertain and declare the result after the receipt of the returns. The ballot in such election shall have written or printed thereon:

"( ) YES Shall alcoholic beverages for beverage purposes by the drink, for consumption on the premises
( ) NO only, be allowed in private clubs?"

Those desiring to vote in favor of the sale of alcoholic beverages in private clubs shall vote "Yes". Those desiring to vote against the sale of alcoholic beverages in private clubs shall vote "No". If at such elec tion a majority of the votes cast shall be in favor of the sale of alcoholic beverages in private clubs, such sale shall be permitted in accordance with the provisions of this Act. If at such election a majority of the votes cast shall be against the sale of alcoholic beverages in private clubs, such sale in such political subdivision shall be prohibited as is now provided by law. No election provided for herein shall be held within two years after the date of the declaration of the result of the previous election for such purpose under this Act. In any county or

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municipality which has at any time held an election in accordance with
the provisions of this Act, resulting in the majority of the votes being cast in favor of the sale of alcoholic beverages in private clubs, the judge of the probate court of such county or the mayor of such munici pality, upon a petition signed by at least twenty-five percent (25%) of the registered qualified voters of the political subdivision concerned, shall proceed to call another election in the same manner as herein before provided in this section, for the purpose of nullifying the previous election: however, no such election shall be called or had within two years after the date of the declaration of the result of the previous election had for such purpose under this Act. The local governmental authority must approve any license within its jurisdiction before issue of such license.

Section 7. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, the remainder of this Act shall be invalid and of no force and effect. The General Assembly hereby declares that it would not 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 unconstitu tional.

Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Doss of the 52nd moved that the Senate adopt the Second Confer ence Committee report on HB 1304.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Bell Bond Brantley Broun of 46th Coverdell Dean of 6th Doss Duncan Eldridge

Evans Gillis Hill Holloway Howard Hudgins Kidd Lester McGill Pearce

Riley Robinson Russell Scott Stephens Stumbaugh Timmons Tysinger Wessels

Those voting in the negative were Senators:

Ballard Banks Barker

Barnes Brown of 47th Carter

Dean of 31st Foster Greene

Hudson Kennedy Langford Overby

TUESDAY, MARCH 7, 1978

Paulk Reynolds Shapard Starr

Sutton Thompson Turner

3345

Those not voting were Senators:

English Fincher Johnson

Summers Tate

Traylor Walker

On the motion, the yeas were 29, nays 20; the motion prevailed, and the Senate adopted the Second Conference Committee report on HB 1304.

Senator Gillis of the 20th moved that the Senate discharge the First Confer ence Committee on the following resolution of the Senate, and that a Second Conference Committee be appointed:

SR 289. By Senator Dean of the 6th:
A resolution proposing an amendment to the Constitution, so as to provide for periodic adjustment of the amount of personal exemptions under the Georgia Income Tax Law (Code Chapter 92-31) based upon cost-of-living factors; to provide for the submission of this amendment for ratification or rejection.

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate discharged the First Conference Committee on SR 289.

The President appointed as a Second Conference Committee the following: Senators Kennedy of the 4th, Dean of the 6th and Gillis of the 20th.

The following bill of the House was taken up for the purpose of considering the House action thereto:

HB 1708. By Representatives Harrison of the 20th and Coleman of the 118th:
A bill to amend an Act authorizing special agents and enforcement officers of the Revenue Department to have certain law enforcement powers in the enforcement of liquor, wine and beer laws.

Senator Barnes of the 33rd moved that the Senate recede from the Senate substitute to HB 1708.
On the motion, 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 Duncan

Eldridge Evans Fincher Foster Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy Lester McGill Overby Paulk

Reynolds Riley Robinson Russell Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

English Kidd Langford

Pearce Scott

Stephens Traylor

On the motion, the yeas were 48, nays 1; the motion prevailed, and the Senate receded from the Senate substitute to HB 1708.

The President introduced His Excellency, Governor George Busbee, who briefly addressed the Senate.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority, the following bill of the Senate:

SB 529. By Senator Scott of the 43rd:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", approved March 26, 1974, (Ga. Laws 1974, p. 1045), as amended, so as to change the provisions relating to the allotment of elementary instructional specialists and the amount of funds needed for payment of salaries of such personnel.

TUESDAY, MARCH 7, 1978

3347

Senator Pearce of the 16th moved that a Second Conference Committee be appointed on the following bill of the Senate:

SB 140. By Senators Pearce of the 16th, Johnson of the 34th, Barnes of the 33rd and others:
A bill to create the Prosecuting Attorney's Retirement System; to pro vide for procedures, requirements and other matters relative thereto; to provide for certain penalties in connection therewith.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the President appointed as a Second Conference Committee on SB 140 the following:

Senators Pearce of the 16th, Coverdell of the 40th and Thompson of the 32nd.

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

The following bill of the Senate was taken up for the purpose of considering the House action thereto:

SB 529. By Senator Scott of the 43rd:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to change the provisions relating to the allotment of elementary instructional specialists and the amount of funds needed for payment of salaries of such personnel.

The House amendments were as follows:

Amendment No. 1:
Amend SB 529 by inserting following the word "arts" on line 17 of Page 1 and on line 1 of Page 2 the following:
", music".

Amendment No. 2:
Amend SB 529 by adding a new Section 2 which reads as follows:
"Any funds appropriated in Fiscal Year beginning July 1, 1978 and ending June 30, 1979, by increased maintenance and operations funds contained in the Appropriations Act for said Fiscal Year, which contains language to accomplish de facto funding of Section 12 of the Adequate Program for Education in Georgia, shall not be affected by this language change in Section 1 above";

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and

by adding a new Section 3 which reads as follows:

"This Act shall become effective on July 1, 1979.",

and

by renumbering Section 2 accordingly to Section 4

and

by changing the caption accordingly.

Senator Scott of the 43rd moved that the Senate agree to the House amend ments to SB 529.

On the motion, 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 Dean of 31st
Doss Duncan Eldridge Evans

Fincher Foster Gillis Greene Hill Howard Hudgins Hudson 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 not voting were Senators:

Brown of 47th English

Holloway (presiding) Johnson

Reynolds Traylor

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 529.

The following bill of the Senate was taken up for the purpose of considering the Second Conference Committee report thereon:

TUESDAY, MARCH 7, 1978

3349

SB 140. By Senators Pearce of the 16th, Johnson of the 34th, Barnes of the 33rd and others:
A bill to create the Prosecuting Attorney's Retirement System; to pro vide for procedures, requirements and other matters relative thereto; to provide for certain penalties in connection therewith.

The Second Conference Committee report was as follows:
Mr. President: Mr. Speaker:
Your Conference Committee on SB 140 has met and recommends that the Senate and House of Representatives recede from their respec tive positions and that SB 140 as passed by the Senate be adopted with the following amendments:
By striking from line 25 of Page 18, from line 30 of Page 18 and from line 2 of Page 19 the following:
"1978",

and inserting in lieu thereof the following: "1979".

FOR THE SENATE
1st Paul D. Coverdell Senator, 40th District
/s/ H. Norwood Pearce Senator, 16th District
/s/ Joe Thompson Senator, 32nd District

Respectfully submitted,
FOR THE HOUSE
/s/ Bob Argo Representative, 63rd District
/s/ Thomas B. Buck III Representative, 95th District
/s/ Joe Mack Wilson Representative, 19th District

Senator Pearce of the 16th moved that the Senate adopt the Second Con ference Committee report on SB 140.

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

Coverdell Dean of 31st Doss Duncan Eldridge

3350
Evans Foster Gillis Greene Hill Howard Hudson Johnson Kennedy Kidd

JOURNAL OP THE SENATE,

Langford Lester McGill Overby Paulk Pearce Reynolds Riley Shapard

Starr Summers Sutton Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative were Senators Barker and Stumbaugh.

Those not voting were Senators:

Dean of 6th English Fincher Holloway (presiding)

Hudgins Robinson Russell Scott

Stephens Tate Traylor

On the motion, the yeas were 43, nays 2; the motion prevailed, and the Senate adopted the Second Conference Committee report on SB 140.

The following message was received from the House through Mr. Ellard, the Clerk thereof;
Mr. President:
The House insists on its position in amending the following bill of the Senate and has appointed a Committee of Conference to confer with a like Committee on the part of the Senate:

SB 445. By Senators Johnson of the 34th, Barnes of the 33rd and Allgood of the 22nd:
A bill to amend an Act to comprehensively and exhaustively revise appellate and other posttrial procedure in civil and criminal cases, approved February 19, 1965 (Ga. Laws 1965, p. 18), so as to provide that the notice of appeal shall not serve as a supersedeas in child custody and habeas corpus cases; to provide an effective date.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Walker of the 115th, Karrh of the 106th and Culpepper of the 98th.

The President resumed the Chair.

TUESDAY, MARCH 7, 1978

3351

The following resolutions of the Senate, favorably reported by the commit tees, were read and put upon their adoption:

SR 268. By Senators English of the 21st, Walker of the 19th, Allgood of the 22nd and others:
A resolution to create a committee to study and investigate the Teach ers' Retirement System.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Gillis Greene

Hudson Kennedy McGill Paulk

Robinson Turner Walker Wessels

Those voting in the negative were Senators:

Ballard Barnes Bell Bond Brantley Broun of 46th Brown of 47th 'Carter Cover dell Dean of 6th Dean of 31st Doss

Duncan Eldridge Evans Foster Hill Holloway Johnson Kidd Langford Lester Overby

Reynolds Riley Shapard Starr Stumbaugh Summers Button Tate Thompson Timmons Tysinger

Those not voting were Senators:

Allgood English Fincher Howard

Hudgins Pearce Russell

Scott Stephens Traylor

On the adoption of the resolution, the yeas were 12, nays 34, and the resolu tion was lost.

SR 349. By Senator Scott of the 43rd:
A resolution creating the Senate Television Production Facilities Study Committee.

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The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bonds

Greene

Robinson

Those voting in the negative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Evans Foster Gillis Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Reynolds Riley Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood English Fincher

Hudgins Pearce Russell

Scott Stephens Traylor

On the adoption of the resolution, the yeas were 3, nays 44, and the resolu tion was lost.

SR 354. By Senator Bell of the 5th: A resolution creating the Juvenile Institutions Study 'Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

TUESDAY, MARCH 7, 1978

3353

Those voting in the affirmative were Senators:

Banks Barker Bell Brantley Carter Dean of 31st
Doss Duncan Evans. Gillis

Greene Hill Howard Hudson Johnson Kidd Langford Over by Paulk Robinson

Scott Shapard Stumbaugh Summers Sutton Tate Thompson Turner Tysinger

Those voting in the negative were Senators:

Ballard Bond Broun of 46th Brown of 47th Coverdell Dean of 6th

Eldridge Foster Holloway Kennedy Lester McGill

Reynolds Riley Starr Timmons Walker Wessels

Those not voting were Senators:

Allgood Barnes English

Fincher Hudgins Pearce

Russell Stephens Traylor

On the adoption of the resolution, the yeas were 29, nays 18, and the resolu tion was adopted.

SR 362. By Senators Robinson of the 27th, Foster of the 50th, Stumbaugh of the 55th and others:
A resolution creating the Legislative Overview Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Hudson

Johnson Kidd

Paulk Robinson

Those voting in the negative were Senators:

Ballard Banks Barnes

Bell Bond Brantley

Broun of 46th Brown of 47th Carter

3354
Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Evans Foster Gillis Greene Hill

JOURNAL OF THE SENATE,

Holloway Howard Kennedy Langford Lester McGill Overby Reynolds Riley Scott Shapard

Starr Stumbaugh Summers Sutton Tate Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Allgood English Fincher

Hudgins Pearce Russell

Stephens Thompson Traylor

On the adoption of the resolution, the yeas were 6, nays 41, and the resolu tion was lost.

SR 367. By Senators English of the 21st, Kennedy of the 4th, Allgood of the 22nd and others:
A resolution creating the Senate Study Committee on Alien Ownership of Property.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Gillis Howard Kennedy

McGill Overby Robinson

Sutton Walker Wessels

Those voting in the negative were Senators:

Ballard Barker Barnes Bell Bond
Brantley Broun of 46th Brown of 47th

Carter Dean of 6th Dean of 31st Doss Duncan
Eldridge Evans Foster

Greene Hill Holloway Hudson Johnson
Kidd Langford Lester

Paulk Reynolds Riley Scott Shapard

TUESDAY, MARCH 7, 1978

3355

Starr Stumbaugh Summers Tate

Thompson Timmons Turner Tysinger

Those not voting were Senators:

Allgood Coverdell English

Fincher Hudgins Pear'ce

Russell Stephens Traylor

On the adoption of the resolution, the yeas were 10, nays 37, and the resolu tion was lost.

SR 414. By Senators Doss of the 52nd and Johnson of the 34th:
A resolution creating the Senate Music Recording Industry Study Com mittee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Bell Bond Brantley Broun of 46th Carter Dean of 31st Doss Duncan

Evans Gillis Holloway Howard Hudson Johnson Langford McGill Overby

Paulk Robinson Shapard Stumbaugh Summers Thompson Turner Tysinger

Those voting in the negative were Senators:

Ballard Barker Barnes Brown of 47th Dean of 6th Eldridge

Poster Hill Kennedy Kidd Lester Reynolds

Riley Starr Sutton Tate Walker Wessels

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Those not voting were Senators:

Allgood Coverdell English Fincher

Greene Hudgins Pearce Russell

Scott Stephens Timmons Traylor

On the adoption of the resolution, the yeas were 26, nays 18, and the resolu tion was lost.

Senator Johnson of the 34th moved that the Senate reconsider its action in defeating SR 414.

On the motion, the yeas were 32, nays 6; the motion prevailed, and SR 414 was reconsidered and placed at the foot of the Calendar.

SR 427. By Senators Gillis of the 20th, Walker of the 19th, Kennedy of the 4th and others:
A resolution establishing the Senate Study Committee on Energy Materials' Requirements, Consumption, Transportation, Supplies, Tech nologies, Organization, Legislation and Financing.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Bell Bond Broun of 46th Brown of 47th Carter Dean of 31st Doss Duncan Evans Gillis Greene Hill

Holloway
Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds Riley

Those voting in the negative were Senators:

Ballard Barnes Brantley

Coverdell Dean of 6th

Robinson Scott Shapard Starr Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Eldridge Foster

TUESDAY, MARCH 7, 1978

3357

Those not voting were Senators:

Allgood English Fincher

Hudgins Pearce Russell

Stephens Stumbaugh Traylor

On the adoption of the resolution, the yeas were 40, nays 7, and the resolu tion was adopted.

The following resolution of the Senate, having been read and defeated and reconsidered previously today, was put upon its adoption:

SR 414. By Senators Doss of the 52nd and Johnson of the 34th:
A resolution creating the Senate Music Recording Industry Study Com mittee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Evans Gillis

Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds

Those voting in the negative were Senators:

Ballard

Barnes

Those not voting were Senators:

Allgood Dean of 6th English Fincher

Hudgins Pearce Russell

Riley Robinson Scott Shapard Starr Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Foster
Stephens Stumbaugh Traylor

3358

JOURNAL OF THE SENATE,

On the adoption of the resolution, the yeas were 43, nays 3, and the resolu tion was adopted.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

HB 1648. By Representative Isakson of the 20th:
A bill to amend an Act prohibiting the transportation of garbage, trash, waste or refuse across State or county boundaries under certain conditions so as to require the permission of the governing authority of a county in which the garbage, trash, waste or refuse is collected.

The Conference Committee report on HB 1648 was as follows:

Mr. President and Mr. Speaker:

Your Conference Committee on HB 1648 has met and submits the following recommendations:

That the Senate recede from its position and that HB 1648, as passed by the House of Representatives, be adopted.

FOR THE SENATE
/s/ W. D. Ballard Senator, 45th District
/s/ Richard L. Greene Senator, 26th District
/s/ Ed Johnson Senator, 34th District

Respectfully submitted,
FOR THE HOUSE
/s/ Johnny Isakson Representative, 20th District
/s/ Bill Cooper Representative, 19th District
/s/ Rudolph Johnson Representative, 72nd District

Senator Johnson of the 34th moved that the Senate adopt the Conference Committee report on HB 1648.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Bond Broun of 46th Brown of 47th Carter

Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Evans Foster

Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy

Kidd Langford Lester McGill Overby Paulk Reynolds

TUESDAY, MARCH 7, 1978

3359

Riley Robinson Scott Shapard Starr Stumbaugh Summers

Sutton Tate Turner Tysinger Walker Wessels

Voting in the negative was Senator Thompson.

Those not voting were Senators:

Allgood Barker Brantley English

Fincher Hudgins Pearce Russell

Stephens Timmons Traylor

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1648.

The following resolutions of the House were read and adopted:

HR 841. By Representatives Johnson and Glanton of the 66th:
A resolution creating the Town of Mt. Zion Annexation Study Com mittee.

HR 773. By Representative Ross of the 76th:
A resolution declaring legislative intent regarding programs for gifted students, utilization of APEG Section 5 Special Education teaching personnel in local programs for the gifted.

The following resolution of the Senate was read and put upon its adoption:

SR 415. By Senators Eldridge of the 7th and Holloway of the 12th:
A resolution urging the Board of Trustees of the Employees' Retirement System of Georgia to file a notice with the Secretary of Health, Educa tion and Welfare to withdraw State employees from the Social Security Act.

Senator Eldridge of the 7th offered the following amendment: Amend SR 415 by striking on Page 1, lines 20 and 21, the words "General Assembly of Georgia"

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and inserting in lieu thereof the words

"Senate".

The resolution was adopted as amended.

The following resolutions of the House and Senate were read and adopted:

HR 894. By Representatives Canty of the 38th and others:
A resolution commending the career and achievements of Dr. Ann Scarlett Cochran upon the announcement of her retirement from the faculty and staff of Morris Brown College.

SR 411. By Senators Holloway of the 12th, Riley of the 1st, Broun of the 46th and others:
A resolution commending Senator Sam W. Doss.

SR 416. By Senator Starr of the 44th:
A resolution commending the Morrow High School "Mustangs" Girls' Basketball Team.

SR 417. By Senator Starr of the 44th:
A resolution commending the Forest Park High School "Panthers" Boys' Basketball Team.

SR 418. By Senators Duncan of the 30th, Reynolds of the 48th, Riley of the 1st and others:
A resolution commending Honorable Jack MacWhorter (Mac) Barber.

SR 419. By Senator Dean of the 31st: A resolution expressing regret at the passing of Mr. Grady M. Robinson.

SR 420. By Senator Barnes of the 33rd:
A resolution commending the organizational committee of the South Cobb Boys Club.

SR 421. By Senator Starr of the 44th:
A resolution commending the Forest Park Senior High School "Panthers" Soccer Team.

TUESDAY, MARCH 7, 1978

3361

SR 422, By Senators Doss of the 52nd, Dean of the 31st and Langford of the 51st:
A resolution commending Ronnie Milsap.

SR 423. By Senators Doss of the 52nd and Dean of the 31st: A resolution commending Buddy Buie.

SR 424. By Senators Foster of the 50th, Greene of the 26th, Robinson of the 27th and others:
A resolution expressing appreciation to Dr. J. Emmett Henderson.

SR 425. By Senator Coverdell of the 40th: A resolution commending Dr. Leila D. Denmark.

SR 426. By Senators Holloway of the 12th, Riley of the 1st and Eldridge of the 7th: A resolution relative to adjournment sine die at 11:00 o'clock P.M. on March 7, 1978.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has discharged its First Committee of Conference and appointed a Second Committee of Conference to confer with a like committee on the part of the Senate:
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.

The Speaker has appointed on the part of the House the following members thereof: Representatives Buck of the 95th, Wilson of the 19th and Argo of the 63rd.

The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 326. By Senator Barnes of the 33rd: A bill to amend Section 9-401.2 of the Code of Georgia, as amended,

3362

JOURNAL OF THE SENATE,

known as the Law School Public Prosecutor Act of 1970, so as to pro vide that the term "district attorney" shall also mean a Solicitor or an Assistant Solicitor of a State Court.

SB 563. By Senators Broun of the 46th, Holloway of the 12th, Doss of the 52nd and others:
A hill to amend an Act known as the "Stone Mountain Memorial As sociation Act," as amended, so as to change the composition of the Board; to provide terms; to provide for the filling of vacancies; to provide for the selection of a chairman; to provide for all matters relative to the foregoing.

SB 564. By Senators Broun of the 46th, Holloway of the 12th, Doss of the 52nd and others:
A bill to amend an Act known as the "Jekyll Island-State Park Author ity Act," as amended, so as to change the composition of the Authority; to provide for initial and regular terms of office of certain members of the Authority; to provide for a delineation of authority.

SB 424. By Senators Kidd of the 25th, Lester of the 23rd, Brown of the 47th and others:
A bill to amend Code Section 88-1803, relating to creation of hospital authorities, as amended, so as to provide for the filling of vacancies on certain authorities.

SB 439. 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 and agencies.

SB 497. By Senator Stephens of the 36th:
A bill to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the pay ment of pensions to county employees of said county, as amended.

SB 498. 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, as amended.

SB 609. By Senator Hudson of the 35th:
A bill to provide for the salary and expenses of members of the board of education and the president of such board in counties of this State having a population of 600,000 or more according to the United States Decen-

TUESDAY, MARCH 7, 1978

3363

nial Census of 1970 or any future such census; to repeal a specific Act; to provide an effective date.

SB 643. By Senator Dean of the 31st:
A bill to amend an Act reincorporating the City of Rockmart and creat ing a new charter for said city, as amended, so as to repeal the ward residency requirement for the election of councilmen within the city; to change the provisions relating to the qualifications of electors.

The House has adopted by the requisite constitutional majority the following resolutions of the Senate:

SR 247. By Senators Ballard of the 45th, Tysinger of the 41st, Pearce of the 16th and others:
A resolution changing the scheduled termination date of the State Building Administrative Board.

SR 311. By Senators Stephens of the 36th, Evans of the 37th, Hudson of the 35th and others:
A resolution proposing an amendment to the Constitution, so as to pro vide a homestead exemption of $10,000 from all Fulton County and Fulton County School District ad valorem taxes for each resident of Fulton County who is 65 years of age or over or disabled if his adjusted gross income, together -with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed the maximum amount which may be received by an individual and his spouse under the Federal Social Security Act.

SR 359. By Senators Stumbaugh of the 55th, Scott of the 43rd, Tysinger of the 41st and others:
A resolution proposing an amendment to the Constitution, so as to provide for a homestead exemption for residents of the City of Lithonia in an amount of $2,000.00 from all City of Lithonia ad valorem taxes; to provide that residents of the City of Lithonia who are 65 years of age or over or who are totally disabled and who have an income from all sources, including the income from certain members of the family, not exceeding $4,000.00 per annum, shall be granted an additional homestead exemption of $2,000.00 from ad valorem taxation by said city; to provide procedures in connection with obtaining such exemp tions; to provide for the submission of this amendment for ratification or rejection.
The House has rejected the report of the Committee of Conference on the following bill of the Senate:

3364

JOURNAL OF THE SENATE,

SB 501. By Senators Hudgins of the 15th, Evans of the 37th, Johnson of the 34th and others:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as to change the provisions regarding creation of juvenile courts; to provide for judges; to provide for their compensation, terms of office, appointment and reappointment; to provide for seminars.

The House has agreed to the Senate amendment to the House substitute to the following bill of the Senate:
SB 530. By Senator Scott of the 43rd:
A bill to amend Code Chapter 56-31, relating to group and blanket ac cident and sickness insurance, as amended, so as to provide that no group accident and sickness insurance policy shall be issued in this State which limits or restricts payment of benefits for any preexisting illness or condition for a period in excess of six months following the date of the issuance of the policy.
The House has disagreed to the Senate amendment to the House substitute to the following bill of the Senate:
SB 531. By Senator Scott of the 43rd:
A bill to amend Code Chapter 56-31, relating to group and blanket accident and sickness insurance, as amended, so as to provide that no insurer authorized to write accident and sickness insurance in this State shall issue any group accident and sickness insurance policy to any employer to replace any existing policy of group accident and sickness insurance which such employer then has in effect or has had in effect during the preceding six months unless such group accident and sickness insurance policy provides for the payment of benefits for preexisting illnesses or conditions for which benefits would have been payable under such previous policy.

The House has adopted the reports of the Committees of Conference on the following bills and resolutions of the House and Senate:

SB 565. By Senator Robinson of the 27th:
A bill to amend an Act providing for the regulation of professional soil classifying and creating the State Board of Registration for Professional Soil Classifiers, so as to establish a termination date for the State Board of Registration for Professional Soil Classifiers and the date on which the aforesaid Act shall stand repealed.
HB 1648. By Representative Isakson of the 20th:
A bill to amend an Act prohibiting the transportation of garbage, trash, waste or refuse across State or county boundaries under certain condi-

TUESDAY, MARCH 7, 1978

3365

tions so as to require the permission of the governing authority of a county in which the garbage, trash, waste or refuse is collected.

SB 428. By Senators Kidd of the 25th and Broun of the 46th:
A bill to amend Code Chapter 34-11, relating to ballots in elections, as amended, so as to provide for the election of unopposed candidates in special elections.

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 pro vide for procedures, requirements and other matters relative thereto; to provide for certain penalties in connection therewith.

HR 436. By Representatives Johnston, Tolbert and Butler of the 56th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of his spouse and all other members of his family who reside at and occupy his homestead, does not exceed $8,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his home stead owned and occupied by him as a residence; to provide for the submission of this amendment for ratification or rejection.

HB 1320. By Representative Burruss of the 21st:
A bill to amend Code Title 45, known as the "Game and Fish Code", so as to change the provisions relative to legal weapons for hunting wildlife.

HB 1711. By Representatives Daugherty of the 33rd, Hamilton of the 31st, Lambert of the 112th and others:
A bill to safeguard individuals within the State of Georgia from dis crimination in public employment because of race, color, religion, na tional origin, sex, handicap and age with respect to employment.

HB 1427. By Representatives Hawkins of the 50th, Horton of the 43rd and Taggart of the 125th:
A bill to amend the Code of Georgia of 1933 so as to provide for an arbitration title; to provide for a short title ("Georgia Arbitration Code"); to provide for the effect of agreements to submit to arbitration controversies, existing or thereafter arising; to provide for applications to the court, venue, and service of papers.

3366

JOURNAL OP THE SENATE,

HB 1286. By Representative Johnson of the 74th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to change certain provisions relative to refund of tax paid with respect to solar energy machines or equipment; to provide an effective date.

HB 1246. By Representatives Baugh of the 108th, Parham of the 109th, Rowland of the 119th and Savage of the 25th:
A bill to amend Code Section 38-418, relating to confidential communica tions, so as to provide that communications between a physician and a patient shall be privileged.

HB 1304. By Representative Taggart of the 125th:
A bill to provide that the Commissioner of Revenue shall have authority to license and regulate the sale of all alcoholic beverages in bona fide private clubs in this State; to define the terms "Club" for licensing pur poses; to provide license fees equal to those required of public licensed places of business.

HB 1312. By Representatives Swann of the 90th, Truluck of the 86th, Burton of the 47th and others:
A bill to amend Code Chapter 54-99, relating to crimes respecting in dustrial relations so as to provide that it is unlawful for any person to put a minor to indecent, obscene, or immoral exhibitions; to provide a penalty.

HB 1386. By Representatives Kemp of the 139th, Davis of the 99th, Johnston of the 56th and others:
A bill to amend Code Section 56-407A, relating to uninsured motorist coverage, so as to change the maximum amounts of such coverage which may be obtained from an insurer; to provide for editorial revision.

HB 1417. By Representatives Kemp of the 139th, Walker of the 115th, Tuten of the 153rd and others:
A bill to amend Code Sections 34-605 and 34A-503, relating to qualifica tions of registrars and deputy registrars, so as to clarify a certain ineligibility.

SR 326. By Senator Stumbaugh of the 55th:
A resolution proposing an amendment to the Constitution, so as to increase the homestead exemption of each resident of DeKalb County for the purposes of all DeKalb County and DeKalb County School District ad valorem taxes by providing that said homestead exemption shall be $3,000 in 1979; $4,000 in 1980 and $5,000 for 1981 and each year thereafter.

TUESDAY, MARCH 7, 1978

3367

SB 408. By Senators Evans of the 37th, English of the 21st, Allgood of the 22nd and others:
A bill to prohibit sexual exploitation of children; to provide definitions; to provide that it is unlawful for any persons to take certain actions related to procuring for use or using certain minors for the purpose of depicting sexually explicit conduct in any visual or print medium; to provide that it is unlawful for the parent or person having custody of a child to take certain actions respecting sexual exploitation of the child; to provide penalties.

The House has adopted the report of the Second Committee of Conference on the following bill of the Senate:

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 there to; to provide for certain penalties in connection therewith.

The House has agreed to the Senate amendments to the following bills of the House:
HB 1365. By Representatives Home of the 104th, Davis of the 99th, Birdsong of the 103rd and Pinkston of the 100th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to change certain provisions relative to showing a credit on county and municipal ad valorem tax bills; to provide an effective date.

HB 1517. By Representatives Bolster of the 30th, Greer and Morton of the 43rd:
A bill to amend the Act approved August 20, 1927, providing that cities having a population of more than 300,000 according to the United States Decennial Census of 1970, or any such future census, shall furnish pensions to officers and employees.

HB 1516. By Representatives Bolster of the 30th, Greer and Horton of the 43rd:
A bill to amend an Act approved February 15, 1933, providing pensions for members of police departments in cities having a population of 300,000 or more according to United States Census of 1920, or any sub sequent census thereof.
HB 1515. By Representatives Bolster of the 30th, Greer and Horton of the 43rd:
A bill to amend the Act approved August 13, 1924, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 300,000 as disclosed by the United States Census of 1920, or any subsequent census.

3368

JOURNAL OF THE SENATE,

HB 1870. By Representative Kemp of the 139th:
A bill to amend an Act providing for the compensation of the Sheriff and the Clerk of the Superior Court of Liberty County so as to change the compensation of the clerk of the superior court; to authorize the clerk of the superior court to employ a deputy clerk and two full-time clerks.

The House has agreed to the Senate substitutes to the following bills and resolution of the House:

HB 1303. 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" so as to provide for surety bonds for alcoholic beverage licensees; to provide an effective date.

HB 1324. By Representatives Murphy of the 18th, Collins of the 144th, Harris of the 8th and Snow of the 1st:
A bill to amend an Act known as the "Georgia Administrative Procedure Act" so as to change the provisions relative to the notice required prior to the adoption, amendment or repeal of rules; to provide for notification of legislative committees; to provide for other matters relative thereto.

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.

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 732. By Representatives Kaley of the 19th, Walker of the 115th and Nix of the 20th:
A bill to regulate the preparation, contents, and recording of maps and plats of surveys of tracts or bodies of land, including subdivisions, site plans and condominiums; to prescribe conditions under which such maps of plats shall be entitled to record.

TUESDAY, MARCH 7, 1978

3369

HB 1764. By Representatives Home of the 104th, Pinkston of the 100th, Lucas of the 102nd and others:
A bill to amend Code Title 34, also known as the "Georgia Election Code", so as to provide for substituted nominations by special primaries in the event of vacancies occurring in any party nomination (filled by primary) for a federal, State or county office filled by the vote of elec tors within a single county, by reason of the death, disqualification or withdrawal of any candidate therefor, occurring after nomination.

HB 1780. By Representative Bolster of the 30th:
A bill to amend an Act known as the "Georgia Private Detective and Private Security Agencies Act", so as to prohibit the use of uniforms and vehicular colors and markings which are, in the judgment of the board, confusingly similar to those in use by existing police agencies of the State of Georgia or any political subdivision thereof.

HB 1820. By Representatives Harris of the 8th, Collins of the 144th, Wilson of the 19th and others:
A bill to amend an Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned vehicles by officials, officers and em ployees of the State or any agency thereof so as to change the auto mobile mileage allowance rate.
HB 1924. By Representatives Lambert of the 112th and Carrell of the 75th:
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 or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities.

HB 2072. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act creating a new charter for the City of Young Harris so as to change the date of elections in said City.

HB 2071. By Representatives Taggart of the 125th, Scott of the 123rd, Jones of the 126th and others:
A bill to abolish the office of Associate Judge of the Municipal Court of Savannah; to abolish the Municipal Court of Savannah; to abolish the office of Senior Judge of the Municipal Court of Savannah; to trans fer certain processes, cases, suits, books, papers, records, materials, indexes, property and personnel of the Municipal Court of Savannah to the State Court of Chatham County.

HR 741. By Representative Buck of the 95th:
A resolution authorizing the Governor on behalf of the State of Georgia to convey to the Colonial Pipeline Company, a Delaware Corporation,

3370

JOURNAL OP THE SENATE,

an easement for right-of-way purposes for a petroleum products pipe line in Barrow County, Georgia, being a part of the lands of the Fort Yargo State Park, to provide for the consideration for such easement.

The House has adopted the following resolutions of the Senate:

SR '358. By Senators Foster of the 50th, Evans of the 37th, Tysinger of the 41st and others:
A resolution directing the Governor to proclaim the month of May, 1978, as "Solar Month," and to proclaim May 3, 1978, as "Sun Day;" to call for the observation of said month and day; to direct certain cooperation and participation.

SR 295. By Senators Russell of the 10th, Evans of the 37th, Robinson of the 27th and others:
A resolution commending the Georgia Army National Guard.

SR 426. By Senators Holloway of the 12th, Riley of the 1st and Eldridge of the 7th:
A resolution relative to adjournment.

The following report of the Committee on Enrolling and Journals was read by the Secretary:

Mr. President:

Your Committee on Enrolling and Journals has read and examined the follow ing bills and resolutions 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 28. SB 98. SB 110. SB 112. SB 114. SB 118. SB 119. SB 551. SB 139. SB 36. SB 161.

SB 162. SB 236. SB 243. SB 258. SB 259. SB 290. SB 382. SB 395. SB 398. SB 400. SB 401.

SB 417. SB 423. SB 285. SB 374. SB 378. SB 383. SB 384. SB 393. SB 402. SB 403. SB 406.

SB 407. SB 410. SB 411. SB 412. SB 413. SB 415. SB 416. SB 420. SB 458. SB 418. SB 421. SB 422. SB 433. SB 442. SB 443. SB 447. SB 448. SB 455. SB 461. SB 463. SB 465. SB 520. SB 540. SB 541. SB 544. SB 549. SB 550. SB 553. SB 556. SB 595. SB 599. SB 618. SB 623. SB 627.

TUESDAY, MARCH 7, 1978

3371

SB 634. SR 31. SR 237. SR 239. SR 246. SR 257. SR 263. SR 267. SR 279. SR 283. SR 290. SR 313. SR 316. SR 333. SR 336. SR 356. SB 350. SB 397. SB 440. SB 444. SB 452. SB 467. SB 486. SB 511. SB 542. SB 622. SR 252. SR 307. SB 43. SB 73. SB 264. SB 326. SB 354. SB 399.

SB 404. SB 414. SB 425. SB 428. SB 449. SB 457. SB 460. SB 466. SB 468. SB 474. SB 497. SB 499. SB 506. SB 515. SB 517. SB 534. SB 547. SB 548. SB 552. SB 554. SB 557. SB 581. SB 582. SB 600. SB 609. SB 615. SB 633. SB 645. SB 646. SR 125. SR 217. SR 233. SR 247. SR 259.

3372
SR 292. SR 297. SR 311. SR 323. SR 329. SR 335. SR 347. SR 353. SR 359. SB 405. SB 450. SB 508. SB 509. SB 512. SB 513. SB 514. SB 519. SB 526. SB 543. SR 121. SR 351.

JOURNAL OF THE SENATE,

SR 372, SB 140. SB 408. SB 424. SB 439. SB 441. SB 451. SB 478. SB 498. SB 505. SB 643. SB 484. SB 522. SB 529. SB 530. SB 555. SB 56'3. SB 564. SB 565. SB 567.

SB 570. SB 574. SB 575. SB 591. SB 603. SB 605. SB 606. SB 610. SB 616. SB 619. SB 625. SB 629. SB 632. SB 647. SB 648. SR 72. SR 234. SR 298. SR 326. SB 604.

Respectfully submitted,
/s/ Edward H. Johnson, Chairman Senator, District 34

Pursuant to the provisions of SR 426, the President announced the Senate adjourned sine die at 11:00 o'clock P.M., March 7, 1978.

Senate Journal Index 1978
Regular Session

INDEX

3375

PART I SENATE BILLS AND RESOLUTIONS

SB

2--Real Estate Brokers; included in certain provisions

of occupational taxes . ....--...___.._..___.___.____.._.._........No action in 1978

SB

3--Sunset Legislation; legislative review and termination

of State Regulatory agencies ....,,..._................No action in 1978

SB

5--Settlements from Injured Persons; extend provisions

prohibiting attempts to obtain in hospital .__.._.------No action in 1978

SB

6--Homicide; circumstances for exemplary damages ..._..__._....--__...__.107

SB

7--District Attorneys; permitted to engage

in private law practice __._._.....------._._.._.._....--......No action in 1978

SB

8--Divorce; consent of both parties before

granting total divorce ___._._._.._..-_.-_-----_._..__..__..___.__.__.....-.....-_.._.........78

SB

9--Partnerships; regulate ............ ................................No action in 1978

SB 10--Alcoholic Beverage Sales; person who sells to

intoxicated person liable for injuries caused _.._--.No action in 1978

SB 15--Financial Disclosure Act; enact -----___.__...__.._.._........._.._----................61

SB 16--Electronic Equipment; regulate repairing

and servicing ......._..__.._...,,_._-...._......,,.........................No action in 1978

SB 20--Optometrists; use of pharmaceutical agents .-.--.No action in 1978

SB 21--Legislative Services Committee; membership _._________________.2552, 2601

SB 22--Liens, Mortgages; revise Code title .......................No action in 1978

SB 24--Employees' Retirement System; certain age may

reject membership __._._..___._____._..._..._..__-_._____..____._.....No action in 1978

SB 28--Teachers' Retirement System;

change benefits ._________________.______.________736, 819, 918, 935, 982, 2015, 3370

SB 30--Employees' Retirement System; credit for

independent county service --.......-,,..--._...__..__...._..._..._.No action in 1978

SB 33--County Tax Assessors; provisions for

challenge of assessment .------------.--..__.._..__._.--......No action in 1978

SB 34--Probation; payment toward cost of

person's supervision ,,-..,,-... .......... _._..............No action in 1978

SB 36--Death of Law Enforcement Officer; provide

for indemnification --..-.--..-..-.-.-...-_-.-._.._.__.___....______.___.1766, 2450, 3370

SB 39--Public Records; provide for photographing -.-.---.---.-...-.-.... ..107

SB 40--Product Liability; death from defective product

cause for action relating to homicide ................107, 126, 186, 621, 641

SB 43--Actuarial Services Department; create ._.._._.._.-........_.. 3023, 3042, 3371

SB 44--Water Quality Control Act; amend relating

to surface water usage ..............................................No action in 1978

SB 47--Election Code; duties of poll managers

after closing __...__.._..___.........-.__.....................................No action in 1978

SB 48--Municipal Election Code; duties of poll managers

after closing ..__.__.--.-........__._____._.__..__.____._______.__. No action in 1978

SB 49--Election Code; applications for absentee ballots ... No action in 1978

SB 50--Municipal Election Code; applications for

absentee ballots ........................_.......................................No action in 1978

SB 51--Election Code; provide for challenges to the

right to vote of any person --...----...,,_. ..__._._ No action in 1978

SB 54--Public Service Commission; enforce safety rules

for railroad employees ...............................................No action in 1978

SB 56--Child Negligence; provide presumptions

as to exercise of due care ............................................No action in 1978

3376

INDEX

SB 57--Public Schools; procedures under which teachers may administer corporal punishment ______-...-.._-..,, No action in 1978

SB 58--Divorce Petitions; show social security number .. No action in 1978 SB 59--Juvenile Court; summons, time between filing of

petition and adjudicatory hearing __________-__._.--...... No action in 1978 SB 60--Juvenile Court; disposition of case involving
mentally ill child, clarify ____________________________________________ No action in 1978

SB 61--Traffic Offenses; change age under

Juvenile Court Code

..._....__....,,.107, 126, 186, 187

SB 62--Juvenile Court; conditions for transferring child to another court ........______________.___.__._...........__-__-__-__..107, 126, 186, 188

SB 63--Juvenile Court; bail prohibited, certain cases ._.._...___.___._..._.....__--..--78

SB 64--Juvenile; dispositional orders continue, certain children _...___..__._______..__..._.__..__..._......

No action in 1978

SB 66--Motor Vehicle Races; regulate operation ....,,_...._._ No action in 1978

SB 67--Motor Vehicle License Tags; bear insignia "Peanut State" ......_.....__....___,,...__._.___...,,_..

No action in 1978

SB 70--Employees' Retirement System; credit for service in armed forces _________-.--.--.__._--.--.---.--...__-- No action in 1978
SB 72--Sunset Legislation; review and termination of certain regulatory agencies ----.......--_--,,._--_____________________.___.--.106

SB 73--State Employees; itemized expense accounts for reimbursement _____ 1385, 1481, 1579, 1581, 3001, 3051, 3138, 3217, 3371
SB 74--Employees' Retirement System; vested rights .._.. No action in 1978

SB 75--Medical Records; discovery to adverse party in civil cases _------.--._...--..----.--.--------,,----.----.No action in 1978
SB 76--No-Fault Automobile Insurance; include certain motorcycles in provisions ..-..-..-,,._.____--------------.. No action in 1978
SB 77--Teachers' Retirement System; minimum benefits certain members .-._______________._ __.,,_....__..__................ No action in 1978

SB 78--Employees' Retirement System; years of service required to qualify ............_________,,_....__._,,............ No action in 1978
SB 79--Steel Traps for Capturing Animals; prohibited No action in 1978 SB 80--School Buses; county education boards authorize use
for elderly and handicapped _._.........._.._......-- No action in 1978 SB 82--Parks and Recreation Areas; reduced admission

for senior citizens ,,......................................___..._.-.._..No action in 1978 SB 83--Civil Practice Act; amend ..........-_-....__..__-_-..._.......... 87, 107, 131, 132

SB 84--Foreign Executors; no bond or application for sale .. 87, 107, 131, 132 SB 85--Negligent Actions; define level of skill .......--....--No action in 1978 SB 88--Foeticide; define crime __--_--_.....----...--.--.._--------- No action in 1978

SB 91--Meetings Open to Public; require notice of time and place --............................._...___..,,............ No action in 1978
SB 93--State Examining Boards; hearings at site other than Capitol .........................._......_.................816, 908, 1063, 1067
SB 94--Teachers' Retirement System; service necessary for retirement -------------..--.--,,_._____............. ___________ No action in 1978

SB 95--Election Code; change provisions relating to determining residence .--._--...._..--.,,_----_----------....-.._..-._......._ 29, 31
SB 96--No-Fault Automobile Insurance; provide for correlation of benefits .....--..-------------------------- No action in 1978

SB 98--Peace Officers' Annuity and Benefit Fund; redefine peace officer ......-....,,._...--..--.....-....-.-....-_..1736, 1739, 3370

SB 105--Employees' Retirement System; credit for armed forces service --.--------------------.--.--............................736

INDEX

3377

SB 107--State Income Tax; Federal retirement excluded -------------------------------- No action in 1978
SB 108--Law Enforcement Officers; basic rights ----------------818, 909 SB 110--Fulton County Employees'
Retirement Plan; create _...---..-.----......------------1164, 1243, 3370 SB 112--Fulton County Teachers'
Retirement Plan; create -.-------------------------.1214, 1244, 3370 SB 113--Fulton County Water Authority; create ---------- No action in 1978 SB 114--Fulton County Teachers; retire with 30 years'
service at 55 _-_---------_..--,,,,----_--------------1463, 3370 SB 115--Fulton County; create joint city-county
board of tax assessors ------------------------------No action in 1978 SB 116--General Assembly; reapportion Senate district
numbers 34, 35, 37, 38 and 39 .^.............................No action in 1978 SB 117--State Funds; expended equally to counties
for same service ---------------------------------- No action in 1978 SB 118--Fulton County Teachers, Education Employees,
Retirement; redefine prior service ----------------------------204, 3370 SB 119--Fulton County Teachers, Education Employees,
Retirement; change benefits -_._-----------------------.204, 1093, 3370 SB 122--Fulton County Superior Court Clerks; fees - 29, 32, 1388, 1504, 1508 SB 123--Pardons and Paroles Board; pay prisoner costs
to county if warrant issued by Board member .--No action in 1978 SB 124--Prisoners; repeal certain provisions
for transfer ..--..._-----------......------...--------..........No action in 1978 SB 125--City and County Services; limit as prescribed
in Constitution __.._--------------------------------No action in 1978 SB 128--Fulton County; apportion cost of services
among areas .-----------------------------------No action in 1978 SB 129--Power Engineers; licensing --------------------------No action in 1978 SB 130--Elevators, Escalators, Related Equipment;
regulate --_--_--__----___---------------------------------- No action in 1978 SB 131--Industry and Trade Department; Small and
Minority Business Assistance Division created ___.__--__________.,,----....818 SB 132--Lobbyists; report contributions to
General Assembly members ----___-------------- ......No action in 1978 SB 133--Lobbyists; certain State employees register ........No action in 1978 SB 136--Employees' Retirement System; certain
contributions kept in separate record --------------No action in 1978 SB 137--Columbus Charter; provisions for amending ---- No action in 1978 SB 139--Peace Warrants; come under jurisdiction
of State courts ----..-------.--------------------------------.-82, 3370 SB 140--Prosecuting Attorneys' Retirement System;
create .------------------736, 819, 918, 939, 2410, 2572, 3054, 3063, 3120, 3202, 3266, 3347, 3349, 3361, 3365, 3367, 3372
SB 141--Transportation Code; amend to provide for disposition of property not needed for public roads ----------------------------------No action in 1978
SB 142--Justices of the Peace; abolish fees for criminal matters and issuing search and arrest warrants ------------------------------------No action in 1978
SB 143--Teachers' Retirement System; certain optional programs .__._..--------------.----------------------.------618
SB 144--Teachers' Retirement System; vesting of disability retirement benefits ..--...--.....____------------___--618

3378

INDEX

SB 146--Criminal Code; prosecution not barred

certain circumstances .----------____----..__._.__..---- ........No action in 1978

SB 147--Driver's License Revocation; limited

driver's permit ----

---------------- No action in 1978

SB 148--Archives Director; authorized to recover lost or

withheld books and papers -------------------------- No action in 1978

SB 149--Public Documents; change provisions relating

to crime of stealing or altering -------------------- No action in 1978 SB 150--University System; grants to students attending

outside schools, redefine terms _..._.-.._...._------ --.____...._.._..... 408 SB 154--Teachers' Retirement System; change provisions
relating to local system options ---------------- No action in 1978

SB 155--Medicaid; payments of interest to vendors ------------.........------29, 32 SB 157--Grants to Students Attending Institutions in
Other States; provisions --------_---------------- No action in 1978 SB 160--Fulton County Employees; retire at 55 years

with 30 years' service ----------.._._._.------------......_ No action in 1978 SB 161--State Employees' Health Insurance; relating to
continued coverage for surviving spouse _______.___.__. 212, 369, 412, 418, 2302, 2311, 3370
SB 162--Motor Vehicle Operators; exempt certain armed

forces reserve members from license requirements --.----2015, 2370 SB 170--Probation; change terms and conditions for

theft conviction _----_.,,_____.--------_----.._-- ______ No action in 1978 SB 173--Human Resources Department; distribute forms
and tags for rabies inoculation at cost -- --.----._----......._......668

SB 175--Civil Practice Act; trial by jury or by court, change provisions ----_.__....----_.___....---------- ------No action in 1978
SB 180--National Guard Members; free tuition at

State-supported colleges, certain cases ....._..____._._.._ No action in 1978 SB 183--State Employees; engage in political activities,
certain conditions ....----_._._._..,,._._.-- .---- -- No action in 1978 SB 184--Putnam County Commissioners; compensation --No action in 1978

SB 185--Burglary of Dwelling House; separate provisions and penalty --------------------................ No action in 1978
SB 186--Election Code; amend to change nomination

requirements for candidates of political body ---------------------------------- 29, 32, 106, 131, 133, 212

SB 187--Campaign Disclosure Act; prohibit contributions by certain organizations to officials and candidates _----._...___._------ -- ------------------ No action in 1978

SB 188--Judicial Circuits; provide for number of assistant district attorneys -------------------------- No action in 1978

SB 189--Civil Practice Act; provisions relating to dismissal of actions ----------------------------.,,_.._.._...............29, 32

SB 190--Driver's License Suspension and Revocation; Public Safety Department duties ----------------.._._.._.._..__. No action in 1978

SB 191--Supreme Court and Court of Appeals Cases; change amount of costs ------_...,,.__.._,,. .--------No action in 1978
SB 192--Product Liability Cases; pretrial procedures _______ No action in 1978

SB 193--Drugs and Cosmetics; provide for advertisement _ No action in 1978

SB 203--Unemployment Compensation, Public Employees; establish trust fund .......................------__..._____..........No action in 1978

SB 205--Hospitals Operated by State; any licensed physician may practice _____,,._,,____.--.--.--.--_._----~-.~--~----~--~~--.990

INDEX

3379

SB 206--Criminal Procedure; trial by special jury for plea of mental incompetency to stand trial _------------------.----....... 29, 32
SB 207--Demurrers and Special Pleas Code; change title of chapter ------------------------------------------------.29, 32, 700
SB 210--Public Safety Department; officers assist local authorities --------------------------1388, 1482, 1579, 1582
SB 211--Natural Resources Board; hearings on rule changes conducted in area affected ---------- 29, 32, 1175, 1235, 1236
SB 212--Motor Carrier; redefine ----------------------------.No action in 1978 SB 217--Hearing Aid, Rental and Purchase; right
of cancellation _------------------ ____--__ No action in 1978 SB 218--Gambling Places; amend Code relating
to bingo games ------______.__--_----------------------------------_______78 SB 219--Recording of Deeds; certain requirements --------------------- 29, 33 SB 220--Corporations; requirements relating to
filing documents --------------------------------------No action in 1978 SB 221--Small Business Assistance Act; amend
relating to purchases from minority businesses and the Advisory Council ------------------------ 29, 33, 368, 412, 419 SB 228--Licensed Public Accountants; licensing provisions ----._------------------------------No action in 1978 SB 229--Distribution of Obscene Material; not apply certain persons ----------------------------------------------------------184 SB 230--Employees' Retirement System; employees of World Congress Center eligible ---------------------------- 29, 33, 618 SB 231--Public Accounting; revise laws ---------------------- ----------------29, 33 SB 233--Motor Vehicle Inspection Certificate; owner have proof of liability insurance before renewal --.No action in 1978 SB 234--Sandy Springs; incorporate ------------------------ No action in 1978 SB 235--Rape Conviction; unsupported testimony of female --------.363, 398 SB 236--World Congress Center Authority; redefine powers ------------------------2270, 2598, 2793, 3077, 3370 SB 237--Public Service Commission; prohibit granting emergency rate increase --------------------------No action in 1978 SB 238--Public Service Commission; electric utility companies level fuel adjustment charges, certain cases ----------------------29, 33, 1175, 1236, 1239, 3329, 3334 SB 239--Utility Company; political advertising and charitable contributions counted as operating expenses prohibited ----------------------29, 33, 1175, 1236, 1245, 1252 SB 240--Electric Membership Corporations; Public Service Commission regulate ------.--... ------------------No action in 1978
SB 243--Transportation Department; procedures for licensing open-to-public airports ----------------------.364, 428, 3370
SB 247--Child Support Payments; provide for collection and monitoring of payments _------_--__----------1388, 1482, 1579, 1584
SB 248--License to Carry Pistol; requirements for application -------------------------------------------- No action in 1978
SB 250--Probation Supervisors; limit funds payable to ---No action in 1978
SB 251--State Agencies; energy consumption analyses required for construction of certain facilities ,,--..--...------------------------------------------408
SB 252--Tax Digests, Counties; repeal Act requiring Revenue Commissioner to approve --------------------------------------29, 34

3380

INDEX

SB 253--Licensed Psychologists; included in certain

health and accident insurance policies __------_--___ No action in 1978 SB 255--Littering; change penalty ....._......___.._...----..............No action in 1978

SB 258--Insurance Rates; consideration of insurer's

average yield from investment income

in standards

-____.___._.__._....--.._....... 2016, 2031, 3370

SB 259--Unauthorized Reproduction of Recorded Material; penalty for violation .._.._.___..____.__._______.....____.__.__..__.....____._._.___.2015, 3371

SB 260--Judgments; dormancy and statute of limitations provisions not apply, certain cases __.....-....... No action in 1978
SB 261--Motor Vehicle License Plates; Revenue Commissioner authorized to extend five-year plates ______________..185, 214, 376, 380, 671
SB 262--Locksmiths, Key Makers; regulation and licensing ......_............._____._...______..__.,,....._.__..___._. No action in 1978

SB 263--Probate Judges Council of Georgia; create __,,.____ No action in 1978 SB 264--Probate Court Judges; revise provisions
relating to fees ....._.._._._....._.._.._..__.__...__._._....._.......__._. 3227, 3237, 3371 SB 265--Traffic on Highways Act; local authorities may
adopt all or portion of provisions ........._._-.................. 29, 34
SB 266--Municipal Courts; try certain offenses under Uniform Rules of the Road .........__...._--.-......._.._..__. 29, 34
SB 267--Attorneys Representing Indigent; appointment and payment __.__..-.-.... --__.-_.__.._..._..__.__..__.......... No action in 1978

SB 268--Insurance Rates; casualty and property insurers notify policyholders of increase ._-.--------._._.._. No action in 1978
SB 270--Surplus State Property; disposition of books

and printed material -.--_....._..._.__,,___.._,,.--------...._..__..._..___-..-_,,----...106 SB 274--Municipal Taxation; salesmen, change language
relating to population Acts ................_-----. .....No action in 1978 SB 276-^11631 Estate License Revocation; post bond for
stay of order _............-.........___.__.._......----..............No action in 1978 SB 284--Savannah Beach Alcoholic Beverage Sale;
Sunday __.....__.._._...._.-_.-._,,.. _......_...______.^....-............. No action in 1978

SB 285--Gordon Judicial Circuit; create ._.........---.-....... 1765, 2462, 3371 SB 286--Consumer Debt Collection Practices; regulate .... No action in 1978 SB 287--Human Resources Employees; compensation
certain personal property losses ........ _........... No action in 1978

SB 288--Motor Vehicle Accident Reparations Act; limitation on punitive damages, certain cases .._..._.._.----_...... No action in 1978
SB 289--Motor Vehicle Accident Reparations Act; subrogation _.__.........._.___...._..._....._.___..__..---.----..... No action in 1978
SB 290--DeKalb County Board of Registrations and Elections; membership, duties ._........._.,,_..__.___._.-..-.---.-.--. 1315, 1440, 3371

SB 291--Subdivisions; deeds, conveyance of title, modification of covenants ..._.__._._._.-...-_.------._.._. No action in 1978
SB 296--Workmen's Compensation Law; encourage
hiring handicapped by limiting employer liability ....-_...........----------.__..... No action in 1978 SB 299--Newspaper and Magazine Editorials; names of authors required .................................... No action in 1978

SB 300--Social Work Practitioners; regulate .._.._-..._.._._.._...,,---... 29, 34 SB 301--Nonprofit Contractors; change provisions on
reports'required in contracts with State agencies ___._._--_--. 29, 34, 699

SB 304--Rapid Transit (MARTA); selection of board members --------__.___..._--_.__.._________._.....No action in 1978

INDEX

3381

SB 308--Offender Education; provide programs ----------No action in 1978

SB 311--Criminal Procedure; pretrial status and conditions

of release ------------------------------___.................No action in 1978

SB 313--Mental Health Insurance Coverage; included in

group and individual health policies __------------No action in 1978

SB 314--Campaign and Financial Disclosure Act; amend

to limit contributions ----__------......._--,,------..----No action in 1978

SB 318--Pharmacists Dispensing Certain Drugs; certain

information on label ------------------------..---- 29, 35, 818, 919, 957

SB 319--Adequate Program for Education (APEG); reduce

number of days required for school year _----...---- --._................--735

SB 320--Telephone Solicitations; certain false statements

unlawful ----.--------_----.-----------------.------------.--------._......29, 35

SB 321--Motor Vehicle Accident Reparations Act;

mandatory coverages ...._---------------------------------------------- 30, 35

SB 322--Medical Care; termination of for terminally ill

patients, certain cases -------------------------------------------- ....991

SB 324--Pulpwood Sold by Weight; standard

cord-equivalent weights

........ ----. No action in 1978

SB 326--District Attorney; term under Law School Public

Prosecutor Act also means

solicitor --------------------...---- 30, 35, 184, 219, 376, 377, 3361, 3371

SB 327--Motor Vehicle Accident Reparations Act;

redefine motor vehicle .........------------...-. ------No action in 1978

SB 329--State Parks; reduce campsite charges for 65 year olds ....... 30, 35

SB 330--Smoking; prohibited in certain health care

facilities or hospitals -------------------- .........No action in 1978

SB 333--Property; provide for exemption from levy sale

or foreclosure under process ------------...--------.No action in 1978

SB 334--Health Maintenance Organizations;

new Code Chapter ......------.....................--..............No action in 1978

SB 335--Public Service Commission; transcript of

oral proceeding, provisions for in contested cases ... No action in 1978

SB 337--Liens, Mechanics and Materialmen's;

additional method for discharging ___--------. ..........._ .----.....77, 87, 110

SB 338--Materials and Energy Authority; create ---------- ------.-------- 30, 35

SB 339--Near and Middle Eastern Commission; create

to promote State productivity in that area --------.------.------..30, 35

SB 340--Superior Court Judges Elect and Designate;

educational seminars ----..------------__--._............_.... --------30, 36

SB 342--Judicial Council of Georgia; change duties ....... 736, 819, 1063, 1068

SB 344--Rockdale and Newton Counties; change

county lines ....------------ --.......--------_.------.......No action in 1978

SB 345--Estates; notice to interested persons relating to year's support ----------------------.----------.--..----------184

SB 346--Orthotists Practice Act; define certain terms ------------------------736

SB 347--Loans Repayable Monthly, Quarterly, Yearly; interest on principal ------------------------ .........No action in 1978

SB 348--Workmen's Compensation; redefine employer --No action in 1978

SB 349--Motor Vehicle Franchise Practices Act; legislative intent relating to farm and construction equipment ------------30, 36

SB 350--Fair Market Value; redefine ....... ------------.----------183, 214, 376, 380, 1764, 2008, 2041, 2132, 2205, 3076, 3180, 3371

3382

INDEX

SB 351--Practical Nurses; change license qualifications

and examination procedures .........._...___._..----...,,............ 1387 SB 352--Medical Practitioners; application for staff
privileges in hospitals ....__.-.__......._.____.__...__.. No action in 1978 SB 353--Interest Rates; loans repayable in

weekly installments .-- ....___._._._.---.--_._..-----.-...-.-- .-- -...--- 30, 36 SB 354--Probate Court Judges; minimum

salaries ....._..____................. 699, 737, 830, 840, 3227, 3252, 3371

SB 355--Foreign Discriminatory Boycotts Act; enact _______ No action in 1978 SB 356--Wills; female testator may leave estate
to stranger .._...._...._.......__.,,.......____..._ 87, 107, 131, 136 SB 357--Year's Support; applicability, right
of widower _.-_.................--.-- .._.._.._. 368, 408, 621, 645

SB 358--Year's Support; widower's rights relating to conveyances and encumbrances of property ......__.___... 368, 409, 621, 646
SB 359--Transportation Department; regulations relating to securing loads on vehicles .__.--_ ............. No action in 1978

SB 360--Transportation Code; width of vehicles on

highways, exceptions for buses .......----.-- .._.__.---...... 30, 36 SB 365--State, County, City Employees; rights and
representation in grievances _____.--_----.-_.,,___----.--..... No action in 1978 SB 367--State Agencies; applications for federal grants
subject to legislative review ...------____..---..----....No action in 1978

SB 368--Public Safety Department; additional powers

for G.B.I, agents _...._.._.__.__._........

No action in 1978

SB 369--Hypnotism, Mesmerism; regulate use ... _ 1388, 1482. 1579, 1588 SB 371--Bibb County Civil Court; change jurisdiction ....... No action in 1978 SB 372--Hospital Authorities; appointment and
filling vacancies .__.___......._.._...__._._ 23, 408, 619, 671, 708, 713, 830, 834

SB 373--Garnishment; change provisions relating to relief from default judgment ....._....... 23, 991, 1054, 1126, 1130, 3259

SB 374--Evidence; privileged matters under discovery,

change post-judgment provisions ....... 23, 1388, 1482, 1579, 1590, 2753, 2939, 3371

SB 375--Wills, Estates; renunciation of succession relating to life insurance policy _..........-........ ............ .23

SB 376--General Assembly Members; unlawful to receive

compensation when representing person or firm

before State board or agency . _...__......

_...______._._.__-._.... 23

SB 377--Motion Picture Fair Competition Act; create __..... 52, 78, 88, 110, 111

SB 378--Gasoline Marketing Practices Act; change

and add definitions

. .... 53, 368, 409, 621, 647, 991, 1063, 1069

3165, 3188, 3212, 3371

SB 379--Paupers; maximum amount authorized for burial ._.------.......--53, 61

SB 380--Public Schools; provisions for punishment and

expulsion of students .._._...._......._..53, 735, 759, 1301, 1390, 1579, 1591

SB 381--Student Teachers; agreements between boards of education and institutions of higher education __..________._._....___._._.53, 735

SB 382--Education Boards; change provisions relating to liability insurance for members ..._________.___........53, 735, 819, 919, 959, 2170, 2261, 3371
SB 383--Medical Education Board; create -.......54, 699, 737, 830, 843, 2204, 3371

SB 384--Scholarships; Regents Board authorized to grant, certain cases ........._______. -._.________54, 408, 619, 671, 708, 721, 2204, 3371

INDEX

3383

SB 385--Early County Small Claims Court; create -----...-54, 86, 108, 128, 401 SB 386--Early County Board of Commissioners;
stagger terms of office __...__..._.._......__._...._......_..._._ 54, 86, 108, 128, 401 SB 387--Early County Tax Commissioner;
compensation ............................................... ...^, 86, 108, 129, 401 SB 388--Randolph County Board of Commissioners;
compensation ....................................................5i, 86, 108, 129, 401 SB 389--Randolph County Sheriff and Deputy; auto
and travel expenses ........................... 5^, 86, 108, 129, 401 SB 390--Randolph County Deputy Sheriff;
compensation ...............................................55, 86, 108, 130, 401 SB 391--Public Service Commission; regulate
cable television operations ------ -- --..__._.__.._..___...._.._...._-..,,__...__..,,.55 SB 392--Driver's License Revocation; change provisions
on habitual violators ................................................55, 668, 701, 743, 750 SB 393--Physical Fitness Establishments; regulations,
contract provisions ........... 55, 667, 701, 743, 830, 831, 2204, 2283, 3371 SB 394--Hunting; provisions for injury caused
by discharging weapons ........................................55, 701, 737, 830, 844 SB 395--Veterans Driver's License; provisions
for National Guard members ................................55, 87, 108, 131, 137, 2042, 2165, 3371
SB 396--Counties; authority to regulate dumping of trash or garbage from outside boundaries ...................................... .56, 184, 214, 376, 383
SB 397--Intrastate Child Custody Jurisdiction; provide ___.___.._..._..___.................56, 668, 701, 743, 751, 2169, 22T3, 3371
SB 398--Peace Officers Standards and Training Act; define peace officer and law enforcement unit ...................................................... 5&, 668, 702, 743, 752, 1765, 3371
SB 399--Criminal Justice Planning and Coordination Act of 1978; enact ..................__.._.....56, 107, 127, 186, 189, 3016, 3049, 3371
SB 400--Funeral Service Board; change membership ........56, 106, 127, 186, 190, 2167, 3371
SB 401--Structural Pest Control Commission; change membership ........................................56, 106, 127, 186, 190, 2168, 3371
SB 402--Electrical Contractors Board; change membership .........._......._.._..._..___.._..... 57, 106, 127, 186, 191, 2167, 3371
SB 403--Public Assistance Act; offense of fraud in obtaining public assistance ....................................57, 213, 369, 412, 420, 1767, 1845, 3371
SB 404--Opticians Board; change membership .._..._..._._...._. 57, 106, 127, 186, 192, 2169, 2285, 3371
SB 405--Pharmacy Board; membership and duties _............_..__...._..__....._...........57, 106, 127, 186, 193, 3078, 3133, 3372
SB 406--Plumbing Contractors Board of Examiners; membership ..........................................51, 213, 369, 412, 420, 1858, 3371
SB 407--Real Estate Commission; additional member ........................................57, 106, 127, 186, 194, 2168, 2317, 3371
SB 408--Sexual Exploitation of Children; prohibit ........................58, 1052, 1109, 1236, 1248, 2552, 2572, 3077, 3130, 3167, 3254, 3367, 3372
SB 409--Motor Vehicle Operator Stopped by Police at Night; light in interior --.--,,--.----------------___--------.._------58

3384

INDEX

SB 410--Food Stamps; fraudulent offenses and

penalties --------------------------..---- 58, 818, 909, 997, 1024, 2597, 3371

SB 411--Transportation Code; delete provision allowing equalization

of overweight load --------------.71, 107, 128, 186, 195, 725, 3371

SB 412--Maximum Speed Limits; change provisions

relating to when local authorities may alter school

speed zones --------------------------------.71, 107, 128, 186, 196, 805, 3371

SB 413--Speed Detection Devices; circumstances for basing

case on ........----------- 71, 185, 214, 376, 384, 399, 413, 621, 640, 701,

743, 754, 778, 1765, 3371

SB 414--Speed Detection Devices; provisions for inadmissibility

into evidence .........................^l\, 369, 409, 621, 649, 2598, 2791, 3371

SB 415--Speed Detection Devices; change provisions relating

to visibility

. 71, 369, 409, 621, 650, 671, 674, 2016, 3371

SB 416--County Taxes; levy authorized for assistance to

joint county-city development authorities --.--.72, 183, 214, 376, 385,

2040, 3371

SB 417--Cities; authorize taxes for city-county

development authority ..__._...__..__.._..__..72, 183, 215, 376, 386, 2040, 3371

SB 418--Rome Judicial Circuit Assistant District Attorney;

qualification and compensation .------.72, 183, 215, 372, 725, 752, 3371

SB 419--Motor Vehicle; unlawful to operate without

litter container _...._..........__.._..._..._._.._.-_....-...._.-................_.............._...........72

SB 420--Election Code; amend to provide for preservation

of records, registrars' qualifications and duties,

notices of candidacy ..................72, 700, 737, 830, 847, 2035, 2083, 3371

SB 421--Hospital Authority Members; proceedings for

removal -----------,,,,--- 73, 213, 369, 412, 423, 2040, 3371

SB 422--Hospitals; application for staff privileges, change

time limit for action ------------------73, 213, 370, 412, 423, 2553, 3371

SB 423--Hospital Authority; contracting for certain

consulting services ----------------------73, 213, 370, 413, 424, 2168, 3371

SB 424--Hospital Authorities; filling of

vacancies ......... .------------------73, 213, 370, 413, 425, 3362, 3372

SB 425--State Employees; exempt nurses from prohibition

against additional part-time employment

with State _..__------..................... 73, 213, 370, 413, 426, 1859, 2321, 3371

SB 426--Medical Malpractice; limitation of actions relating

to death or injury of certain minors ......................_...................73

SB 427--Municipal Elections; relating to ballots for

unopposed candidates ...................................7 4, 213, 370, 413, 427

SB 428--Election Code; amend to provide for unopposed

candidates .........._.._.._...................74, 213, 370, 413, 430, 2498, 2759, 3054,

3063, 3291, 3292, 3365, 3371

SB 429--Human Resources Department; change provisions on

cost of care of patients in State

institutions ..._.----.----------------------- 74, 736, 819, 919, 960

SB 430--Fair Business Practices Act; correct typographical

errors, clarify provisions on consumers ----..74, 1388, 1482, 1579, 1594,

'3078, 3170, 3339

SB 431--Fulton County; minimum standards for city

incorporation not apply ------......----------------------------....--------74

SB 432--Public Service Commission; use certain

accounting principles for rate-making ..... ---- ------------------74

SB 433--Theft by Taking; redefine crime, add provisions

relating to shoplifting .....__.__..75, 368, 409, 621, 650, 1764, 2098, 3371

INDEX

3385

SB 434--Probation for First Offenders; provide for forwarding

of records ................__..._.--,,_----.___.----------------___.__.--._------------.75 SB 435--Evidence; incrimination must be proven to exempt

testimony under privileged matters ------------------------------75 SB 436--Abandoned Motor Vehicle; certain notices
sent for sale .._...._._._...________..__._____._______..___..____.______75, 184, 215, 376, 387 SB 437--Real Estate Brokers and Commission Employees;
licensing provisions ----......_..........___ 75, 368, 409, 621, 671, 676, 1764,

SB 438--Peace Officers Retirement Fund; relating

1815, 2016, 2211

to reemployment _,,---_-_,,------_-_____________..__...._-.._-___.____________________________76 SB 439--Crime Information Center; dissemination certain
information to certain persons ------76, 184, 215, 376, 388, 3362, 3372 SB 440--Drug-Related Printed Material; distribution to
minors unlawful _--.__----------------------76, 184, 215, 376, 397, 412,

413, 2169, 2260, 3371 SB 441--Drug-Related Objects; distribution to minors

unlawful, penalties ----------------------76, 184, 215, 376, 398, 412, 414, 3071, 3281, 3289, 3372
SB 442--Refunds of Merchandise, Tickets; unlawful to give

fictitious address ----------------.82, 368, 409, 621, 671, 677, 2041, 3371 SB 443--Search and Seizure; return of certain stolen
property to owner ______________________ 82, 368, 410, 621, 671, 678, 2302, 3371

SB 444--Posttrial Procedure; dismissal of appeals ------------....------------------83, 668, 702, 743, 756, 3067, 3371

SB 445--Child Custody, Habeas Corpus Cases; notice of appeal ........................83, 668, 702, 743, 759, 3137, 3218, 3291, 3302, 3350
SB 446--Employment Security Law; transitional unemployment insurance coverage ..........-.....--........................._------.83

SB 447--Milk Sales and Distribution; cost of

inspection ----.-.----_---------------- 83, 183, 215, 376, 389, 899, 3371

SB 448--Livestock Purchased at Auction; manner of making payment ..._...............................83, 183, 216, 376, 390, 899, 3371

SB 449--Health Code; hospitalization and treatment procedures for mentally ill .._._______._______..__..._.84, 213, 370, 413, 431, 1765, 2977, 3371

SB 450--Health Code; habilitation procedures for mentally

retarded .............................__.84, 1108, 1175, 1236, 1258, 2169, 2981, 3372

SB 451--Health Code; hospitalization and treatment procedures for alcoholics and drug-dependent persons ........84, 213, 371, 413, 438, 1765, 2994, 3372

SB 452--Transportation Code; amend relating to gross weight

limitations, powers of enforcement officer, fines ___.__..._.................-........104, 185, 216, 376, 391, 412, 416, 899, 3371

SB 453--Joint Committee for Review of Administrative Rules; create .______._______.__..___.104, 700, 737, 830, 863, 875, 892, 919, 977

SB 454--Recording and Monitoring of Telephone Conversations; consent of parties required -- .._------------------------------------104

SB 455--Teachers' Retirement System; additional persons to establish certain credit . .. .. 123, 991, 1054, 1403, 1404, 2168, 3371

SB 456--Public Employees; compensation while on ordered military duty .._..__._----.-..........................._..-.._-..__.......... 123, 1480, 1565

SB 457--Compensation Commission; amend Act creating

relating to duties, meetings and reports .----123, 817, 909, 1063, 1075, 1859, 2099, 3371

3386

INDEX

SB 458--Administrative Procedures Act; change time for

notice of hearings ------------..123, 700, 737, 830, 863, 2141, 2162, 3371

SB 459--Utility Bills; change notation of rates and

meter readings provisions _.--.-------------- .--_.-........--__--_.__._123 SB 460--Music Recording Industry Advisory Committee;
create ........------...................123, 368, 410, 622, 671, 708, 718, 2302, 3371

SB 461--Putnam County Board of Commissioners; compensation _._------_--------------_._.----178, 989, 1058, 1118, 1315, 3371

SB 462--Putnam County Sheriff; compensation .._..--------------------.--...178

SB 463--Milledgeville; de-annex and exclude from city certain property ....__..___.__........_..__._........._.179, 617, 669, 704, 984, 3371
SB 464--Cosmetology; change provisions on fees, licensing requirements and certification -------.--..---__--------..-...--.__----_--.--.-179

SB 465--Industry and Trade Board; membership, qualifications ............................... -179, 213, 371, 413, 621, 622, 2345, 3371

SB 466--Special Adult Offender Act of 1975; repeal ....... 179, 991, 1054, 1127, 1131, 2204, 3371

SB 467--Property Insurance; define certain discrimination as unfair trade practice ..._._..___.179, 667, 702, 743, 761, 3066, 3130, 3371

SB 468--Insurance Contract; relating to definitions and

cancellation notice on residential real

property _

. _ .179, 667, 702, 743, 763, 2498, 2509, 3371

SB 469--Atlanta; deferred pension benefits those leaving

employment of city .-.._______------.--._______.__.------_.._...._..__._______________...180

SB 470--Atlanta Pensions; prior service credit certain employees __..--.__--.180

SB 471--Fulton County Board of Education Pensions;

prior service credit certain employees ._____--------._____------_-......_----180

SB 472--Teachers' Retirement; prior service credit for certain services ----------.--.--..----------.--.---------.-.-........--------------180
SB 473--Employees' Retirement; creditable service as member certain regulatory agency ___._----.___.._.._.------__----.--...------.180
SB 474--Accident and Sickness Insurance; individual coverage of dependents, requirements on group policies ___.__.____._----------....180, 989, 1054, 1127, 1132, 2168, 2293, 3371

SB 475--Accident and Sickness Insurance; change provisions on individual and group policies .........._......__._.._.._.........._ ........ 181
SB 476--National Guard Units; authorized to operate

post exchanges .......----...............----... 181, 618, 669, 708, 719, 830, 836 SB 477--Sexual Offenses, Criminal Code; filming of child
engaged in sexual act unlawful __._.___------_--.______------______ 181

SB 478--Health Code; hospitalization of mentally ill, change provisions on voluntary admission ........................181, 668, 702, 743, 777,

2169, 3001, 3372 SB 479--Sexual Offenses, Criminal Code; change provisions
relating to enticing a child for indecent purposes ....__..............,_.._._.205
SB 480--Local Revenues; full disclosure of effect of rate changes .........._------..................._....__..._.._-............_.._.._...--........ 205

SB 481--Possession of Land; husband with wife possession of both _-,,__.----------_----------------.------__ 205, 1302, 1391, 1504, 1509

SB 482--Health Care of Indigent Persons; provide for payment of cost of treatment ........._............_..............._.._..... 205, 700, 738, 830, 864

SB 483--Cosmetology Board; qualifications of members, licensing provisions ..._._____--_____._--.-.._________________..--...____--_--_--......___.____205

SB 484--Criminal Code; bad checks, term present consideration

include past due rent ........205, 1174, 1224, 1307, 1309, 2257, 2274, 3372

INDEX

3387

SB 485--Election Ballots; order of names on ballots determined by lottery .............. ..... _----___.--------... 206, 700, 738, 830, 869
SB 486--Mental Retardation From Inherited Metabolic Disorders; prevention ------------......206, 668, 703, 743, 781, 1766, 3371
SB 487--Employees' Retirement System; change provisions on creditable service, military and legislative ....................................206
SB 488--Teachers' Retirement System; change military service credit provisions ..-- ................................_..............206
SB 489--Cobb Judicial Circuit; judges receive sum equal to employee contribution to Superior Court Judges' Retirement System ___.____................................206, 617, 669, 705
SB 490--Atlanta Employees' Retirement; provisions for postretirement benefit adjustments _....._.-- .__----.......----........----.206
SB 491--Teachers' Retirement System; prior service credit certain noneducational service --.--.--...,,-- ..----.----------_._.._........207
SB 492--Teachers' Retirement System; transfer of teachers from certain local systems _----------------.----._----------...207
SB 493--Teachers' Retirement System; change minimum retirement benefit provisions ......... ....... 207, 1390, 1482, 1579, 1598
SB 494--Teachers' Retirement System; credit for teaching service in other system _-.___.,,,,_-_--_._._--_--_,,.--.--_______.----------_...._-.207
SB 495--Atlanta Employee Pensions; change provisions on prior service credit _,,.,,..--.----------._,,---- ------.-------------.207
SB 496--Teachers' Retirement System; change retirement allowance provisions .----.......----.._.----.__.._.._.......,,.._.........._.... .....207
SB 497--Fulton County Employee Pensions; vesting privileges after 10 years ....................207, 2215, 2223, 2433, 3362, 3371
SB 498--Fulton County Employee Pensions; beneficiary coverage ..__._._.________...__._________.._________..208, 1107, 1177, 1228, 3362, 3372
SB 499--State Officials; compensation, expenses ..................................................-208, 817, 909, 1064, 1080, 1385, 1579, 1598, 3066, 3132, 3371
SB 500--State Officials; change compensation and allowances ........_._..._.___.208 SB 501--Juvenile Courts; change provisions regarding
creation ________.__________._______.._...._____.364, 700, 738, 830, 870, 892, 919, 969, 2499, 2585, 3054, 3059, 3120, 3174, 3258, 3325, 3364
SB 502--Prisoner of State Held in County Jail; Attorney General defend habeas corpus proceedings --..-..----....,,--------.----_----------364
SB 503--Public Safety Department; officers assist local authorities upon request ....... 364, 668, 703, 743, 782, 2016, 2080, 2.614
SB 504--Product Liability; permit recovery against manufacturer for homicide --------------------................--....--_--365
SB 505--Higher Education Program for Senior Citizens; establish ._..._.._----__------.._...............402, 818, 909, 996, 1018, 2345, 3372
SB 506--Solar Easement Act of 1978; provide ....... 402, 1052, 1109, 1236, 1307, 1310, 2345, 3371
SB 507--Game and Fish; change provisions relating to killing deer without antlers and night hunting ............ .................................. ..402, 701, 738, 830, 876
SB 508--Game and Fish; hunter education required, change provisions relating to hunting on public road .....----------403, 701, 738, 831, 881, 3078, 3193, 3372
SB 509--Natural Resources Department; game and fish license, revocation or nonrenewal provisions ._..__..... ...403, 701, 738, 831, 883, 2212, 2327, 3372

3388

INDEX

SB 510--Game and Fish; hunting, provisions and penalties

for mistakenly shooting at human beings _______ 403, 701, 739, 831, 887

SB 511--Product Liability; altered product defense for

manufacturer relating to privity to support action for tort ....................................403, 700, 739, 831, 887, 2142, 2161, 3371 SB 512--Product Liability; certain actions against

manufacturers must be instituted within certain

time

.

403, 700, 739, 831, 888, 3068, 3372

SB 513--Product Liability Insurers; annual reports ....................................... 403, 734, 819, 919, 961, 2168, 2342, 3372

SB 514--Product Liability Insurance; information required

on surplus line brokers' quarterly affidavits ._..............-.___.__..-.. 404, 734, 820, 919, 963, 3066, 3244, 3372

SB 515--Prosecuting Attorneys' Council; approve credit or reimbursement for certain training courses or continuing education ...............................404, 991, 1055, 1236, 1307, 1312, 3067, 3371

SB 516--Firearms Discharged on Sundays; change provisions ................ 404 SB 517--Alcovy Judicial Circuit; additional judge ._.._._.----..404, 700, 739, 831,
889, 2167, 3371

SB 518--Vital Records; procedure for changing or amending ________________________________________--_.404, 1052, 1109, 1187, 1188

SB 519--Contractor's Bonds; change requirement relating to contracts with counties ._.____.___.___ 404, 734, 820, 919, 966, 2553, 3372
SB 520--City of Boston; mayor and aldermen, election ..................___.....____.._.............._____.405, 618, 669, 705, 1041, 3371

SB 521--Corporations; grounds for involuntary dissolution, requirements for filing certain reports .--_...._.......-- ....._. 610
SB 522--County Health Boards; contract with certain agencies and institutions, provide for health

districts

. . . 610, 736, 820, 919, 967, 2410, 2613, 3075, 3372

SB 523--Guardian of Mentally 111 Person; procedure for

appointment ....-..__.. 610, 1302, 1381, 1504, 1510

SB 524--Utility Companies; prohibited from discontinuing

service for nonpayment of bills in freezing weather ........__......... 610 SB 525--Utility Companies; automatic fuel adjustment increases
prohibited, exceptions ....____......_.._.... __-.___.._._..__.___..._.----_..._.610

SB 526--Criminal Procedure; rewards offered by Governor for arrest of felons, change amounts ....................611, 1053, 1110, 1187,

1189, 2409, 3372 SB 527--Public Service Commission; civil penalties for
violations, utilities make refunds for rates adjudged

excessive .._.._.._..__._._._.._...._.___........__.,,,,___..,,_.....................611, 1175

SB 528--Motor Vehicle Certificate of Title Act; exclude

10 year old vehicles

.. 611, 991, 1055, 1127, 1137

SB 529--Adequate Program for Education (APEG) ; change allotment and salaries of elementary instructional specialists ___________.___________.______..611, 735, 820, 919, 968, 3346, 3347, 3372

SB 530--Group Accident and Sickness Insurance; limitation of benefits for preexisting illness prohibited after one year ___________.____.__.611, 734, 820, 996, 1014, 3015, 3146, 3364, 3372

SB 531--Group Accident and Sickness Insurance; limitation of benefits for preexisting illness prohibited in replacement policy ____..__.._.___.611, 734, 820, 996, 1016, 3139, 3284, 3364

INDEX

3389

SB 532--Public Service Commission; regulate rates charged by power companies for steam which is by-product of electricity production .....__.....___...-....___._....._..._....._.._...._...-...._....612
SB 533--Liability Insurance; coverage for certain nonprofit agencies ......................__....__-__..___-__-612, 817, 909, 1063, 1064, 2351, 3065
SB 534--Testamentary Guardian; appointment provisions by parent for minor child _______.____.__.612, 991, 1055, 1403, 1407, 3067, 3371
SB 535--Alcoholic Beverage Distributor, Retailer; Revenue Commissioner authority to renew or reissue revoked licenses ............................. 61Z, 1050, 1110, 1236, 1307, 1312
SB 536--Malt Beverages; importation into State _______.____.____.__..._____..__-612, 1050
SB 537--Alcoholic Beverages; change provisions on advertising prices ..................._._-.....-_-..-....-._-..................__......---__-_.....__._-.-.-....612, 1050
SB 538--Pulmonary Disease of Firemen; presumed to have occurred on duty _...__..___._...._..613, 1052, 1110, 1308, 1313, 1362, 1404, 1457, 1504, 1505
SB 539--Workmen's Compensation Law; fireman death, disability ....._..._.. 613, 1052, 1110, 1308, 1314, 1403, 1456, 1504, 1507
SB 540--Ocilla; extend corporate limits _._.___.___.613, 699, 739, 824, 1100, 3371
SB 541--Town of Toomsboro; prohibit consumption of alcoholic beverages public places ......................_-....660, 734, 823, 912, 1161, 3371
SB 542--Baldwin County Small Claims Court; change jurisdiction .__.._...........-...........-__.._.._-660, 734, 823, 913, 1467, 2034, 3371
SB 543--Georgia Military College Board of Trustees; change number and composition ..__....660, 818, 910, 996, 1011, 2016, 2082, 3372
SB 544--Voter Registration Places; requirements for additional ____.______.________._____.660, 1052, 1110, 1236, 1403, 1408, 2498, 3371
SB 545--Election Code; change qualifying time and number of signatures required for nomination petition __. 660, 1052, 1110, 1236, 1403, 1409
SB 546--Private Employment Agency; duties, requirements and advertising fees _.....-.___..__..._.__..___.__..__,,__...._.-.__........._....._.. 660
SB 547--Foreign Corporations; venue requirements ___._.._._.._______._.____._._.661, 1302, 1391, 1504, 1511, 3068, 3372
SB 548--Transportation Department; permits, provisions relating to modular, sectional homes on highways ..........^..............................6Gl, 701, 739, 831, 890, 1764, 3372
SB 549--Rabun County School Superintendent; appointment _.__._________________.____..__.___.__.____.661, 734, 823, 913, 1161, 3371
SB 550--Rabun County Board of Education; election ............................._-._.-_-.._...__.__...__.661, 734, 823, 913, 1161, 3371
SB 551--Georgia Building Authority; assistance from State Patrol and GBI in security measures _._,,._..__,,__ 661, 1052, 1110, 1236, 1308, 1316, 3068, 3370
SB 552--State Official Operating Private Motor Vehicle; increase reimbursement ......................_...__661, 1052, 1111, 1236, 1308, 1316, 3068, 3372
SB 553--Public Schools; provisions for sick leave for teachers ..........................................6G2, 735, 821, 996, 1012, 1766, 3371
SB 554--Adequate Program for Education (APEG) ; Coordinating Committee for Exceptional Individuals, membership ....................................662, 735, 821, 996, 1013, 1858, 3372

3390

INDEX

SB 555--Adequate Program for Education (APEG) ; provide classroom aides and paraprofessionals ______-_..-....___....._______.662, 735, 821, 996, 1013, 2204, 2291, 2412, 2588, 3372
SB 556--Adequate Program for Education (APEG) ; adult education for 16 and 17 year olds ....___..__.__.___..___.662, 735, 821, 996, 1019, 2345, 3371
SB 557--Adequate Program for Education (APEG) ; local units utilize adult educational personnel for community activities ___.._..._...._...._... 662, 735, 821, 996, 1020, 3067, 3372
SB 558--Consumers' Utility Counsel; information provisions in contested regulatory proceedings before Public Service Commission ... ..........-.-------..-..__....._.__....._....._....... 663
SB 559--Administrative Procedure Act; amend to provide for publication of bulletin of agency rule changes .__.._._._._____....__...._.._______663, 1174, 1225, 1308, 1318, 1579, 1580
SB 560--Wayne County State Court; filling of vacancy __......663, 734, 823, 914 SB 561--Glynn County State Court; prohibit judge ruling on
matters with financial interest ___________.___.__...__.___.____.._.663, 734, 823, 914
SB 562--Burglar Alarm; manufacturer indemnify retailer for damage due to malfunction ___________________.___.___.___________.____________.__.__..___.663
SB 563--Stone Mountain Memorial Association; change composition .__.___.____....-......._........_..663, 817, 910, 1064, 1080, 3362, 3372
SB 564--Jekyll Island-State Park Authority; change composition __.___.._________.__._____..___.__.664, 817, 910, 1064, 1082, 3362, 3372
SB 565--Soil Classifiers Board of Registration; change scheduled termination date _...._..........._..__......-....-..-_... .692, 1052, 1111, 1579, 1601, 2552, 2763, 3165, 3174, 3258, 3263, 3364, 3372
SB 566--Transportation Code;/vehicles hauling forest products exempt from weight limitations ................_..___.._....._............__..___........692
SB 567--Savannah Beach; change name to Tybee Island ._...,,._...___.....__.. __._-..._.........._..692, 735, 823, 914, 2257, 2282, 3372
SB 568--Mclntosh County; alcoholic beverage sale on Sunday .._......................................__-...................692, 735, 824, 994, 1670
SB 569--Campaign and Financial Disclosure Act; redefine "candidate" .._....._.........--.--.......____.._....._._.._.__._....__..._..._..692, 1174, 1225
SB 570--Doctor; title used in business or advertising must designate the degree -.---.-.--...............692, 1050, 1111, 1187, 1191, 2303, 2315, 3372
SB 571--Felony Jury; change number of strikes in selecting, provisions on peremptory challenges _-_.-_-..._.____.................._.693
SB 572--Administrative Procedure Act; giving of notice prior to adoption of rules ..............______.....................__.__._._..__....693, 1052, 1111
SB 573--Realty Ownership by Nonresident Alien; restrictions ........_._,,_._._.693
SB 574--Mental Health and Mental Retardation Council; serve as Alcoholism Advisory Council ............. ..............693, 990, 1055, 1127, 1138, 2169, 2281, 2412, 2764, 3372
SB 575--Chatham County Sheriff; compensation ................... 693, 735, 824, 915, 3078, 3174, 3372
SB 576--Chatham County Sheriff, Chief Deputy and Jailer; compensation ..............._._.-._...._..._...__..........693, 735, 824, 915

INDEX

3391

SB 577--Bank Holding Companies; limitations on

acquisition of voting shares . .....,,_------_----.._._.................... .... 728 SB 578--Consumer Reporting Agency; provide consumer copy
of any report ___......._------,,_------......----.__...__...--728, 1050, 1111

SB 579--Corporations; change provisions relating to

notices and fees .... .. .----....----................. ----......--------------.728 SB 580--No-Fault Automobile Insurance; provisions for
decals and cancellation ......-- .._.------.................................728 SB 581--Alimony, Modification; legislative intent ----.....728, 1302, 1391, 1504,

SB 582--Chiropractors; qualification of

1512, 3068, 3372

applicants __..._----........729, 1387, 1482, 1579, 1602, 1622, 3067, 3372 SB 583--Chiropractor Practice; further define scope .._..__._............--............729 SB 584--Seminole County Superior Court Clerk;

compensation .----.-.----------.___.._...._._----.729, 817, 910, 993, 1214, 2211 SB 585--Seminole County Sheriff; compensation ............729, 817, 910, 993,

SB 586--Seminole County Board of Commissioners;

1214, 2211

compensation .....--------------._..__----....729, 817, 910, 993, 1214, 2211 SB 587--Sheriffs, Tax Commissioners, Court Clerks in Counties
and Cities; minimum salaries --------------.-............ ..__.----, 729

SB 588--Workmen's Compensation; political subdivisions establishing joint fund ....--........----..__.....729, 1052, 1111, 1187, 1192
SB 589--Lien for Ad Valorem Tax; apply to property of taxpayer liable for tax ----..... ........................... ...................806
SB 590--Hospital Medical Review Committee; provisions for immunity and use of records .__.___..........._..__.__........_ 807, 990, 1055, 1127,

1157, 1187, 1188

SB 591--Habeas Corpus Clerk; provide in certain judicial circuits --.--------.---- 807, 1053, 1112, 1187, 1192, 2410, 2458, 3372
SB 592--Handicapped Persons; provide for equal employment opportunity ---- ----...... ____...-- .._......... __...........----...........-- 807
SB 593--Handicapped and Elderly; provide curb cuts at crosswalks ..--_..--._---------------------_..........__.___.....807, 1479, 1566

SB 594--Unemployment Compensation Law; change certain

language, correct errors .--..--.------...... 807, 1052, 1112, 1187, 1196 SB 595--Hancock County Small Claims Court;
jurisdiction ..............--........---....900, 1051, 1115, 1180, 1620, 3371

SB 596--Driver's License Suspension; alcohol or drug treatment required certain cases, provisions for limited permits .-___.........-..------............................. 900, 1390, 1482, 1579, 1603

SB 597--Alcohol and Tobacco Tax Division of Revenue

Department; minimum pay grades ___----..------___------900

SB 598--Transportation Code; procedure for abandonment of public road by a county .........--..______------------------------..900

SB 599--Reorganization Act of 1972; assign Herty Foundation to Forestry Commission .._._..........--901, 1053, 1112, 1187,

1197, 2168, 3371 SB 600--Alpharetta; de-annex certain property belonging
to Fulton County .................... -------- 901, 1107, 1177, 1229, 3068, 3372

SB 601--Absentee Ballot; designate persons authorized to assist in preparing ..................------------985, 1174, 1225, 1308, 1318

SB 602--Municipal Election Code; absentee ballot, persons authorized to assist in preparing ........... 985, 1174, 1225, 1403, 1412

3392

INDEX

SB 603--Reorganization Act of 1972; functions of Forest

Research Council transferred to Forestry Commission ----------------.----------986, 1175, 1225, 1308, 1319,

2036, 2102, 3372 SB 604--Automobile License Plates; special tags issued to

military reserve members ---------986, 1067, 1173, 1225, 1403, 1414,

2552, 2948, 3372 SB 605--Scenic River System; designate certain sections of
rivers as part of -----------986, 1175, 1226, 1308, 1320, 2754, 3372 SB 606--Workmen's Compensation Insurance; applicability of
rates for casualty, surety, property and marine .-.986, 1173, 1226,

1403, 1414, 3067, 3372 SB 607--Hancock County Superior Court Clerk; employ
secretary .-.-..--.-------------------------1043, 1107, 1178, 1229

SB 608--Hancock County Tax Commissioner; employ

secretary ------.------_.._------.._------------.1043, 1107, 1178, 1229 SB 609--Fulton County Board of Education; salary of
members and president .------------1043, 1479, 1566, 1678, 3362, 3372 SB 610--Cobb County State Court; magistrates shall

be elected ----.--------------..1043, 1107, 1178, 1230, 1621, 1630, 3372 SB 611--Merit System of Personnel Administration;

appeals provisions _............--------__--_.--..._-------------------- .1101 SB 612--Peace Officer Trainees; reimbursement for
certain costs _.----------___,----_._--_...--._..___.----..........................1102

SB 613--Accident and Sickness Insurance; cover certain services of licensed psychologists ----------_.._._------------------1102

SB 614--Private Detective Act; exemption peace officers working for in-house agency ....__------_..----.,,----------------------1165

SB 615--Adequate Program for Education (APEG); requirements for certification as teacher,

principal --------------------1165, 1301, 1391, 1504, 1513, 3068, 3372

SB 616--Child Abuse; reports by physicians, provisions for immunity from liability -...--1165, 1387, 1483, 1579, 1605, 2754, 3372

SB 617--Fulton-DeKalb Counties; self-insurance for

judgments against officials ...--------------..1165, 1479, 1566, 1678

SB 618--Gwinnett County Recorder's Court; provisions as to marshal ------...-.-.............--...........1216, 1386, 1489, 1571, 2140, 3371

SB 619--Livestock Purchased at Auction; making and depositing payment .......................................1217, 1299, 1391, 1504,

1513, 2204, 3372 SB 620--Savings and Loan Association Act; provide ,,------....._,,----------1217

SB 621--Fulton County; elected office of Justice of Peace

abolished ---------- -- ......................----------_------- -------------- 1217

SB 622--Revenue Bond Law; change provisions relating to costs and validation ............ - -1217, 1385, 1483, 1579, 1606, 2552, 3371

SB 623--Spalding County State Court; change dates

of terms ,,.,,--

.-----------1217, 1386, 1489, 1572, 2140, 3371

SB 624--DeKalb County Education Board Members;

prohibited from holding certain elective office ....1217, 1480, 1566, 1679

SB 625--Employment of Minors; acting, recording or

modeling permitted, certain circumstances -------1218, 1388, 1483, 1579, 1609, 3329, 3331, 3372

SB 626--Insurance License; issuance to nonresident counselors ...--.._..1218

INDEX

3393

SB 627--Telfair County; referendum to decide election or appointment of school superintendent and education board .__.__..___._____.__-__.____.__.___._._________.____1289, 1386, 1489, 1572, 2257, 3371
SB 628--Employment of Minors; worker's certificate not required for those aged 16 or older ....--....1289, 1388, 1483, 1579, 1610
SB 629--School Buses; change speed limit on interstate highways ___.__________-_._____.__.___..-_.1290, 1390, 1483, 1579, 1610, 2597, 3372
SB 630--Arbitration of Medical Malpractice Claims; new Code Chapter _____.__._____._______.__._.________________.1290, 1388, 1483, 1579, 1611
SB 631--Bryan County Sheriff and Deputies; additional compensation _______.__________________________-________-__--__1290, 1386, 1489, 1572
SB 632--Fayette County Probate Court Judge; compensation _._...................__....1290, 1386, 1490, 1573, 2142, 2151, 3372
SB 633--Fayette County Tax Commissioner; compensation ______.._______._____.___________..___..1290, 1386, 1490, 1573, 2141, 3372
SB 634--Fayette County Sheriff; compensation ....._.._._..........1290, 1386, 1490, 1573, 2141, 3371
SB 635--Local Education Boards; receive State funds to offset local ad va lorem taxes .__..-..._.___...-___......-....._......_.__.1290, 1385, 1484, 1579, 1641
SB 636--Auto Insurance; security holder participate in settlement _........__........._.......__......_.._..-.-_-...-1291, 1385, 1484, 1579, 1612
SB 637--Plumbing Contractors; no city or county licensing required if certified by State Board --._----.----------_,,--____..--______1291
SB 638--Criminal Procedure; new Code chapter on discovery and inspection ................................_....._......_.......___....__1291, 1388, 1484
SB 639--Human Resources Department; adopt rules requiring physical exam for food service establishment employees .----..._..,,.____,,.___.__.,,_.___-_..___,,_1291, 1387, 1484, 1579, 1613
SB 640--Motor Vehicle Repair Act; provide __......-.-_.__.....-_....___......_......._...1291 SB 641--City of Oakwood; maximum amount of fine may be
imposed by recorder's court -..._....--....._.......___.............1373 f 1562, 1675 SB 642--Development Authorities Law; mechanism to
stimulate economic growth ......_....-........._......._...._......._.._..._......__...1468 SB 643--City of Rockmart; change election
provisions ____.........._......___.....__.........._.1549, 1670, 1774, 2071, 3363, 3372 SB 644--Metropolitan River Protection Act; redefine certain terms -----1549 SB 645--City of Greensboro; new charter and provide for
corporate boundaries _._.............1669, 1771, 2055, 2227, 2267, 2780, 3372 SB 646--City of Union Point; new charter and provide for
corporate boundaries ................1669, 1771, 2055, 2228, 2267, 2781, 3372 SB 647--DeKalb County Board of Education; compensation
of members ....._-........._._.........1769, 2215, 2223, 2439, 3137, 3167, 3372 SB 648--DeKalb County School Board Districts; change provisions
relative to ___.____.._._._______..__-__.___1769, 2216, 2223, 2434, 3137, 3183, 3372 SB 649--DeKalb County Officers and Officials; redefine gross salary ......2040

3394

INDEX

SENATE RESOLUTIONS

SR

6--Equal Rights Amendment to U. S. Constitution;

ratify ......._.----...,,.---_-_....--.._____.--_._...__._....._. No action in 1978

SR 8--Equal Rights Amendment to U. S. Constitution;

ratify _......-._..^._--_.________.____.____._...__....._.__.._...__._ No action in 1978 SR 11--Initiative Petition; people propose Constitutional
Amendments --....._______-________,,_____________________________.__..______ No action in 1978

SR 12--Suits Against Non-Residents; county tried in ...... No action in 1978 SR 18--"Peanut State"; designating State of Georgia -No action in 1978

SR 21--Mclntosh County; State prohibited from purchasing property without written approval -,,___...-_-_....--_ No action in 1978
SR 23--Elected State Officials; procedure for recall ...... No action in 1978

SR 26--Heritage Trust Commission; taxpayers contribute $1.00 each year ......................................... No action in 1978
SR 31--Criminal Cases; proceeds from additional fines used for training law enforcement and prosecuting

officials .--___.---._..._.____.____-_____..___._..._. 178, 3371 SR 40--John C. Barrow Memorial Bridge; designate . ..,, No action in 1978 SR 49--Senate Committee to Honor President Jimmy Carter;
establish .__......._.-.........._..__......._........_................._.........___........._1054, 1187 SR 50--Superior Court Judges; terms of six years ....._-.-...._..........._-_.......__..368

SR 66--Real Property; General Assembly authority to tax according to use __--...__..._.--.____---___-_-..-.__-..--._.,,_.-...__ No action in 1978
SR 68--Tax Revision Study Commission; create ....___...,,.,, No action in 1978

SR 72--Former Governor William J. Northen; relative to portrait .._..._.__........__........_........ 10-54, 1112, 1187, 1198, 3069, 3372
SR 75--Fulton County Homestead Exemption; change income

qualifications ---__---.---__-.---..---..--_-------_--..._._--.. No action in 1978 SR 76--Ad Valorem Tax; exemption for property of
historical value _........__......._......__........_........._..............._. 183, 216, 376, 394

SR 79--Public Authorities Study Committee; create ....._. No action in 1978

SR 81--Senate Human Resources Standing Committee; urged to study licensing of health spas _...-___--.--.,,-..._,,.....,,,,......,,......._...- 990

SR 85--Public Service Commission; membership and election --_..--.----_._--.._--.--,,---.---.----..--.----. No action in 1978

SR 94--Cost of Care Study Committee; create ...._._.....___.... No action in 1978

SR 95--General Assembly; two-thirds vote required for passage of revenue raising legislation .....__._...361, 367, 410, 622, 671, 679, 687, 708, 722
SR 101--Conflict of Interest Under Senate Rule 180; urge guidelines for application ,,__.____-.__--__-.-___--..--_...--__.No action in 1978

SR 102.--Young Adult Involvement Study Committee Report; distribution ____,,..__,,---_----.-__--.-_---.._--.--,,---_--~--_--.No action in 1978

SR 107--General Assembly; provide for joint introduction of legislation in Senate or House .__.-...._-.-...._..-.._--.....--.......--..--. 30, 36

SR 108--State Wild Flower; designate azalea ....__.....__.....__....No action in 1978

SR 117--National Alliance of Businessmen; endorsing jobs and education programs -._..-..,,-...----_...------------ No action in 1978

SR 118--Property Transfer; easement in Chatham County to Southern Natural Gas Company .._._....__......._....,,._ No action in 1978
SR 120--Sales Tax; General Assembly expand to cover other services _..____--.--.--.----,,--------_----~--------_--. No action in 1978

INDEX

3395

SR 121--Lease Between State and Omni International, Inc.; delete portion -,,--------------------------668, 703, 743, 783, 2346, 3372
SR 124--Franchise Practices Commission; Governor appoint new one .------------.----------.-------------------------- No action in 1978
SR 125--Property Transfer; conveyance of property from Emanuel County to Swainsboro ...... 668, 703, 743, 784, 3069, 3372
SR 130--Housing Improvement Districts; tax exemptions granted by cities, certain cases ........ 30, 36, 734, 831, 918, 919
SR 138--Properties Commission; boundary line settlement agreement, Dillard, Ga. --------------_._____----_--------_------------668
SR 139--Committee to Study Correctional Industries; create ----------------.----_----_--------_----------__------.._. No action in 1978
SR 146--Georgia Southern College; grant Doctor of Education degrees ----_------_--------....,,__----..........No action in 1978
SR 147--Magazine and Newspaper Editorials; name of authors required .._..--,,-_...--.......... ._.,,.-........,,..,,.....,, No action in 1978
SR 149--Taft-Hartley Act; requesting Congress continue certain provisions ----_--------.----------------------,, No action in 1978
SR 155--Mrs. Alice McLellan Birney; relative to childhood home ----------------------------------.------.------------_ No action in 1978
SR 156--Committee to Study Diabetes; create ............... 736, 1187, 1204, 1216, 1236, 1307
SR 217--State Constitution; revise Article X relating to retirement systems and educational scholarships ........... 58, 736, 821, 919, 996, 1000, 1859, 2113, 3076, 3372
SR 218--Fair Market Value; lesser of the value after 65 ............58, 361, 1300, 1391, 1504, 1514
SR 219--Properties Commission; selling surplus property in Chattanooga ._........_._.------______.,,--------_................... _......,,....^. 23, 668
SR 220--Nonprofit Bingo Games; General Assembly regulate ...... ........................................ 59, 1387, 1484, 1579, 1614
SR 221--General Assembly; prohibit introduction of certain bills in even-numbered years ------------------~~------_...__--------------..59
SR 222--Senate Rules, Adopt; subcommittees of Governmental Operations Committee authorized --.,,...--....................,,.______.._.......22
SR 223--Notifying House that Senate has convened _--------_------_----.22, 52
SR 224--Senate Officials, Employees; amend SR 3 relating to Doorkeepers, Information Office and Research Office ... 23, 78, 80
SR 225--Senate Rules; amend relating to fiscal notes on amendments .......--------_--.--------------------------------.24, 78, 80
SR 226--Mrs. Charlotte Moran; regrets at passing _--------_----.--.------..60, 123
SR 227--Honorable W. Herschel Lovett; commend ....._..... ......... _......-......27
SR 228--Gifts to Official Visitors to State; requirements and procedures ..---_.--.--------------------------.------------.--. 59, 368
SR 229--Honorable James F. Martin; commend _._______........_----,,.------_60
SR 230--Homestead Exemption; certain amount certain disabled persons --------_--------_------------------------...... ................ 59, 361
SR 231--Homestead Exemption; provisions for 62 year olds ...... .........................................59, 361
SR 232--Senate Rules; amend Rule 190 relating to subcommittees of Governmental Operations Committee ____59, 87, 115
SR 233--Special Elections; requirements for write-in candidates ----------__------76, 213, 371, 413, 621, 623; 2410, 2570, 3372

3396

INDEX

SR 234--Governor's Vetoes; change procedures for overriding

by General Assembly _______-______76, 106, 128, 186, 197,

3281, 3286, 3372

SR 235--Honorable W. Herschel Lovett; commend __._.______..___.________________...60, 123

SR 236--Ms. Judy Topping; commend ----------._------.... .----------------------61

SR 237--Boundary Line Settlement Agreements; property

in Dillard --------------------------._ 76, 668, 703, 743, 785, 2409, 3371

SR 238--Statutes, Amendments to Constitution; people have

power to enact, reject ------------------77, 213, 371, 413, 621, 625, 659,

671, 708, 743, 744

SR 239--Clarke County Sheriff; powers and duties -.77, 86, 109, 444, 727, 3371

SR 240--Honorable Thomas D. Moreland; commend ___------____,,------___.__......__-79

SR 241--Honorable Nicholas P. Chilivis; commend ...----_..__--...----..-------- 79

SR 242--Panama; urge U.S. Senate to reject new treaty --------.--77, 619, 683

SR 243--Transportation Department; designate portion

of 1-185 as George D. Busbee Highway ._--._.----.._----------_--------77

SR 244--East Rome High School; commend football team _____------_.._..._..79

SR 245--Pardons and Paroles Board; prohibited from

considering certain convicted persons until mandatory

sentence served __----__--------------__---------------------------- 84, 1175

SR 246--Employment Agency Advisory Council; change

scheduled termination _..__----._.__.__ 84, 818, 910, 1064, 1084, 2035, 3371

SR 247--Building Administrative Board; change scheduled

termination date ______... 84, 354, 818, 910, 1064, 1085, 3363, 3372

SR 248--Chatham-Effingham Electric Utility Authority;

create ------------.------_--_.------.-

85, 183, 216, 445

SR 249--Herbert L. Strickland; regrets at passing .-- ..... .... ... 88

SR 250--Honorable Fred B. Hand, Sr.; regrets at passing ----------.....--... 89

SR 251--Honorable G. Everett Millican; commend ------------------------115

SR 252--Amilee C. Graves Conference Center; designated

at Unicoi State Park .------... 104, 618, 669, 708, 720, 3139, 3191, 3371

SR 253--Joint Committee for Review of Administrative Rules;

create _--------__----------_--------104, 700, 739, 831. 918, 978, 996, 997

SR 254--Transportation Department; erect marker near 1-75

designating Perry as Home of Georgia Jaycees _._--__.----.----._--...105

SR 255--Baldwin County; conveyance of certain real

property ._----------.--------,,.. 105, 368, 410, 622, 671, 683, 830, 837

SR 256--Expenditures of State and Local Governments;

certain limitations ..-- ----..-- ----------------------------- 105, 361

SR 257--Board of Registration for Professional Soil

Classifiers; termination date ... 124, 212, 371, 413, 621, 630, 1766, 3371

SR 258--Nineteenth Annual Mayor's Day in Georgia; commend officials -- 131

SR 259--Chatham County; easement to GAF Corporation

through Savannah River .------ 124, 368, 410, 622, 671, 685, 1041, 3372

SR 260--Mrs. Gertrude L. Green; commend ----------------------------------120

SR 261--State Education Board; urged to encourage field trips by local units to correctional institutions ------... 124, 735, 822, 996, 1022
SR 262--Farmers; relative to granting 100% parity _----------._ 181, 212, 218

SR 263--Presidential Route; portion of highway system designated -_----_.---------- 181, 992, 1055, 1127, 1140, 3137, 3147, 3371

SR 264--Honorable Hubert H. Humphrey; regrets at passing .------------.131

SR 265--Mrs. Mamie Kennedy Taylor; recognize and commend ----------.167

SR 266--Farmer; urge Congress to take steps to assure parity --182, 212, 218

INDEX

3397

SR 267--Auctioneers Commission; change scheduled

termination date .._.___.......__._. 208, 407, 619, 671, 708, 713, 2042, 3371 SR 268--Teachers' Retirement System; create committee

to study and investigate ____....-----_.__.________.____...._.__ 208, 1390, 3351 SR 269--Stop and Read Day; designate March 4, 1978 _......._._.__. 208, 735, 822,

1064, 1085 SR 270--School System Employees, County or Independent;
computation of sick leave and salary supplements ...--...___ __.._...__.___.208 SR 271--School System Employees, County or Independent;
payroll deductions _._.___._____..._-----___,,__.____.________,,________.__._ _____.___.________365 SR 272--Senator Howard Overby; wish speedy recovery .__.._.--......--__..__... 219 SR 273--Georgia Farmers; commend ._--_,,-_._.___._......______________... 209, 407, 412 SR 274--Prisoner Working on Federal Lands; urge Congress to allow _______ 365 SR 275--John Gordon Mauldin; commend -------..__,,_...______..____...._____ 376 SR 276--Clarke Central High Football Team; commend ________.__._._.__.. ___383

SR 277--Commerce High School "Tigers"; commend ....__--___......................376 SR 278--Tug McGraw and His Bicycle Caravan; commend ___.___________________.___.412 SR 279--Fulton County Board of Education Employee and

Teacher Retirement; increase certain ones ____.___405, 1054, 1112, 1187,

1199, 2213, 3371 SR 280--Public Service Commission; election of members,
change provisions __...__.___..______-__-____________________.____________.___._______________________.405

SR 281--Alton Carter; regrets at passing ._....__._..____________._.._______._-__.._.____________412 SR 282--Sandra Gibson; appreciation to ___.._.___.___._...__-__..,,.___..___.... ______.___.412 SR 283--Committee to Study Services for the Aged;

create ....-,,_______.___-_.__...._...__..___.-._____ 613, 736, 822, 1064, 1086, 2352, 3371 SR 284--Public Safety Department Publications; include
information on littering ._...._--__._____._____.___.__.. 613, 701, 740, 831, 918, 923

SR 285--Robert E. Perry; regrets at passing _______________________ _____________________ ___621 SR 286--Utility Rate Increase; prohibit Public Service
Commission including construction work ________----_ ___ _._______________.613 SR 287--Electric and Gas Utility Company; prohibit increase

unless Public Service Commission approval .___.__---___-___.___.___._______.__..614 SR 288--Public Service Commission; regulated sales and
charges by utilities exempt from sales tax _.__.__.__.._...___._ ________614 SR 289--State Income Tax; provide for periodic cost-of-living
adjustment of personal exemptions ........... 614, 1106, 1176, 1236, 1403,

1417, 3036, 3125, 3202, 3203, 3258, 3339, 3345 SR 290--Troubled Children; interagency task force create plan
for developing services ....... 664, 990, 1055, 1236, 1403, 1421, 2409, 3371

SR 291--Extraordinary Session of General Assembly; provide for each ten years to repeal existing laws _ _ ___.____.______..___.__.__..664

SR 292--Joint Stop Drugs at the Source Study Committee;

create

. -- 664, 1054, 1112, 1187, 1200, 3069, 3372

SR 293--Wilkinson County Justices of Peace; increase civil jurisdiction ____.___.___________.______..._.__...._.___..__._____.__,,__ 664, 735, 824, 1026

SR 294--Crime of Robbery; provide penalty ___.___________.___.--___-___-_______________.___.664

SR 295--Georgia Army National Guard; commend ._._____--____--.........621, 3370

SR 296--Oil and Natural Gas Revenue Sharing; relative to

Outer Continental Shelf

. ..

. 665, 1053, 1187

SR 297--Committee to Study Recodification of School Law;

create __.....................................---__ 665, 735, 822, 996, 1021, 3069, 3372

SR 298--Coordinating Committee for Exceptional Individuals; a charge to _____..___ ___...._---665, 735, 822, 996, 1023, 3069, 3372

3398

INDEX

SR 299--Coach Virgil "Bud" Willis; commend ............___...._......_..........._._.......670

SR 300--Robert L. Simms; commend ..........----.__-_,,._...._---_.__._._.__.___.___._...________671 SR 301--Airport Construction in Different County; approval
by county in which located ----------.----.--_----.--_.,,..._.,,..--.665, 1053 SR 302--Paulding County Airport Establishment; approval

of majority of voters .._.._.___._..____._-.__..__.___._____..__.__......__...__.__.____.665, 1053 SR 303--T. Z. Stroud; commend __,,_,,_.._--._--_-__._______.______...._.._.._....._.__.__._._._..__.671
SR 304--Mclntosh County; relative to State condemning, purchasing property ......,,_._,,....__..._....-......--.-- .----.._..................... 694
SR 305--Honorable Bruce D. Dubberly; regrets at passing ......_..__..........._.707 SR 306--Ray Hendrix; commend ._........_...--.--......_,,..__...__.._...._.__.............._.._......707

SR 307--Georgia Tax Reform Commission; create ....730, 989, 1056, 1127, 1143, 3066, 3176, 3371

SR 308--John Paul Johns Bridge; designated in Stephens County ........_............._.......__.__..__._.......730, 992, 1056, 1127, 1146

SR 309--Mrs. Marion Faircloth Baker; commend ..---..............._..__._.......742 SR 310--Judge Anthony A. Alaimo; urging reprimand _.-_______._--_--_.__..._.___722 SR 311--Fulton County Homestead Exemption; $10,000
certain 65 year olds -_-..........-_.-.._-.......730, 817, 911, 1027, 3363, 3372 SR 312--Veterans Preference Curtailment in Federal Civil Service;

urge Congress to defeat ------..-- .,,-_---............---,,________-,,..--.....-.-.__.730

SR 313--Macon Fireman and Police Pension; repeal increase

to widows _____.._._.__-__--._.._...__.-730, 1054, 1112, 1187, 1201, 2212, 3371 SR 314--Capitol Security Force; commend .............. _--.........-......-743 SR 315--Cost of Care Study Committee; create ....... 807, 1301, 1392, 1504, 1520

SR 316--International Boulevard and Spring Street Property;

easement -.._...-.

808, 1053, 1113, 1187, 1203, 1766, 3371

SR 317--Georgia Supporters for the Gifted; commend .........__.._._._-......._.__.828

SR 318--Agricultural Program Proposed by Senator Talmadge; urge implementation .__.._...............__.__............._...._..........901, 1299, 1307

SR 319--Coach Dewey Alverson and Southwest DeKalb High Football Team ......___...._........_...................__.._..._..............._..._.....995

SR 320--Major Willis S. Fellows; commend ......__.._.__...................._..__..........._.1063

SR 321--Cecil Scarborough; regrets at passing ............_._.._.._............._.............918

SR 322--Ms. Norma Jean Gay; commend .._.__..........._.__...._............._.__...........-.....995

SR 323--DeKalb County; General Assembly provide by law

for form of government ........... 986, 1671, 1774, 2182, 3078, 3142, 3372

SR 324--Motor Vehicle Certificate of Title Study Committee; create ......._............__-.....-.........__....._..-._..._-..........._.-.-.__..............1043, 1303

SR 325--Monty Holland; commend .....__._...-..._..._.._..........._....__.__......................995

SR 326--DeKalb County Homestead Exemption;

increase -.....-.-.-._-........-.-__..__.1043, 1107, 1178, 1353, 2597, 2761, 3001, 3009, 3055, 3168, 3366, 3372

SR 327--State Education Board; change size and terms of members ........1044

SR 328--Savannah Beach; easement across Savannah River for construction of tee dock _............._........ 1044, 1303, 1392, 1504, 1521

SR 329--State-owned Property (9th Street Property) ; sale and conveyance by State _____..................__.1044, 1175, 1226, 1403, 1422, 2346, 3372
SR 330--Chief Warrant Officer William H. Branan, Jr.; regrets at passing .__-.......-..-_-----..._..._..-----.-.-..-...-----.... ..1011

SR 331--Mrs. Reba Potate; commend .._.__.....--.......,,.__..--............._._-.-........_.1063

SR 332--Phil Niekro; commend ........................_..............._.-_..............._^_-.

INDEX

3399

SR 333--Property Taken or Damaged for Public Transportation Purposes; compensation _._._.____________._____.___.___.1102, 1303, 1392, 1505,
1524, 2212, 3371 SR 334--Distressed Marriages and Families; urge publicity
of counseling availability _________________..__.._________________1102, 1301, 1307 SR 335--State-Owned llth Street Property; sale and
conveyance ___._._._.____.._.____________1165, 1389, 1484, 1579, 1624, 2346, 3372 SR 336--Special Commission to Incorporate Amendments into
Constitution; authorize ._,,______ 1165, 1389, 1485, 1579, 1625, 2409, 3371 SR 337--Educational Television Network; authorized to televise
Tech-Georgia Football game ._____.______.__________________________._._______1166 SR 338--Harry L. Davis; commend _______.___.___..._______.__...__________________._______1186 SR 339--Young Singers at Callanwolde; commend --_--_----_--____._--_______1235 SR 340--National Highway Traffic Safety Association;
relative to fuel economy standards for 1980-81 ________ 1218, 1390, 3119 SR 341--Commission to Study Tax and Spending Limitations;
create __.___-___-______-.._._____..___________.____1218, 1385, 1485, 1580, 1627 SR 342--Miss Mary "Lyn" Sawyer; commend __.__.__________._________._____1238 SR 343--Albert Parker; commend ...___________..-._-___...._-_--.__..__--________--____._1235 SR 344--Government Areas not Regulated; need for study
commission to seek and identify _--_--__--_--__---_.--_----____----_1292 SR 345--Dangerous Drues; penalties for unlawful distribution,
sales or possession of heroin _________________________________________________________1292 SR 346--Honorable John Richard Irwin, III; regrets at passing ______________ 1306 SR 347--Chatham County Homestead Exemption; 65 year olds
or disabled .._._________________.______._1292, 1671, 1775, 2184, 3071, 3372 SR 348--Savannah-Chatham County; homestead exemption _________.1292, 1386,
1490, 1642 SR 349--Television Production Facilities Study
Committee; create _____________________________.________._1292) 1388, 3351 SR 350--DeKalb County Police Department; commend
certain personnel __.___-,,____________.______________-_,,,,_,,______________________________1306 SR 351--Fulton County Property Assessment; by Board
of Assessors ____._._.___________._____.1292, 1671, 1775, 2186, 3078, 3135, 3372 SR 352--Displaced Homemakers; expressing concern for needs _____-__--..1293 SR 353--Natural Resources Department; designate golf
course in Ocmulgee State Park as Wallace Adams Golf Course ________________ 1293, 1389, 1485, 1580, 1629, 3001, 3028, 3372 SR 354--Committee to Study Juvenile Institutions; create _-1293, 1389, 3352 SR 355--Jack Knox Acree; commend ___..._._._______.-_-_________-_-_.______1306, 1549 SR 356--Spalding County; enact ordinances on traffic-garbage regulations ____._.._________-____._____.._._-1374, 1563, 1675, 2020, 2597, 3371 SR 357--Commercial and Industrial Property Ad Valorem Tax Revenue; sharing portion _____------__--____------.--------------.--1374 SR 358--Solar Month; requesting Governor to proclaim May, 1978 _________.__.___________.______._._____-_______-_____1374, 1564, 2245, 3370 SR 359--City of Lithonia; homestead exemption certain residents ._____._.__.___________._._1468, 1671, 1775, 2189, 3363, 3372 SR 360--Mindbender Month; urge Governor designate April, 1978 __________.__..._..__-___..__..._.___-___.._-_______.____-_-1469, 2217, 2299 SR 361--Urban Life Associates; commend _________-____.-_-____.__--___.______--_______1503
SR 362--Legislative Overview Study Committee; create __.____._.________________.___,__-_-__________________-__________._-1469, 2618, 3353
SR 363--Colonel Benjamin H. Purcell; commend ._.._-..__________.____-.___-.______1503
SR 364--Mrs. Diane Dieterle; commend ______,,__________--___.______-_----_1503

3400

INDEX

SR 365--City of Rockmart; homestead exemption, certain residents --------_------.------------1549, 1671, 1775, 2192
SR 366--State Wild Flower; urge Governor to designate azalea -----___---------.------..-- --..__.-------- .1550, 2046, 2079
SR 367--Committee to Study Alien Ownership of Property; create ----...-.-----.-_-_..---.___.._.---.._------.----------1670, 2217, 3354
SR 368--Adjournment; relative to, March 3 to March 6 ---- 1640, 1657, 2614 SR 369--Dr. Edmund Clyde Martin; commend __.--.-- . -------------1787 SR 370--Louis Carl Harris; appreciation to and commend ---------- -- 2135 SR 371--Bishop Harold I. Bearden; commend ---------- ------.------------1787 SR 372--DeKalb County Education Board; provide for nonpartisan
election of certain members ....1769, 2216, 2226, 2513, 3281, 3282, 3372 SR 373--Hollis Stacy; commend --.-.-.----..._...--._...-.--------------1787 SR 374--Mr. and Mrs. Thomas J. Browning; congratulating __-.________._...-.2079 SR 375--Water Resources Planning Program; relative to -2040, 3079, 3119 SR 376--Replaced by SR 415. SR 377--Honorable Paul C. Broun; recognizing .-------_------------------ 2001 SR 378--Mrs. Augusta R. Mann; commend -------------------------------- 2079 SR 379--Misty Stieglitz; commend __---_-------..---.--------_----------2079 SR 380--William Henry Williams; commend ------------------------_-------- 2079 SR 381--Tom and Lee Arrendale; commend --------------_------._............_._.. 2245 SR 382--Robert D. Winrich, Stadium Hotel; commend ----------------------2245 SR 383--Educational Television Network and Bill Johnston;
express appreciation to ----_______-.------.--..--------------_____..__..2445 SR 384--Bill Lowery; commend .._.................._........_..--.__----------------.----2445 SR 385--Boudleaux and Felice Bryant; commend -------------..--------.2445 SR 386--Jerry Reed; commend ------.----------------............................ 2445 SR 387--Southeastern Cooperative Wildlife Disease Study;
funds in support of ..._.._,,,,--...______..----------------2414, 2618, 3120 SR 388--Intern Program; appreciation to ..........--------___._____--......----------2445 SR 389--Committee to Study Retention and Selection of
Federal Judges; create .--_.--------_----------------.._ 2415, 2617 SR 390--Gaye Bell; congratulate and commend ----....___----...._......----2512 SR 391--Ray Stevens; commend ---------.--______----------------------2754 SR 392--Roy Drusky; commend --------___----_------------.----------------...-2754 SR 393--Pete Drake; commend ----------------------------------------2754 SR 394--Georgians on a Litter Solution, (GOALS) ; commend ------------2754 SR 395--Motor Vehicle Inspections; requesting Public Safety
Department to conduct study .....------------ . 2615, 3079, 3120 SR 396--John Henry McRae; congratulate as Teacher of the Year --------.2754 SR 397--LaWanda Lindsey; commend --------------------------___.----.-- 2755 SR 398--The Platters and Buck Ram; commend ------------,,--.--------.... 2755 SR 399--Health and Medical Education Study Committee; create ------.2615 SR 400--Telephone Center Ladies; express appreciation to --_..--------..2755 SR 401--Dr. Joe Snitzer; commend ____________________--------.----------.-3118 SR 402--Mrs. Sara Lance; commend ____.------___------...--------------.-- 3118 SR 403--Freddy Weller; commend _----------------------------__.__........_.....3119
SR 404--Nicholas S. Kenny, Jr.; commend --.......-_---------------------- 3119
SR 405--Honorable Joe Edwards; commend ----------.--------------------..3119
SR 406--Pinkie Masters; regrets at passing -_----_------------__------------.....3119
SR 407--Romeo Diprima; commend ------------------------_--------------...-3119
SR 408--Honorable Bill Scott; commend ------__.----..-------------------3119
SR 409--Waycross Bulldogs, State Class AAA Football Champions; commend ------____.--__.,,_.._____._________,,--____..---.-3119

INDEX

3401

SR 410--Railroad Safety Inspection Program; urge adoption ------....----.3119 SR 411--Senator Sam W. Doss; commend --------------.-- ----------------3360 SR 412--Tallapoosa Jaycees; commend ------,__--------------------------3165 SR 413--Replaced by SR 427. SR 414--Music Recording Industry Study Committee; create ----.3355, 3357 SR 415--Social Security System; urge Retirement System Board
to file notice of withdrawal for State employees .------------------3359 SR 416--Morrow High Mustangs Girls' Basketball Team; commend .----.3360 SR 417--Forest Park High Panthers Boys' Basketball Team; commend --.3360 SR 418--Honorable Jack McWhorter (Mac) Barber; commend --.----....3360 SR 419--Grady M. Robinson; regrets at passing ----------------.------.3360 SR 420--South Cobb Boys' Club; commend organizational
committee .................---..__....__...._.......--------------------...-- 3360 SR 421--Forest Park Senior High Panthers Soccer Team; commend ----3360 SR 422--Ronnie Milsap; commend ------------------------------------------3361 SR 423--Buddy Buie; commend _..._.------------------------------.........3361 SR 424--Dr. J. Emmett Henderson; appreciation to --------------------3361 SR 425--Dr. Leila D. Denmark; commend .----------------..............3361 SR 426--Adjournment; relative to, sine die --.----------------.3361, 3370, 3372 SR 427--Energy Materials' Requirements, Consumption
and Financing Study Committee; create --------------------------3356

3402

INDEX

PART II

HOUSE BILLS AND RESOLUTIONS

HB 3--Public Revenue Code; new Code Chapter 92 .............

201, 209, 1478, 1566, 1682, 1684

HB 17--Speculating in Wild Lands; repeal certain Code Section ........... 30, 37 HB 22--Teachers' Retirement System; credit for

accumulated sick and professional leave .,,_--_------_--__________------.618 HB 25--Campaign and Financial Disclosure Act;
change certain report filing requirements _________________ No action in 1978

HB 43--Fulton County Board of Tax Assessors; create ..... No action in 1978 HB 65--Municipal Cemetery; change provisions

relating to sale of lots

...,,-.........._. 818, 911, 1403, 1423

HB 66--Divorce; subsequent cohabitation relating to alimony ___--__--__________.78

HB 90--Public Buildings; accessible to handicapped ------------------_...-__24

HB 100--Armed Forces Members Missing in Action; determination of date of death relating to income tax _.......__.-_..___....-......,,___._____. 30, 37, 361
HB 103--Income Tax Act; redefine corporation ___________________________________________.30, 37 HB 112--Education; regulate certain colleges and
universities, minimum standards __..--.________408, 619, 671, 708, 714, 1545 HB 113--Georgia Justice Courts Training
Council; enact _--_----.__.._._.,,__________.__----688, 694, 1302, 1392, 1682, 1685

HB 121--State Auditor; provide for public

inspection of annual report _..._...__._._.

30, 37, 700, 743, 786

HB 122--Labor Commissioner; annual report as

to legislation needed _.-__-_--___--__----_------------..___._.--....-30, 37, 78, 89

HB 123--Jury Duty; delete exemption for persons

65 years old

........ 30, 37, 700, 744, 787

HB 124--Uniform Commercial Code; new Article 9

relating to secured transactions ...._._.........................30, 38, 700, 744, 788

HB 129--Divorce; consent of both parties for total divorce ___________________.30, 38

HB 132--Probate Courts; clerk of the judge exercise jurisdiction in certain cases ........399, 406, 700, 740, 831, 918, 924, 1289
HB 138--Court Minutes; repeal Code on reading and signing _______________________----............SO, 38, 736, 831, 918, 926
HB 140--Alcoholic Beverage Sales on Sunday,

Election Day; violations tried in

certain municipal courts ___--_

................ No action in 1978

HB 141--Beer, Wine Sale Without License; tried in certain courts ______________________----_--,,.______----No action in 1978
HB 162--Superior Courts; concurrent jurisdiction in

enforcement of child support and divorce judgments .....__._._.._..... 30, 38
HB 163--Jurors; first offenders on probation for moral turpitude crimes ineligible to serve ...... ._................_-.30, 38

HB 172--Juvenile Court Judge Pro Tempore; judge from adjacent county authorized to serve -._....,,...___._.------------------ 30, 38

HB 188--Traffic Case; provide for uniform practice .......

1543, 1550

HB 199--Fulton County Board of Elections; requirements certain members ._......._..------...,,._..---- No action in 1978

HB 204--Motor Vehicle Registration; provide for issuance of duplicates ____________________-...._...______.30, 39, 369, 413, 621, 631

HB 214--Teachers' Retirement System; death benefits _________.No action in 1978

INDEX

3403

HB 223--Rolling Stock Railroads; remove marking and recording requirements on sales contracts --.----__.._._.----30, 39
HB 226--Criminal Code; define solicitation and provide punishment .............--------724, 731, 1053, 1113, 1188, 1203
HB 229--Planning and Programming Bureau; per diem for certain members .------_..--..--- 30, 39, 2044, 2446, 2448
HB 230--Atlanta Police Department; pension benefits ......................1621, 1657 HB 231--Atlanta Police Department; additional
pension benefits .................__.__._.._._..........................._...__..._.........2136, 2205 HB 240--Recreational Vehicle, Marine Equipment
Franchise Practices Act; enact ...........__.................................30, 39, 1052 HB 246--Reorganization Act of 1972; Board of Regents
exempt from certain provisions ___.....____---.--,,.___.___ 818, 911, 1403, 1424 HB 247--Prisoners; reimbursement to county for
cost of jailing certain ones ___.___.._..__._... 688, 694, 991, 1056, 1127, 1147 HB 256--Criminal Justice Act; appropriation
of State Funds ........................................ 896, 901, 2046, 2060, 2446, 2448, 2558, 2755, 2782
HB 262--State Officials; compensation, expenses __..___.28, 90, 166, 167, 204, 354 HB 264--Controlled Substances Act; add certain
drug to list of Schedule I __..__....______.__.......................................30, 39, 1387 HB 265--Motor Vehicle Certificate of Title Act; bonds ..........No action in 1978 HB 277--Atlanta Council Members and Mayor;
qualifications ............___..__..___.._......_..___........ 2551, 2569, 2616, 2618, 3110 HB 279--Discrimination in Housing; prohibit ..................... 24, 2419, 3140, 3190 HB 304--District Attorney Emeritus Retirement Fund;
survivor's benefits _______________________________ 399, 406, 2047, 2060, 2446, 2449, 2500, 2755, 2764, 3139, 3338
HB 308--Teachers' Retirement System; retirement allowances ........1315, 1334 HB 329--Augusta Pension Fund; change custodian fund ____._. No action in 1978 HB 330--Sheriffs' Retirement Fund; death
benefits of active member ..._..___________._._ 803, 808, 2047, 2060, 2246, 2248 HB 341--Adequate Program for Education in Georgia
(APEG) ; professional business officials _,,------------.------....--.--.735 HB 352--Grand Jurors; provide for two alternates ..............31, 39, 87, 110, 117 HB 362--G.B.I. Members; retain service revolver
and badge upon retirement .,,......_..............................._.No action in 1978
HB 364--Fulton County Board of Commissioners; change composition .......-.--.-----..-....---.-----...-.----.--------..---.---..-...--1712, 1757
HB 367--Houses of Prostitution; public nuisances __..___.__...__.._____...__..._.....897, 901
HB 368--Georgia Fiscal Note Act; amend to exempt certain local bills ----.-689, 694, 1384, 1485, 1683, 1686, 2041
HB 379--Atlanta Firemen; change amount of pension payment ----.2136, 2205
HB 397--Superior Court Judges' Retirement; repeal mandatory retirement at age 70 --------------------1543, 1550
HB 412--Waycross Judicial Circuit District Attorney; compensation ----------------....-----------.......No action in 1978
HB 427--Fulton County; employees retirement at 55 without penalty .........................._.___._...............-1107, 1178, 1230, 1545
HB 428--Aggravated Assault; additional penalties ..............--No action in 1978
HB 449--Baldwin County Board of Commissioners; compensation _________._......_.........._...................._.....--...................817, 911, 994
HB 452--Deaf and Blind Sign Language Interpreters; certain administrative proceedings ___------_------___31, 40, 1108

3404

INDEX

HB 458--Civil Defense Act; marine rescue squadron, licensing requirements ----_------...--------------------.live, 3140, 3226
HB 480--Criminal Cases; judge, clerk, bailiff administer oath to jurors --.------------------------------ 81, 85, 668, 703, 744, 789
HB 507--Cigar and Cigarette Tax; provide refunds or credits ------31, 40, 361 HB 512--Motor Vehicle Operation; prohibit
while wearing certain devices --.... -------------- 31, 40, 107, 131, 138 HB 522--Advancements, Distribution and Year's Support;
redesignation of certain Code Sections .___ --------__---------- 31, 40 HB 524--Recording Instruments Affecting Land
Title; filing and recording ------.----------------------No action in 1978 HB 536--Sales Tax; certain sales IDy religious
institutions exempt -------- 31, 40, 361, 408, 622, 671, 708, 764, 798, 831, 918, 935, 1478, 1580, 1635, 3075, 3143
HB 537--Education Authority (University) Act; inspection of certain projects relating to agriculture ...----....... 201, 209, 816, 911
HB 543--Distress Warrants; mobile homes included in property subject to ......... .... 2045, 2063, 3140, 3219, 3368
HB 546--Construction of Buildings; water closets and shower heads, limit water usage ....... 1108, 1176, 1308, 1342, 1468
HB 548--Public Utilities; all returns made available for public inspection . ........ 201, 209, 989, 1056, 1127, 1148
HB 549--Public Utilities; Revenue Commissioner report to tax assessor on return __......__. 201, 209, 989, 1056, 1127, 1149
HB 558--Fulton County Grand Jury; recording device ........................ 362, 365, 1107, 1178, 1231
HB 562--Burglary; mandatory imprisonment second and third convictions ._....------.------ 700, 740, 831, 918, 926
HB 574--Probate of Wills, Notice of Motion for; provisions ...... ......... 31, 40, 2045, 3141, 3295, 3368
HB 575--License to Carry Firearms; two sets of fingerprints of applicant ._.._......_......__........_.....24, 2045, 2063, 3140, 3247
HB 578--Motor Fuel Taxes; consolidate laws relating to collecting ---___----------------------.86, 109, 131, 139, 402
HB 579--Motor Carrier Tax; deducting accrued credits .._......_.._..._.._..... 1369, 1374, 1565, 1671, 1787, 1806, 2213
HB 611--Executive Department; disposition of State-owned surplus books ----------------------------106, 131, 163, 1767
HB 627--Grand and Traverse Jurors; provide for mechanical or electronic selection --------... 31, 41, 87, 110, 117, 1042
HB 632--State Board of Medical Examiners; change size and composition ------------------------------------1545, 1550
HB 639--Augusta-Savannah River Parking and Urban Redevelopment Authority; rename as Augusta Tomorrow Development Authority --------------No action in 1978
HB 645--Adequate Program for Education; nonteaching personnel in allotment of funds ------------.31, 41, 735, 831, 918, 928
HB 649--Driver's License; copy of abstract of record to insurance company ... 927, 978, 1303, 1392, 1683, 1688, 2041
HB 663--Practical Nurses Board of Examiners; temporary licenses ----------------------------------No action in 1978
HB 665--Child Support Recovery Act; parents make wage assignment ------------------------------31, 41, 1388

INDEX

3405

HB 706--Landlord and Tenant Relationship; prohibit waiver of provisions of certain housing codes ....--..._1749--Received after 33rd legislative day
HB 723--Liability of Corporation Sureties for Damages; expend -..--.-....... ^.........._.__.........._....._.1634, 1657, 2218, 2220
HB 731--Property Line Monuments.; penalties for destruction or displacements ___..__....._.._......... 24, 2045, 2063, 2755, 2941
HB 732--Plats; regulate preparation, contents and recording ._..__._._......._._._.__..___.__..._.24, 2045, 2063, 2756, 3017, 3368
HB 742--Bryan County Board of Education; election of members ............_..,__.__........... 1300, 1396, 1496, 2780, 2989
HB 743--Cancellation of Instruments; grantees of security interest execute ___._._._._.._.._._.._.._._....._._._...,,. No action in 1978
HB 744--Billiard Rooms; hours of operation ................_..__.___.._..___________________.31, 41 HB 750--Bail Jumping; create crime of ...-...._..,,...--........._.._......_._.._......_._.25 HB 758--Probation of Felon; forwarding
of discharge records ......_..__.___...__.._.._....177, 182, 700, 740, 831, 918, 929 HB 761--Wine; wholesaler exempt from taxes
under certain conditions ___......................... ........................____...___607, 614 HB 785--Mortgages; strike Code Chapter on
laundrymen's liens ______.._._._______.___________.._.____._._.___..________725, 731, 2415, 2420 HB 791--Bonding of State Officials; Administrative
Services Commissioner's duties ........1634, 1657, 2045, 2060, 2446, 2449 HB 795--Officer in Pursuit of Felon; enter
State for arresting .._......__,,.._...__._...... 1543, 1550, 2419, 2420 HB 821--Hancock County Board of Elections; provide ........... No action in 1978
HB 824--Explosives in Blasting Operations; standards for use __-._................. 983, 987, 1302, 1392, 1683, 1690, 1767
HB 831--Motor Vehicle License Tag Fees; change for certain vehicles ........1284, 1293, 1481, 1566, 1683, 1699, 1707, 2213
HB 863--Brooks County Board of Commissioners; election of members ___._,,............,,,,........... .........,,____._No action in 1978
HB 867--Bail in Criminal Case; procedures for granting .............. 31, 41, 1053, 1403, 1425, 1632, 1700, 1725, 1728
HB 876--Property Foreclosure; judicial supervision, notice and hearing ....._._.__._......................__._...........1370, 1374, 2415, 2420
HB 880--Town of Hardwicke; new charter ___.,,.--.--...._...----_.No action in 1978
HB 899--Foreclosure Mortgage on Personalty; default judgment ..............._.__.__...........,,...-..,,.-...-,,-------.607, 614, 2218, 2220
HB 902--Electrical Contractors; two classes of licenses .__._______._______..._______.___.___.400, 406, 1302, 1392, 1683, 1701, 2214
HB 903--City of Savannah; extend corporate limits _..,,----------,,,,---- 1712, 1758, 2616, 2619, 3111
HB 914--Dam Safety; provide _.....,,__.___.___.........803, 808, 1302, 1393, 1703, 2213
HB 927--Muscogee County Alcoholic Beverage Sale; consumption on premises, certain hours .............--_,, No action in 1978
HB 929--Insurance Commissioner; disclosure of information, Georgia Insurance Code .......... 31, 41, 183, 219, 376, 379
HB 937--Sales Tax; exempt certain transactions persons with common ownership ......... 25, 1478, 1566, 1683, 1704, 2214
HB 997--Structural Pest Control Act; licenses issued pursuant valid in State .__.._.............____...................400, 406, 1772, 2048, 2246, 2250, 2600

3406

INDEX

HB 1012--Board of Nursing; hearing required before action taken to discipline licensee _________________------_----_______1038, 1044, 1387,

HB 1014--Georgia Insurance Code; sale of variable life

1485, 2755, 2593

insurance _------------1617, 1657, 2415, 2420, 2756, 3017, 3140, 3141

HB 1026--Orthotists Practice Act; eliminate and add

certain definitions ._..___----_------_--------____-------- 25, 668, 703, 744, 790

HB 1046--Alcoholic Beverages; Revenue Commissioner issue refunds for stamps ------------------ 202, 210, 667, 704, 744, 791, 1042, 1082, 1372, 1509, 2121, 2142, 2308, 2412
HB 1048--G.B.I. Qualifications; change certain

term --------------............----___------.. 689, 694, 2419, 2420, 2756, 3031

HB 1051--Smoke Detectors; required installation after certain date .------____------__.._----_---------------- 400, 406, 667, 704, 744, 795
HB 1055--Augusta-Richmond County Coliseum Authority;

property purchased tax exempt ._-------------------------------------2711 HB 1062--Baker County Sheriff; compensation --------.....--No action in 1978

HB 1069--Bibb County Board of Public Education and Orphanage; compensation .._------.----------------990, 1058, 1119, 3075
HB 1070--Public Transportation System; not exempt motor fuel tax ----------___----.__ .,,._...,,,,..........._................................25

HB 1072--Ad Valorem Tax on Tangible Property Other Than Motor Vehicle; installments ----------------------___ No action in 1978

HB 1075--Ludowici Recorder; qualifications ----___________.No action in 1978

HB 1076--Hospitalized Criminals; provisions for discharge .............._.........25, 736 HB 1095--Augusta Judicial Circuit District Attorney;
compensation -----------------------_--_------.___------------798, 811 HB 1101--Child Abandonment; change provisions on venue
of offense .--...------..--.------.----._---------------- 82, 85, 1773, 2048 HB 1114--Youthful Offender Division; reconstitute membership
under Board of Corrections ......---------- 25, 214, 371, 413, 621, 632, 806

HB 1115--Corrections Board; transfer functions and powers to Offender Rehabilitation Board --------_..25, 214, 371, 413, 621, 634, 806
HB 1116--Corrections Board; change title to Commissioner of Offender Rehabilitation ----------... 26, 214, 372, 413, 621, 638, 806, 828
HB' 1143--Ware County Board of Commissioners Chairman; compensation ____.----------.......------------1620, 1657, 2416, 2426, 2698
HB 1145--Columbia County Board of Elections; provide ____No action in 1978

HB 1150--Plant Food Act of 1970; redefine "specialty fertilizer" --------------------------------202, 210, 407, 619, 671, 708, 717

HB 1163--Richmond County Tax Collector; repeal Act

relating to collection of school tax --.------------------No action in 1978

HB 1187--Cobb Judicial Circuit Judge; compensation ------______.No action in 1978

HB 1192--Henry County Elected Officials; procedure for recall ------------.--------------_--___--------No action in 1978

HB 1196--Henry County Board of Commissioners; change Commission Districts --_--------------------- No action in 1978

HB 1199--Henry County Hospital Authority; appointing members ...----....----~....._,,_.___--~------....--------No action in 1978

HB 1217--Licensed Professional Counselors; regulation

and licensing _____------_......----..----------___--1545, 1550, 1715

HB 1223--Appropriations, 1977-78; change ... 102, 126, 185, 219, 376, 378, 393, 471

HB 1224--Appropriations, 1978-79; provide ----.........1097, 1102, 1562, 1674, 1787, 1859, 2017, 2019, 2035, 2079, 2781, 2796

INDEX

3407

HB 1227--Board for Certification of Librarians;

composition _.___....__-..___.._._.__._________..___.__. 803, 808, 1108, 1176, 1308, 1321

HB 1228--City of Mountain View; repeal Act creating ............81, 85, 184, 216, 372

HB 1229--Institutional Licenses; persons residing in United

States one year may be licensed __._._.....689, 695, 1052, 1113, 1188, 1205

HB 1230--Employees' Retirement System of Georgia; service

necessary for retirement .._...................._...1543, 1551, 2047, 2061, 2246,

2252, 2300

HB 1231--Eye Banks; conditions for removing cornea for

transplant ___.___......._..._..______..___.__.__..___.1284, 1293, 1773, 2048, 2246, 2252

HB 1232--License Plates for the Disabled; certain deaf

persons qualify

..... 724, 731, 992, 1056, 2104, 2121, 2411, 3204

HB 1233--Public School Health Insurance; include

librarians __...........__......._...__......._..._.......1633, 1658, 2044, 2061, 2246, 2253

HB 1234--Superior Court Clerk; name and address of

grantee in deed ---.......___...._.......202, 210, 736, 822, 1064, 1087, 1289

HB 1235--Public Roadway; installation of grates,

regulate _______.___.________._.___.___.___.______.726, 731, 1109, 1176, 1308, 1322, 1546

HB 1236--Cherokee County Board of Commissioners; abolish and

create new office ......_............................_.._.........._...81, 85, 367, 410, 619

HB 1237--Witness Pees; change amount payable to

policemen .._,,.........._.__ ......... _.___...__.... 202, 210, 736, 822, 1064, 1088

HB 1239--State Crime Laboratory Investigation; circumstances

for admitting into evidence _______________________.___________________.607, 615, 1053

HB 1240--Council on Maternal and Infant Health;

membership ._......_..................726, 731, 1108, 1176, 1308, 1324, 1336, 1468

HB 1241--Joint Advisory Board of Family Practice;

change name ..-.,,......_.....402, 406, 700, 740, 831, 918, 930, 1373

HB 1242--Vocational Rehabilitation Division Director;

remove from classified service

of Merit System ..._...__..._._.._.........._...1158, 1166, 1387, 1485, 1683, 1709

HB 1243--Mobile Home Taxation; where to return for

taxation ._..__....._................___.........................202, 210, 734, 822, 1064, 1089

HB 1246--Physician and Patient; communications

privileged .....................__._._.........___.805, 808, 1480, 1567, 1683, 1710, 1721,

1768, 1788, 2012, 2215, 2273, 2412,

2456, 3007, 3366

HB 1247--Driver's License Suspension; points necessary

for suspension ....................................1040, 1044, 1303, 1393, 1683, 1714

HB 1248--Drivers' License Revocation; change certain time

limitations __-.....-...-..._-.___-___.__-.._-983, 987, 1109, 1176, 1308, 1326, 1362

HB 1250--Chatham County Alcoholic Beverage Sale on

Sunday; certain restaurants ,,.......-..-.....------------724, 731, 1385, 1485,

1683, 1716, 1768, 1788, 2017

HB 1252--Public School Teachers' Retirement; those retired

pursuant to pension system, minimum

allowance . __._....__...__..._.803, 808, 1389, 1486, 1683, 1717

HB 1253--Motor Vehicle Registration; time period for nonresidents _._.._......_.._................_..1162, 1166, 1303, 1393, 1787, 2018

HB 1257--Practice of Dentistry Without License; change name of Board of Dental Examiners ..........__...__..-_......___.-....726, 732, 1301, 1393

HB 1258--Public Health Code; new Chapter on life-sustaining discontinuance ._....................._..............................--...........1139, 1166, 1480

HB 1259--Public Utility Company Property; restrictive laws relating to damaging ..................._.._.......897, 901, 1565, 1671, 2104, 2124

3408

INDEX

HB 1262--Retired Peace Officers; certification for private

employment __._......._-.._...__________.__.____.1158, 1166, 1481, 1567, 2104, 2176

HB 1263--Murray County; maximum burial expense for

paupers ---.._...-_-........____.___.._.....______.___.___________.___._._.81, 85, 184, 216, 373

HB 1265--County and Municipal Tax Refunds; time

period to file .........__-......________.____.__________.897, 902, 1300, 1393, 1683, 1719

HB 1266--Drivers' Licenses; certain inmates

exempt _.....-._............_......_ ._..__...... 691, 695, 991, 1057, 1127, 1150

HB 1267--Nonprofit Bingo Games; regulation ... 1164, 1167, 1481, 1567, 2104, 2112

HB 1268--Blasting in Vicinity of Underground Gas Pipes;

delete certain exceptions _._................._.. 1463, 1469, 2217, 2219 2756, 3016

HB 1271--Lifetime Honorary Hunting and Fishing License;

totally disabled .......................___.... 689, 695, 1053, 1113, 1403, 1428

HB 1276--Schley County Board of Commissioners;

compensation ________........_______________.________._________..__._____103, 105, 699, 740, 825

HB 1277--Superior Court Clerks; revise fees .__.__...___.___.___.___.607, 615, 2218, 2220

HB 1278--Henry County Sheriff; fix salaries of staff ................... 103, 105

HB 1279--Moneys Received from the Commission of

Crime; distribution __...._........._..___._...__._._.._...._ 1285, 1293

HB 1280--Fulton County Judges' and Solicitors' Solicitor General

Retirement Fund; survivor benefits ......... 362, 365, 1107, 1179, 1231

HB 1281--Uniform Child Custody Jurisdiction Act;

enact _.-.._

897, 902, 1302, 1393, 1683, 1720

HB 1282--Individual Sewage Disposal System; when

application is denied ............................1285, 1294, 2418, 2420, 2755, 2950

HB 1283--City of Dacula; new charter ...._...._.......... .103, 106, 367, 410, 620

HB 1286--Sales Tax; refunds of tax paid on solar energy

machine or equipment ....................897, 902, 1478, 1567, 1683, 1721, 2411,

2940, 3024, 3032, 3056, 3366

HB 1288--Sales Tax; include certain sales of tangible personal

property for resale ........... 1038, 1045, 1300, 1393, 1683, 1726, 2035, 2081

HB 1289--Polling Places; provide ones accessible to

handicapped ._ ....._...-.. 803, 809, 1174, 1226, 1787, 1807

HB 1290--Board of Dentistry; change number of

members ......... -......._ ....,,-,, 691, 695, 1052, 1113, 1188, 1205

HB 1292--Impoundment of Vehicles on Private Property;

information posted on property ....................__..__......607, 615, 2218, 2221

HB 1295--Gwinnett County Superior Court Clerk;

compensation ........................_....._................__......._..103, 106, 184, 216, 373

HB 1296--Marriage License; additional tests certain

applicants .-..--...- 689, 695, 990, 1057, 1127, 1150

HB 1300--Superior Court Clerks; longevity increases ......_.._...... 1368, 1375, 1563,

1672, 2104, 2125

HB 1301--Vehicle Insurance Rate; insurer not base on

certain standards ......__...................._...1163, 1167, 1479, 1567, 3141, 3309

HB 1302--Malt Beverage Dealer; penalty performing certain

acts without license ............ 202, 210, 667, 704, 744, 796

HB 1303--Alcoholic Beverage Licensees; surety bonds ........1285, 1294, 1770, 2049,

2756, 3037, 3368

HB 1304--Alcoholic Beverage Sale in Private Club; Commissioner

of Revenue regulate ................... 608, 615, 1385, 1486, 1788, 1848, 2039,

2105, 2171, 2411, 2446, 2598, 2758, 3231, 3340, 3366

HB 1305--Code on Commissioner of the Poor;

repeal ........-....._.........--......----..------------ 689, 695, 1174, 1226

HB 1306--Sales Tax Act; property tax rollback .._.__...........__.897, 902, 1300, 1394,

1788, 2019

INDEX

3409

HB 1307--Crime of Cruelty to Children Causing Death;

provide --------------------------177, 182, 991, 1057, 1188, 1206, 1289

HB 1308--Defendant in Criminal Case; "accused" instead of

"prisoner" -.-----..--,,--_-----.--------------------.------_------.608, 615

HB 1309--Economic Development Council; change

membership --------------..__ 122, 124, 817, 911, 1064, 1090, 1127, 1155

HB 1310--Energy Conservation Building Standards Act of

1978; create _----

__ _ 122, 125, 700, 740, 831, 918, 932, 1373

HB 1312--Minor; unlawful for person to put to indecent,

obscene or immoral exhibitions ._------.___ 1370, 1375, 2217, 2219, 2446,

2454, 2459, 2598, 2793, 3055, 3065, 3249, 3366

HB 1313--Liens for Work Done, Materials Furnished; rental

value of certain items ....._............. 202, 211, 1053, 1113, 1308, 1327, 1467

HB 1315--Valdosta Board of Education; powers and

rights -.----._.........------.-----------.----------121, 125, 184, 217, 373

HB 1316--Lowndes County Tax Commissioner;

compensation .--------_----._-.-..----------.----------..121, 125, 184, 217, 374

HB 1317--Lowndes County Probate Court Judge;

compensation -.-------_,,..--------------.--------121, 125, 184, 217, 374

HB 1318--Lowndes County Sheriff; compensation ..........121, 125, 184, 217, 374

HB 1319--Lowndes County Superior Court Clerk;

compensation ..__.-----.--..__--._------------------. 122, 126, 184, 217, 375

HB 1320--Legal Weapons for Hunting Wildlife;

relative to

.

... 1285, 1294, 1774, 2049, 2446, 2456, 2587,

2755, 2757, 3053, 3064, 3137, 3191, 3306, 3365

HB 1321--Real Estate Commission; inactive status of

license __---__------.----.----.------400, 407, 1479, 1567, 2105, 2126

HB 1322--Repossessed Vehicles; procedure for taking certain

property from _._....----------------------------------------..------ 177, 182

HB 1324--Administrative Procedure Act; notice for adoption,

repeal of rules ..........._......_.......... 724, 732, 2048, 2071, 3140, 3198, 3368

HB 1325--Public and Legal Holidays; change --_-__.------.--------------689, 695

HB 1326--City Courts; try cases on abatement of

nuisances ...................._...........___.__.._._........._._............ 1543, 1551, 2218, 2221

HB 1327--Torts; redefine "homicide" ........... 608, 615, 2218, 2221, 2446, 2457, 2949

HB 1328--Garnishment; change exemption based on alimony

judgments ..........................._....__.........._.._-................_.._..203, 211, 2419, 2421

HB 1329--Employees' Retirement; service necessary for

retirement .._.___-----......--------------------1368, 1375, 2219, 2756, 2992

HB 1330--Teachers' Retirement; certain rates of

interest ...................................._.................. 803, 809, 1389, 1486, 2105, 2127

HB 1331--Teachers' Retirement; additional provisions on death

benefits _...-.-_.-------------------------.803, 809, 1389, 1486, 2105, 2129

HB 1332--Income Tax; deceased taxpayers, installment contracts --------------------------.1284, 1294, 1770, 2049, 2246, 2254

HB 1333--Educational Facilities Authority; create ............1162, 1167, 2418, 2421, 2756, 2996, 3071
HB 1335--County Board of Education; compensation _..._.......726, 732, 1108, 1177, 1308,1329, 1549, 1588, 1749, 1751, 3047, 3076
HB 1336--City Election Ballot; unopposed name need not appear ------------------ 689, 696, 1052, 1113, 1236, 1308, 1331, 1767

HB 1337--Ocmulgee Judicial Circuit Superior Courts; terms _------__--...----.-------.---------------------------------------362, 365

HB 1338--Property Tax; exempt certain international banking corporations ____.------.----.._..--..-------898, 902, 1300, 1394, 1683, 1727

3410

INDEX

HB 1339--Chief Registrars; scheduled training session
every other year ..._..._._,,_...__......._._...___._._.. 690, 696, 1174, 1226 HB 1340--Municipal Election Code; preservation of
records ___...__________________.___..._._._..._.___.___._._ 690, 696, 1174, 1226, 1403, 1429

HB 1342--Food Sales Establishment; exempt from licensing

and bonding act . .

.. 203, 211, 816, 911, 1064, 1090

HB 1343--Superior Court Clerks' Retirement Fund; change

benefit provisions .......

898, 902, 1390, 1486, 1683, 1729

HB 1345--Driver's License; suspension for failing to respond to

citation ______.._._.__.__..__..______.___._______________.________.__690, 696, 992, 1057, 1188,

HB 1347--Veterans Service Director; use title of

1208,1773, 2755, 2954, 3073

"Commissioner" ..................... 608, 615, 817, 912, 1683, 1730

HB 1349--Podiatry; change definition ___...._.......1285, 1294, 1387, 1486, 1683, 1731

HB 1351--Retail Installment and Home Solicitation Sales Act;

"retail seller" ................... 804, 809, 1173, 1227, 1403, 1430

HB 1356--Internal Revenue Code on Income Taxation;

redefine ........

1040, 1045, 1479, 1567, 1788, 1808, 2214

HB 1357--Criminal Case Appeal; provisions ....... 608, 616, 1053, 1114, 1188, 1208

HB 1358--Unfair Cigarette Sales Act; repeal ..........

898, 903, 2419

HB 1359--Perry Property Taxes; time due ...._-...__.___.___.___.___.203, 211, 618, 669, 705

HB 1360--Workmen's Compensation; change to Workers'

Compensation ____________________...._...___....____.928, 978, 1174, 1227, 1403, 1431,

1445, 1458, 1546

HB 1361--Crime of Theft; change penalty

provisions ............_._......._.__.._.___._......-....203, 211, 1053, 1114, 1188, 1209

HB 1364--Mobile Homes; situs for tax purposes _...--....._._.1158, 1167, 1479, 1568,

2105, 2131

HB 1365--Sales Tax; showing credit on city-county ad

valorem tax bill ....._......_.. 1285, 1294, 1770, 2049, 2447, 2756, 3024, 3367

HB 1366--School Custodial Uniforms; county boards of education

expend funds ................................1158, 1167, 1301, 1394, 1683, 1732, 2411

HB 1367--Employees' Retirement; requirements and benefits

certain personnel ... _..........._....._......_..... 898, 903, 1390, 1486, 1788, 1810

HB 1368--Transactions in Objects for Use with Narcotic Drugs; prohibit ............................898, 903, 1481, 1568, 2246, 2257, 2599

HB 1369--Industrial Loan Act; penalty violations ................898, 903, 989, 1057, 1127, 1151
HB 1370--Sale of Livestock at Auction; redefine "special sale" .__..............___--------------203, 211, 816, 912, 1064, 1091

HB 1371--Thomas County Judge; compensation ........__..__..400, 405, 699, 741, 825

HB 1372--Thomas County State Court Solicitor; compensation _._............,.......__._.........................-.......400, 405, 699, 741, 825

HB 1373--Thomas County Board of Commissioners; number for quorum ............_._..._......................_.._._.....400, 405, 699, 741, 826

HB 1376--Auburn Recorder's Court; change to Auburn City Court ........___..._.....__......._..................__..._..............203, 211, 618, 669, 705

HB 1377--Walker County; corner, compensation ................203, 212, 618, 670, 706

HB 1379--City of Athens; maintenance and appearance of vacant lots ....___.........__.._................_.._-..................__..725, 733, 908, 992, 1061

HB 1381--Income Tax Penalty; provisions for refunds .............................................._..... 1284, 1295, 1770, 2049, 2246, 2259

HB 1382--Game and Fish; change provisions relative to shrimping ..._..-..-.----..---- 1161, 1167, 1302, 1394, 1788, 1812

INDEX

3411

HB 1383--Fulton County Judges' and Solicitors' General Retirement; credit provided Public Defender ......... ........-......._._ 1537, 1554, 2616, 2619, 3079
HB 1384--Fulton County Judges' and Solicitors' General Retirement; increased benefits .... 2499, 2553, 2616, 2619, 3081
HB 1386--Uninsured Motorist Coverage; maximum amounts ............ 1504, 1536, 2043, 2064, 2246, 2263, 3023, 3029, 3077, 3170, 3298, 3366
HB 1387--Emergency Service at Scene of Accident; relief from liability ._____._..____.___.___..___400, 407, 2218, 2221, 2756, 3027, 3140, 3166, 3196
HB 1388--South Georgia Judicial Circuit; additional judge ....................___.____.__.__..__._....__.........____.608, 616, 700, 741, 831, 918, 934
HB 1390--Income Tax; multiple support agreements, dependency exemptions ........ 898, 903, 1096, 1300, 1394, 1788, 1813
HB 1401--Income Tax; remuneration for active service in armed forces -__.....-..-_-.____........____....___........._.-1038, 1045, 1300, 1394, 1788, 1814
HB 1409--Sunday Business Activities Act; repeal ___.___.___.___.__. 362, 366, 1481, 1568 HB 1410--Code on Bonded Public Warehousemen; repeal ....... 363, 366, 1481, 1568 HB 1411--Code on Stock Law; repeal chapter on
fencing livestock ................... 363, 366, 1478, 1568 HB 1412--Miscegenation; repeal Code .................. 363, 366, 1481, 1568 HB 1413--Conductors Assigning Passengers to Cars;
repeal Code relating to ........ ............ 363, 366, 1481, 1569 HB 1414--Indentured Servants and Apprentices; repeal
Code relating to _._..._.___.._..___.............-.....___.___.__...._.... 363, 366, 1481, 1569 HB 1416--Coastal Sand Dunes, Beaches, Shoals; provide for
protection ........................................ ..,,-.-..- 726, 732 HB 1417--Registrar and Deputy Qualifications; clarify certain
ineligiblity ____...._._..._.___._______.___.1633, 1658, 2045, 2061, 2755, 2942, 3054, 3064, 3257, 3261, 3305, 3366
HB 1418--City of Atlanta; recomputation of pensions certain retired officers ........._......_..............._...__.._...__. 1537, 1554, 2616, 2619, 3111
HB 1419--Person Holding Elective Public Office; not serve on board of elections ................_..-_----.658, 665, 1387, 1486, 1788, 1814
HB 1420--Absentee Ballots; requirements for casting ........... 805, 809, 1052, 1114
HB 1421--Ride-Sharing Projects; DOT provide assistance to business .............__.,,_..........._..___-..... 204, 212, 369, 411, 622, 671, 708, 710
HB 1426--Employment Security Law; transitional unemployment insurance -..--...............-.-.-._.._........----------------------------_------.608, 616
HB 1427--Georgia Arbitration Code; provide ........... 1161, 1168, 2419, 2421, 2755, 2957, 3054, 3064, 3138, 3164, 3256, 3365
HB 1428--Speech Pathology and Audiology; appointment as Board members __.............................--1038, 1045, 1301, 1394, 3140, 3241
HB 1429--Griffin Judicial Circuit; times for holding court ............. 690, 696, 1143, 1175, 1227, 1403, 1432
HB 1430--Public School Employees Retirement; local units may elect coverage ....--.--..................--........__..........--.--.-------1465, 1469
HB 1431--Public Documents; State departments send to State Librarians list ........................1368, 1375, 1772, 2049, 2246, 2266
HB 1432--Admission of Testimony; new Code Section as to cause of fires ___..............__..-....--.---.._---1370, 1375, 2419, 2421
HB 1434--Uniform Rules of the Road; applicability of laws to bicycles ........._...............__-......-...---..690, 696, 992, 1057, 1403, 1433

3412

INDEX

HB 1436--Harris County Small Claims Court; change

jurisdictional amount ------------------------ .363, 367, 618, 670, 706

HB 1437--Fulton County Teachers, Employees' Retirement;

spouse's pension ------------------------2499, 2553, 2616, 2619, 3111

HB 1438--Schley County Small Claims Court; repeal

Act creating ------------------------------_--401, 406, 699, 741, 826

HB 1441--Probate Court Judges' Bonds; office to which

bonds returned ----------------------804, 809, 1773, 2050, 2756, 3022

HB 1442--Election Contest Proceeding; requirements for

serving copy ___.__.-----_.-------------------------804, 810, 1174, 1227

HB 1443--Substitute Teachers; requirements --------------1520, 1536, 1772, 2050,

2246, 2268

HB 1445--Pharmacy Interns; change requirements ............1159, 1168, 1773, 2050,

2246, 2268

HB 1447--State Commission on Physical Fitness;

create ....-_._----------------------1463, 1469, 1773, 2050, 2246, 2269

HB 1448--Motor Vehicle Accident Reparations Act; coverage

to be excess over Workmen's Compensation ----------------1368, 1375

HB 1450--Properties Commission; compensation of

citizen members ------------------------690, 697, 1174, 1227, 3141, 3330

HB 1453--Cobb Judicial Circuit Superior Court;

additional judge .----------------------726, 732, 1389, 1487, 1683, 1734

HB 1456--Sales Tax; local option tax, construction

contracts .---------------------------1038, 1045, 1479, 1569, 2105, 2133

HB 1457--Richmond County; change number of

deputy sheriffs ------------------------------609, 617, 908, 992, 1061

HB 1458--Peace Officers Standards and Training Council;

professional certificates --------------1370, 1376, 2045, 2064, 3140, 3208

HB 1459--Teachers' Retirement; creditable service certain

members for duty in armed forces ................1370, 1376, 2047, 2061,

2446, 2466

HB 1461--Applied Psychologist; conditions for

license renewal ....................................1285, 1295, 1773, 2050, 3140, 3239

HB 1463--Higher Education Assistance Authority; scholarships

for certain students ----------------------609, 616, 818, 912, 1064, 1092

HB 1465--Coastal Management Board; create

and compose

_

804, 810, 1109, 1177, 1308, 1333, 2213

HB 1467--Pulaski County Sheriff; compensation of

deputies .................__._..-..-__.._-....._...._............... 609, 617, 699, 741, 826

HB 1468--Bleckley County Small Claims Court; change

jurisdictional amount ------------------------609, 617, 699, 741, 826

HB 1469--Sheriffs' Retirement Fund Board of Commissioners;

compensation ..........................................804, 810, 2047, 2061, 2246, 2271

HB 1470--Sheriffs' Retirement; increase certain

members __..__..._.................................._...1286, 1295, 2047, 2061, 2246, 2275

HB 1471--Remerton Mayor and Councilmen; change residency

provisions ___..__.._-.....................__..___.__..._..._...._......__ 609, 617, 699, 741, 827

HB 1472--Burke County Probate Court Judge; personnel --------609, 617, 699,

742, 827

HB 1473--Iron City Mayor and Alderman;

compensation ----------------------------------609, 617, 699, 742, 827

HB 1474--Atlanta Employees' Retirement; annual actuarial reports -----------------------------1537, 1555, 2616, 2619, 3112

HB 1475--Atlanta Firemen Pensions; annual actuarial reports .....-...-.-..--.-.-.-.....-.-.........-..--.-.-1537, 1555, 2616, 2620, 3112

INDEX

3413

HB 1476--Atlanta Policemen Pensions; annual actuarial reports ._......_____.....__..___.______._____________________1538, 1555, 2616, 2620, 3112
HB 1477--Constables; fees for services of summons --.~ 1369, 1376, 1563, 1672,
3140, 3244 HB 1483--Bank Offices Within Airports;
establish _______.._._.______._._.___._________..___.______________.401, 407, 667, 704, 744, 796 HB 1485--Sales Tax; conditions for city to levy local
option sales tax .......____._...._......1544, 1551, 2415, 2421, 2755, 2983, 3073 HB 1487--Teachers' Retirement; credit for certain service
in armed forces .__._....-..___.-.__.._-_.__..__.--..__.______.__..1368, 1376, 2047, 2062 HB 1491--Retirement System Overview Committee;
create ..-----.----_-__.__.-.--._._.__....--._._._..._.._.-.. .............._.._..1655, 1658 HB 1493--Retired Teachers; health insurance
coverage .....__-~.___....._...._____726, 732, 1108, 1177, 1236, 1308, 1335, 1468, 1591, 1632, 1700, 1846, 2041
HB 1498--Butts County; time for making tax returns -__-......_.__..__._....._.-._-_...___.1621, 1658, 2415, 2421, 3141, 3333
HB 1499--Sales Tax; machinery used in tilling soil, animal husbandry, remove limitations on the exemptions .--... 1159, 1168, 1770, 2050, 2246, 2279, 3070
HB 1500--Commissioner of Administrative Services Department; establish agency for surplus property from federal government ........690, 697, 1174, 1227, 1308, 1337, 1353, 1363, 1404, 1449, 1768
HB 1501--Prisoner Laws; repeal good-time allowance, enact earned time allowance ................ 691, 697, 991, 1057, 1127, 1152
HB 1503--Bonds Tax Collectors Give to State and County; increase amount ._--...__....-.1634, 1658, 2043, 2064, 2446, 2468, 2599
HB 1504--County Superior Court Clerks; deposit certain funds in registry ._.._...____.__.__...__.___.____.__________1286, 1295, 1773, 2050, 2446, 2470
HB 1505--Nonresident Big Game License; change provisions ._-..._.....- .--._.__.._..__.-.._._._.1039, 1045, 1303, 1395, 1788, 1816
HB 1506--Mortgage Foreclosures; giving of oaths in certain cases --..__..._-_--._.._....._-_-.__..._--1632, 1658, 2045, 2064, 2246, 2287
HB 1507--Joint Planning Commissions; change provisions on subdivision regulation ._________.._______._.__1466, 1470, 1772, 2051, 2446, 2471
HB 1508--Branch Banks; establish through merger under certain conditions ....._._._._....--__..._.1211, 1218, 1479, 1569, 2105, 2134
HB 1509--Financial Institution; certain banks maintain representative offices ._.._......-.-.____._...1039, 1046, 1300, 1395, 2105, 2134
HB 1510 Financial Institution; may close one day in addition to Sunday ._...-____._._.._...__..._.._.._.__.__..1286, 1295, 1479, 1569, 2446, 2497
HB 1511--Financial Institution; conducting business without authority .........._._............_.._-.....1162, 1168, 1479, 1569, 1683, 1735, 2213
HB 1515--Atlanta Firemen; pensions ......__......2.136, 2205, 2617, 2623, 3082, 3367 HB 1516--Atlanta Policemen; pensions .....__ 2136, 2205, 2617, 2623, 3083, 3367 HB 1517--Atlanta Employees; pensions ........... 2136, 2206, 2617, 2624, 3083, 3367 HB 1518--Employees' Retirement System; credit for
out-of-State service .........___._..._......_..1286, 1295, 2047, 2062, 2246, 2348 HB 1519--Educational Improvement Council; quorum for
business transaction _..___.__.____..__.._.______727, 733, 1108, 1177, 1403, 1434 HB 1520--Common School Support; expenditure of certain per
cent of State revenues ................727, 733, 1108, 1177, 1236, 1308, 1338
HB 1521--Day Care Centers; fire safety standards ........1039, 1046, 1301, 1395
HB 1523--Cook County Airport Authority; establish ....658, 666, 908, 992, 1061

3414

INDEX

HB 1526--Public Health; provide for public policy ....... 1039, 1046, 1302, 1395,
2105, 2143 HB 1527--Hearing Aid Act; provide ._......___..__. 1039, 1046, 1388, 1487, 1683, 1736 HB 1529--Boat Safety Act; "vessels" include inflatable
rafts ___....__.__.____.____..__.________._.__..___.___.1161, 1168, 1303, 1395, 1683, 1752 HB 1530--Commission of Indian Affairs; strike provision
repealing Act .__._._.___.____..______._._.1162, 1169, 1387, 1487, 2246, 2287, 2599 HB 1532--Certain Loaded Firearms in Automobile;
unlawful .._______...___..._.__.__...____.________________-.____.____..__.__.1635, 1659, 2046, 2062 HB 1533--Federal Income Tax Returns; provide for
secrecy ._..._.._._..__.__-___..._.____.__..__.________1543, 1551, 1770, 2051, 2756, 3014 HB 1538--County Board of Tax Assessors; relative to members
not to be appointed to county governing authorities _______.___._..._______._____._.___.1040, 1046, 1174, 1227, 1404, 1435, 1546 HB 1543--Game and Fish Code; changes in certain definitions ____.._.....___-.._.1369, 1376, 1565, 1672, 1788, 1817, 2141, 2142,
2215, 2255, 3061, 3076 HB 1544--Billiard Room Selling Beer, Wine, Alcoholic
Beverage; no minor allowed __.._____._.1211, 1219, 1479, 1569, 1788, 1852 HB 1545--Air Quality Act of 1978; create ........1369, 1376, 1564, 1672, 1788, 1853 HB 1549--Uniform Criminal Extradition Act; District of
Columbia included in jurisdiction ... 1161, 1169, 1564, 1672, 2105, 2144 HB 1554--Beehives; change provisions on protective
devices ___................._._.............__..........1159, 1169, 1303, 1395, 1683, 1737 HB 1555--Prohibited Campaign Practices; further
define ._..........._...__._._.........___.._...............1211, 1219, 1387, 1487, 2105, 2145 HB 1556--City Primary and Election; poll watcher not a
candidate .______._..____._._.__.________...__.________._..._...._.__.__-.1369, 1376, 1563, 1672 HB 1558--City Primary and Election; prohibit campaign activity
within 250 feet of polls .__.............__..... 1211, 1219, 1387, 1487, 2105, 2146 HB 1560--Area Planning and Development Commission;
functions and authority __..........._......... 899, 903, 1387, 1487, 1683, 1738 HB 1562--Health Code; change definition of institution
covered by Act ___........._.__._..........._......1163, 1169, 1480, 1570, 1788, 1854 HB 1563--Juvenile Court Code; change provisions on concurrent
jurisdiction of superior court ___.___.1286, 1295, 2046, 2064, 2246, 2292 HB 1567--Life Insurance Policy; insurer pay interest
on proceeds ............_...___.........__...._.....1284, 1296, 2043, 2064, 2247, 2298 HB 1568--Lookout Mountain Judicial Circuit Superior Court;
additional judge ....._.._.__............._......... 804, 810, 1481, 1570, 1788, 1855 HB 1569--Dentist License Suspension; civil criminal immunity
for certain persons .__.._..........._..._......1466, 1470, 2218, 2221, 3141, 3262 HB 1570--Ogeechee Judicial Circuit; additional judge ....... 805, 810, 1053, 1114,
1188, 1210 HB 1571--Home Solicitation Sale Agreement; number of days
buyer has to cancel ........._.._._...........__.__.............._.._.. 804, 810, 1173, 1228 HB 1572--Board of Occupational Therapy; review, termination,
repeal date ..,,-... 1286, 1296, 1563, 1672, 3140, 3260 HB 1574--Board of Funeral Service; set amount for
license fees ___.......:.--.__..-._...---._-1370 ) 1377, 1563, 1672, 1788, 2002
HB 1575--Certain Representative Districts; change composition ........._..........._...._.............1464, 1478, 2418, 2421, 2755, 2980
HB 1576--Peace Officer Standards and Training Act; exemptions from certification .......................1162, 1169, 1481, 1570, 1788, 2020, 2104, 2106, 2411

INDEX

3415

HB 1578--City of Dublin; new charter --------------691, 697, 735, 824, 915, 1042 HB 1579--License to Practice Medicine; provisions for stay in
contested cases ....................................1040, 1046, 1388, 1488, 1684, 1740 HB 1581--Meetings Open to the Public; state or local housing
authorities --------------------------691, 697, 2048, 2071, 2755, 2947 HB 1584--Minor Child Name Change; change requirement
of consent .._.------------------------.899, 904, 1175, 1228, 1404, 1436 HB 1585--Area Planning and Development Commissions; change
membership provisions ....................1464, 1470, 1773, 2051, 2446, 2504 HB 1587--School Buses; change exhaust system
requirements ......_......_...._.._...__.727, 733, 992, 1058, 1236, 1404, 1437, 1768 HB 1591--Motor Vehicle Operation without Insurance; certain
courts try persons ________._________..____....____899, 904, 2419, 2422, 3141, 3297 HB 1592--Baker County Sheriff; salary ............................725, 733, 908, 992, 1062 HB 1593--Ad Valorem Tax Liens; property coverage ................1543, 1551, 2043,
2064, 2247, 2303 HB 1596--Tattnall County Coroner; compensation ........725, 733, 908, 993, 1062 HB 1597--Mayor of Lyons; term of office .._.___..__.............707, 723, 735, 824, 917 HB 1598--Public School Sites; not subject to city, county
zoning laws ----------------------1655, 1659, 1772, 2051, 2446, 2505 HB 1599--Fulton County Board of Tax Assessors; create ....... 1098, 1103, 2415,
2423, 2625, 3072 HB 1600--Fulton County Tax Commission; required to
receive property tax returns .._.___.._..1098, 1103, 2415, 2423, 2632, 3073 HB 1601--Atlanta; request Fulton County to perform functions
imposed by Municipal Election Code ........1098, 1103, 2415, 2423, 2624 HB 1602--Atlanta Council Members; President; change
qualification _________...___________._._.___________.___.___.1098, 1103, 2415, 2423, 2624 HB 1603--Fulton County; procedures for annual updating of
countywide framework plan ............ 1099, 1103, 2415, 2424, 2637, 3073 HB 1606--Fulton County Public Garbage Disposal System;
procedure for operation, funding ...1099, 1103, 2415, 2424, 2640, 3072 HB 1607--Atlanta-Fulton County Water and Sewer System,
Unified; create .........__._._.___.__..............1099, 1104, 2415, 2424, 2644, 3074 HB 1608--Fulton County County-wide Library System; procedure
for establishment --------------------1099, 1104, 2415, 2424, 2663, 3075 HB 1609--Fulton County Services; financing __...__________.___.1099, 1104, 2415, 2424,
2668, 3023, 3032 HB 1610--Annexation More than 40 Acres of 50 Residents;
prohibit General Assembly enacting ........1099, 1104, 2415, 2424, 2625 HB 1611--Fulton County Civil Service Board; payments
to members .-___--_---------------------------1459, 1473, 2616, 2620 HB 1612--Atlanta Judicial Circuit; salary of Assistant
District Attorneys ----....----------------.1459, 1473, 2616, 2620, 3113 HB 1613--City Land Annexation; requirements ....__............_..._.._.._.-.-..1368, 1377 HB 1614--Appointment of Guardian for Mentally 111; physician
may examine in and out of state ------------------------------1286, 1296 HB 1616--Bibb County Ad Valorem Property Tax
Administration; provide ..-----------.......-798, 811, 1051, 1115, 1180
HB 1617--Thomas County Probate Court Judge; compensation .......------------------------.......799, 811, 990, 1058, 1120
HB 1618--Thomas County Tax Receiver and Collector; consolidate into Tax Commissioner ----------------------.799, 811, 990, 1058, 1121
HB 1619--Thomas County Superior Court Clerk; compensation ........................ ..,,....----.... ....--799, 812, 990, 1058, 1121

3416

INDEX

HB 1620--City of Reidsville; new charter ------------799, 812, 990, 1058, 1121 HB 1622--City of Rincon; reincorporate ................799, 812, 1107, 1179, 1231 HB 1623--Superior Court Judge; reimbursement while
attending educational seminars ----. 1040, 1047, 1564, 1673, 1788, 2003 HB 1625--Post Mortem Examination Act; fees paid
medical examiners .........................--......_....----------..1370, 1377, 2419 HB 1626--DeKalb County; repeal Act on commutation tax
in lieu of road work in militia ....----......----799, 812, 1386, 1490, 1574 HB 1627--Thomas County Sheriff; compensation ....1159, 1170, 1300, 1396, 1493 HB 1628--Hospital Liens; extend time for filing ...------1159, 1169, 1773, 2051,
'3140, 3243 HB 1629--Bus Passenger Safety Act; provide ------------..1466, 1470, 2218, 2221,
2447, 2506, 3074 HB 1630--City of Collinsville; repeal Act
incorporating ----------------------------.------799, 812, 1386, 1490, 1574 HB 1631^Constitution; repeal Act incorporating... 799, 812, 1670, 1775, 2072 HB 1632--Hall County Superior Court Clerk; execute bond in
specified amount ------__------------------------ 800, 812, 990, 1058, 1121 HB 1633--Appeals upon Petition to Supreme Court or Court of
Appeals; provide ..------------.......------------..------------1368, 1377 HB 1634--Forsyth County Civil Service System Act;
provide ------------------------------------------ 800, 813, 990, 1059, 1122 HB 1635--Cook County Board of Commissioners; election
of Chairman ........................................---------- 800, 813, 990, 1059, 1122 HB 1636--Physician's Assistant; exempt certain ones from
certain examination requirement .--..-.1464, 1470, 1773, 2051, 2247, 2304, 2600
HB 1637--Gainesville and Hall County Development Authority; redefine "project" -------.._------___ 800, 813, 990, 1059, 1122
HB 1638--Records Act; means for local governments to establish records --------_.------ 1655, 1659, 2046, 2065, 2447, 2554, 3072
HB 1639--Retail Liquor License; certain persons, firms ineligible __..._......--------.------------1542, 1551, 1770, 2051, 2247, 2307
HB 1640--Electronic Means of Selecting Juror; provide for contracting ---------------------- 983, 987, 2045, 2065, 3141, 3290
HB 1641--Jury Duty; person other than judge may excuse jurors ..----------------------- 983, 987, 2045, 2065, 3141, 3303
HB 1642--Traverse Jury; mandatory administration of oath to jurors during voir dire ..........------.....----.-.1040, 1047, 2045, 2065
HB 1643--Verbal Abuse of Juror, Witness, Party to Suit; misdemeanor --------------..------._.--------.___.....1463, 1470, 2218, 2222
HB 1645--Marriage License Application; evidence of proof of age ____-.-------------.------------------.................1367, 1377
HB 1646--Delinquent Jurors; finding in criminal contempt ----------.1159, 1169, 2045, 2065
HB 1647--Sales Tax Act; Revenue Commissioner not grant extension on certain returns --------------------------......... 1466, 1471
HB 1648--Transporting Garbage across State, County Boundary; government authorize permission ...............-.---------..--..-.1371, 1377, 1564, 1673, 3140, 3196, 3259, 3261, 3292, 3304, 3358, 3364
HB 1649--Coin-Operated Games or Devices; additional exceptions -------------------------- 1162, 1170, 2045, 2065, 2247, 2307
HB 1650--Dougherty County Board of Commissioners; composition ......--------........--------.----.---- 800, 813, 1107, 1179, 1232

INDEX

3417

HB 1651--Clayton County State Court Judge; compensation ..._.....-..._-_.........._._._..__..._.....800, 813, 1107, 1179, 1232

HB 1652--Clayton County Tax Commissioner;

compensation ......_._....._._._._._..........._...._.....800, 813, 1107, 1179, 1232 HB 1653--Clayton County Sheriff and Superior Court Clerk;
compensation ......_._-..........._._._............_._.....801, 814, 1107, 1179, 1232

HB 1654--Clayton County Probate Court Judge;

compensation .....,,._.,,..................,,................ 801, 814, 1107, 1179, 1233 HB 1655--Brooks County Tax Officials; receive tax returns
on 1st day of March .______..____. 801, 814, 1562, 1675, 1781

HB 1656--City, County Indemnity Insurance; payment of certain claims .-..._._--......._.__.........._.1212 ( 1219, 1770, 2052, 2247, 2313
HB 1658--Whitfield County Tax Commissioner; compensation ..._,,--_.,,.,,..___.._,,..._._. 801, 814, 990, 1059, 1123

HB 1659--Whitfield County Sheriff, Superior and Probate

Court Judge; compensation ......._.._..........__.801, 814, 990, 1059, 1123 HB 1660--Dalton Recorder's Court; maximum fine and
punishment _-......_.,,..-........_.,,........-._...........__. 801, 814, 990, 1059, 1123

HB 1661--Medical College Clinical Training Program;

discontinuance date -...........--..........1369, 1377, 1773, 2052, 2447, 2557

HB 1664--Ports Authority; compensation of members ....._........_._..........._._...... 983, 987, 1109, 1177, 2105, 2147, 2411

HB 1665--State-supported Military College Tuition Grants;

increase amount

1464, 1471, 2418, 2422, 3140, 3240

HB 1666--Bulloch County Sheriff's Deputies;

compensation ___.___________.__________.,___________.._________..801, 814, 990, 1059, 1124

HB 1667--Bulloch County Tax Commissioner's Assistants;

compensation ..___.........,,__........_.._.,,,,......_,,.......,, 801, 815, 990, 1060, 1124 HB 1668--Bulloch County Superior Court Clerk's Employees;
compensation ...._......_.._._-...,,_._-._-...._._._......._.. 802, 815, 990, 1060, 1124 HB 1669--Bulloch County Probate Court Judge; compensation

of clerical employees ....-....,,.--..._.._-.-.......,,._ 802, 815, 990, 1060, 1124

HB 1670--Employment Security Law; certain changes required by U. S. Secretary of Labor __...........__1238, 1282, 1671, 1776, 2105, 2148
HB 1671--Driver Improvement Act; create _-___.__-1212, 1219, 1481, 1570, 1684, 1741, 22.13

HB 1672--Danville Mayor and Councilmen; term of office ..___._..__. 802, 815, 990,

1060, 1125 HB 1673--Cobb County Civil Service Board; subpoena
powers -_......._-_.......__-_-.......--..-__-........--.802, 815, 1386, 1491, 1574 HB 1674--Clarkston Mayor and Council; terms of office ........._.802, 815, 1386,
1491, 1575

HB 1675--Downtown Marietta Development Authority; change provisions on membership .._.,,........ 802, 816, 1386, 1491, 1575

HB 1677--Treutlen County Sheriff; compensation _.____..8Q5, 816, 990, 1060, 1125 HB 1678--City of Vidalia; vote required for election

and providing run-off election .,,..-......--... 802, 816, 990, 1060, 1125

HB 1679--Uvalda Mayor and Councilmen; terms of office ............802, 816, 990, 1060, 1126

HB 1683--Person in Custody of Another; bringing into State a crime ._.._......._........_-........__.1465, 1471, 2419, 2422, 2755, 2982, 3070

HB 1684--Bulloch County Board of Commissioners; clerical assistant, compensation ...._-.....,,._-..._-......893, 904, 1051, 1115, 1180

HB 1685--Newton County Water and Sewerage Authority; administrator as member ._.._.__..-......_._..........893, 904, 1300, 1396, 1493

3418

INDEX

HB 1686--City of Porterdale; new charter .-.---- ...894, 904, 1300, 1396, 1494 HB 1687--Nonprofit Cooperative Associations; perpetual
duration _______.------_----,,.._--.1465, 1471, 1670, 1776, 2105, 2150 HB 1689--City of Nashville; new charter --------.--1463, 1473, 1771, 2055, 2229 HB 1690--City of Warner Robins; new charter __..... 894, 904, 1051, 1115, 1181 HB 1693--Adequate Program for Education (APEG) ; special
education leadership units ....1159, 1170, 1301, 1395, 1684, 1742, 2411 HB 1694--Adequate Program for Education (APEG) ; objectives
and purposes _.------------------.----.1212, 1219, 1480, 1570, 1684, 1745 HB 1695--McDuffie County Board of Commissioners;
election .._.._.--,,--------------_.------_.------.894, 904, 1051, 1115, 1181 HB 1696--Thomson Mayor and Councilmen; election ....894, 905, 1051, 1115, 1181 HB 1698--McDuffie County Board of Education;
election ..---- ------------------- 894, 905, 1051, 1116, 1182 HB 1699--Chapter on Billiard Room Regulation; not apply
to counties over 100,000 population ----------.... 1163, 1170, 2046, 2065, 2447, 2589, 3074
HB 1700--Clayton County Board of Commissioners; compensation ,,,,__..------ _._.....----._- 894, 905, 1107, 1179, 1233
HB 1701--Muscogee County State Court; compensation of Solicitor and Assistant Solicitor ....__.._._....._._ 894, 905, 2416, 2426, 2698
HB 1702--Fulton County Absentee Ballots; courthouse annex receive ____._..----_--____--_---- 1459, 1473, 2616, 2620, 3113
HB 1703--Dougherty County Probate Court Judge's compensation ------------.------------------. 894, 905, 1107, 1180, 1233
HB 1705--Screven County Small Claims Court; create ....... 895, 905, 1051, 1116, 1185, 1289
HB 1708--Revenue Department Law Enforcement Officers; assist local authorities in criminal cases ... 1369, 1378, 2044, 2066, 2247, 2349, 2356, 2413, 3023, 3345
HB 1709--Billiard Room House of Operation; not apply in certain counties -.--_--------------------------..1288, 1296, 2217, 2219
HB 1711--Public Employment Discrimination; safeguard individuals ............_...-......-.......1162, 1170, 2218, 2219, 2755, 2765, 3054, 3061, 3139, 3147, 3310, 3365
HB 1712--Troup County Small Claims Court Judge; term of office ----------------------------. 895, 906, 1300, 1396, 1494
HB 1713--Troup County State Court Judge and Solicitor; compensation ------------------------------ 895, 906, 1300, 1397, 1494
HB 1714--Troup County Coroner; compensation ---- 895, 906, 1300, 1397, 1494 HB 1715--Troup County; issuance of building
permits ......._.__........_._..........._........__.... 895, 906, 1300, 1397, 1501, 1768 HB 1716--Troup County Small Claims Court Judge;
compensation ....._.................................._...........895, 906, 1562, 1675, 1781 HB 1717--Troup County Sheriff; compensation ........... 895, 906, 1771, 2055, 2229 HB 1718--Board of Examiners for Certified Water and
Wastewater Treatment Plant Operators; termination date ................................1367, 1378, 1564, 1673, 2105, 2152 HB 1719--Houston County Coroner; compensation ___ 895, 906, 1051, 1116, 1182 HB 1721--Greene County Probate Court Judge; clerical allowance ........._.........._........_.._......._._.896, 907, 1051, 1116, 1182
HB 1722--Morgan County Small Claims Court; create .............................................................896, 907, 1051, 1116, 1183
HB 1723--Greene County Airport Authority; create __..--.--._.._._------------------------896, 907, 1051, 1116, 1183

INDEX

3419

HB 1724--Towns County Tax Collector; commissions on

taxes when collected ___._.-.._______......-.-.__... 896, 907, 1051, 1116, 1183

HB 1725--Traffic Case Appearance Bonds; who

delivers receipts -.-.-..--...-.....-.--... 1463, 1471, 2045, 2066, 3141, 3302

HB 1726--City of Pooler; abolish office of recorder ... 896, 907, 1051, 1117, 1184

HB 1727--Chattahoochee County Board of Commissioners;

compensation ..........._.._..._......__._. 896, 907, 1051, 1117, 1184

HB 1728--Motor Vehicle Accident; change provisions on

immediate reports ............. 1633, 1659, 1774, 2052, 2247, 2314

HB 1729--Heard County Commissioner; compensation ..............1036, 1047, 1224,

1303, 1398

HB 1730--Heard County Superior Court Clerk;

compensation ......_.._.............__.._........__.___.._..1036, 1047, 1224, 1303, 1398

HB 1731--Heard County Sheriff; compensation ....1036, 1047, 1224, 1304, 1399

HB 1732--Heard County Tax Commissioner;

compensation .._..._._.-.__......_...__._........__..__. ...1036, 1047, 1224, 1304, 1399

HB 1733--Heard County Probate Court Judge;

compensation ....___.._......._.__....._.._..........._.._...1037, 1048, 1224, 1304, 1399

HB 1734--Cobb County State Court; third

additional judge .__._-........_._._......__.._......_..._....__.984, 987, 1386, 1491, 1575

HB 1735--Foreign Trust Doing Business in State; subjectivity

to Business Corporation Code ............__.......__--............. 1632, 1659

HB 1736--Sheriffs; change qualification provisions .......1464, 1471, 1563, 1675,

2105, 2153

HB 1738--Property, Interest Sold at Judicial Sales;

requirements for deeds ........... ........................ 1464, 1471, 2419

HB 1739--Attestation of Deeds; seal of notary public ___._._..._..______..,__1464, 1472

HB 1744--Crawford County Tax Commissioner; compensation

of personnel

... 984, 988, 1051, 1117, 1184

HB 1745--Crawford County Superior Court Clerk's

Deputy Clerk; compensation .........__.......__._..984, 988, 1051, 1117, 1185

HB 1746--Crawford County Probate Court Judge;

compensation .....__......._.._.......___._.......__.........._..984, 988, 1051, 1117, 1185

HB 1747--Historic Chattahoochee Compact;

enact ................... ............... 1212, 1220, 1564, 1673, 1788, 2003

HB 1752--Franchise Practices Commission;

termination date ........._.._.......__..1212, 1220, 1245, 1770, 2052, 2247, 2316

HB 1753--Whitfield County Small Claims Court;

create ...._........................_...-..._.._......_.._-.984, 988, 1107, 1180, 1234, 1373

HB 1755--Liming Materials Act; change labeling

provisions ......_.................__......1369, 1378, 1478, 1570, 2447, 2591, 3070

HB 1756--Wayne County Coroner; compensation ...1037, 1048, 2216, 2223, 2434

HB 1757--Habersham County State Court Solicitor's Secretary; compensation .................... 1037, 1048, 1224, 1304, 1400

HB 1758--Gwinnett County Board of Education; salary and expense allowance ....._...._.._........_.._...._._...._..1040, 1048, 1224, 1304, 1400

HB 1760--Professional Sanitarians; fees for written examination ........................._.._........_-..._..._..._.._......1288, 1296, 1773, 2052

HB 1761--Forsyth County Board of Commissioners; salary of county administrator .......................... 1037, 1048, 1224, 1304, 1400

HB 1762--Forsyth County Superior Court Clerk, Sheriff, Probate Court Judge; salary ...................... 1037, 1048, 1224, 1305, 1401

HB 1763--Forsyth County Tax Commissioner; compensation ..............................................1037, 1048, 1224, 1305, 1401

3420

INDEX

HB 1764--Substituted Nomination by Special Primary;

vacancy occurring ____....____.....__.1655, 1659, 2418, 2422, 2756, 3009, 3369 HB 1765--Forsyth County Airport Authority;

create _____________________________.--------_______.1037, 1049, 1224, 1305, 1401 HB 1766--Paulding County Board of Commissioners;

recall provisions ----___..--_--_....----------1857, 2036, 2416, 2426, 2698 HB 1767--DeKalb County Assistant Administrators;
appointment ----------------.--------1634, 1660, 2217, 2220, 3141, 3301

HB 1769--Civil Pretrial, Trial and Posttrial Procedures; discovery against firm not party ....-.......--.........1367, 1378, 2218, 2222

HB 1770--Deeds to Secure Debt Affecting Real Estate; circumstances being unenforceable .--____...._______...________._--__ 1212, 1220

HB 1773--Spalding County Small Claims Court; change title of bailiff ................__......................___.1038, 1049, 1224, 1305, 1401
HB 1774--Law Enforcement Agency Records on Juvenile Offender; Human Resources inspect ................ 1542, 1552, 1773, 2052, 2247, 2320
HB 1775--Juvenile Court Judges; Human Resources Department inspect records ______..... 1542, 1552, 1773, 2052, 2447, 2593
HB 1777--Downtown West Point Development Authority; create _._............._-......_._........_...___.._.... 1038, 1049, 1480, 1571, 1679, 2042

HB 1780--Uniforms, Vehicular Color Similar to Police Agency; prohibit use _.__........___......----.1655, 1660, 2218, 2222, 2447, 2593, 3369

HB 1784--Clayton County Board of Commissioners; location of office --._....----._...----._.----.1100, 1104, 1224, 1305, 1402
HB 1786--Monroe County; discharge of firearm on property

of another ._.._.----------..----------..1212, 1220, 1564, 1673, 1788, 2011, 2616, 3084, 3282, 3304
HB 1787--Jones County; discharge of firearm on property

of another ........___.........___-......_..__-........1213, 1220, 1565, 1673, 1788, 2011 HB 1791--Bingo Games without License; committing certain
acts relative to commercial gambling _.......--....1160, 1170, 2218, 2222, 3140, 3248

HB 1792--Lee County Small Claims Court; change provisions relating to clerk .........____......._._.........__.........1160, 1171, 1386, 1491, 1575
HB 1793--Lee County Sheriff and Deputies; salary .._.___....._______.....----__....._...._-........_._.....1213, 1221, 1386, 1491, 1576

HB 1795--Carroll County State Court; compensation ._....-........._._.........___..........__.....1160, 1171, 1300, 1397, 1495
HB 1796--Covington Mayor and Councilmen; compensation __._-._._______._..___________________.._._._.1160, 1171, 1562, 1675, 1782

HB 1797--Health Code; insure adequate health care

services

.

1466, 1472, 1773, 2053, 2247, 2323

HB 1798--Cobb County Records and Identification Bureau; repeal Act creating ....._---......----...--..1160, 1171, 1386, 1491, 1576

HB 1799--Cobb County Sheriff's Office; change provisions on chief investigator ___......______.__._____...__.___.1160, 1171, 1386, 1491, 1576

HB 1800--City of Garden City; extend corporate limits ............1504, 1536, 2616, 2620, 3113

HB 1801--Licensing and Examining Boards; determination of fees .....................-.............--...-.-.-.1465, 1472, 2043, 2066, 2447, 2600

HB 1802--Hall County State Court Solicitor;

compensation ______.--__...._____.___----______._----1160, 1171, 1300, 1397, 1495

HB 1803--Dawson County Probate Court Judge; provide for clerk ......................................... ...__.......1160, 1171, 1300, 1397, 1495

INDEX

3421

HB 1804--Catoosa County Local Option Sales Tax; distribution of revenues .._._..._..-..._..1544, 1552, 2043, 2066, 2447, 2603
HB 1805--Illegitimate Person; may inherit from his or her father -.--.--._-.--.-.--._---_.....-.-...-.--1463, 1472, 2218, 22.22
HB 1806--Albany-Dougherty Hospital Authority; appointments and filling of vacancies ...._.----.--.1161, 1172, 1670, 1776, 2076, 2303
HB 1807--Medical Assistance Department; seek reimbursement for medical assistance to person ---1544, 1552, 2419, 2422, 3141, 3265
HB 1808--Hospital Insurance Policy; no benefit reduction for medical assistance ----..-1545, 1552, 2043, 2066, 2447, 2605, 3073
HB 1809--Sports Hall of Fame Board; create .----.------------.------...------1466, 1472, 2045, 2062, 2447, 2612
HB 1811--Resource Recovery Development Authorities Law; create .----..--------__----------------1655, 1660, 2217, 2220, 2447, 2612
HB 1812--Chattooga County Board of Education; compensation ..----1213, 1221, 1386, 1492, 1577, 1582, 1669, 1680, 1767
HB 1813--Savannah Office of Commissioner for the Poor; create _..--------_----.--.------.----.........1213, 1221, 1386, 1492, 1577
HB 1814--Butts County Sheriff; compensation ....1213, 1221, 1386, 1492, 1577 HB 1815--Code Chapter on Architects; include regional,
urban planners ------_----.----._----1463, 1472, 2217, 2220, 3140, 3219 HB 1817--Board for the Certification of Librarians;
appointment of members ......_......._.._........_......._.1655, 1660, 2044, 2062 HB 1818--Motor Vehicle Safety Responsibility Act;
security provisions ............... 1634, 1660, 1774, 2053, 2447, 3141, 3335 HB 1820--Motor Vehicle Use by State Officials; change
mileage allowance rate ............1465, 1472, 1769, 2053, 2756, 3029, 3369 HB 1821--Hall County; special districts for providing sewer
and water service --------..----.----1213, 1221, 1300, 1397, 1496 HB 1825--Habersham County Small Claims Court;
create ......_------.--------.--------------1214, 1221, 1301, 1397, 1496 HB 1826--Elected County Sheriffs; special auto
license plates ........................1632, 1661, 2048, 2062, 2447, 2755, 2781 HB 1833--City of Forsyth; publication of notice to
adopt ordinances .....__........._........_................1214, 1222, 2043, 2068, 2238 HB 1834--Monroe County Sheriff; appeal to Grand Jury over
salary disputes -----------.----.----1214, 1222, 2043, 2068, 2238 HB 1836--Motor Vehicle Accident Reparations Act; change
abrogation provisions ............1542, 1553, 1774, 2053, 2247, 2324, 2600 HB 1837--Bad Checks; include rent checks under Code Section ........ 1542, 1553 HB 1838--Appointment of Guardian for Insane; full and fair
hearings and notice .........................1544, 1553, 2617, 2618, 3140, 3202
HB 1839--Development Authority Law; mechanism for community to stimulate economic growth ....1545, 1553, 2045, 2062, 2247, 2325, 2366
HB 1840--Residential Finance Agency; proportions of units financed by agency ....................1542, 1553, 2043, 2066, 2447, 3140, 3242
HB 1841--Fayette County Coroner; compensation -.1284, 1297, 1562, 1675, 1782
HB 1842--Wilkes County Coroner; compensation ....1284, 1297, 1562, 1676, 1782
HB 1844--Cobb County State Court; more than one chief deputy clerk ._....._.... _._._. ._.__.. .._._..------------....1283, 1297
HB 1845--Brunswick Judicial Circuit; terms of Superior Courts ....._.......__........._.......1465, 1473, 2046, 2066, 2247, 2326
HB 1846--Board of Community Affairs; payment of expenses of members ........................1634, 1661, 2045, 2062, 2247, 2330

3422

INDEX

HB 1847--Pike County Small Claims Court; jurisdictional limit -_-._______--.____.____._..-______1283, 1297, 1771, 2055, 2229
HB 1848--Superior Court Clerks; may record criminal cases on microfilm ___.________1542, 1553, 2046, 2066, 2447, 2756, 3005, 3073
HB 1849--Buses Operated for Youth Organization Chartered by Congress; operating fee ..._-_....-...._........__....._..1635, 1661, 1774, 2053
HB 1850--Pike County Board of Commissioners' Clerk; repeal Act on salary .................__.....__......._..1283, 1297, 1771, 2056, 2229
HB 1851--Brantley County Sheriff; number of deputies and compensation .__..................___....__..1364, 1378, 2216, 2223, 2440, 3069
HB 1852--Brantley County Certain Officials; compensation of personnel ....__...........__......__.......__...___..._.__.1364, 1378, 2216, 2223, 2434
HB 1853--Brantley County Board of Commissioners; compensation ......_....__....._.......__...............__.1364, 1379, 2216, 2224, 2434
HB 1854--City of Rentz; new charter ........... 1283, 1297, 1480, 1571, 1680 HB 1856--Mitchell County Board of Education;
compensation ......_.....__......,......__......_._.....___.1283, 1297, 1562, 1676, 1783 HB 1858--Moped; exempt from motor vehicle registration
and licensure provisions ...._.......___...._1656, 1661, 1774, 2053, 3140, 3259 HB 1860--Stephens County State Court Judge, Solicitor,
Solicitor Pro Tempore; compensation ..,1364, 1379, 1562, 1676, 1783 HB 1861--Franklin County Sheriff; number and compensation
of deputies and personnel ._...._.._......._......1364, 1379, 1562, 1676, 1783

HB 1862--Bulloch County Small Claims Court; create .__._........__...-..-_.__......_........__..-...._._-.-......1364, 1379, 1563, 1676, 1783

HB 1863--Grady County Sheriff; compensation ... 1364, 1379, 1563, 1676, 1784

HB 1864--City of Cairo; change provisions on executions for claims due city _.__._-___.._____._______._._..______.1364, 1379, 1563, 1676, 1784

HB 1865--Hart County Board of Commissioners;

create ,,...-..--

1365, 1380, 1563, 1676, 1784

HB 1866--Montgomery County Sheriff; compensation of secretary ...._. ....--....--...-...-..- 1365, 1380, 1563, 1677, 1785

HB 1868--City of Thomaston; change incorporation provisions ....._.........-.__....____-....-...................1365, 1380, 1771, 2056, 2230

HB 1870--Liberty County Superior Court Clerk; compensation __.......__........._.........__.....1365, 1380, 2616, 2620, 3085, 3368

HB 1871--Liberty County Sheriff; change annual salary ........__......,-_-_..-__.-..--..._..-.-.....-1365, 1380, 2216, 2224, 2435

HB 1872--Liberty County Probate Court Judge's Clerk; compensation ....._...................__......__.....__..._..1365, 1380, 2416, 2427, 2698

HB 1873--Severance of Coal Products; impose State tax _.-.....___....._..1464, 1473

HB 1874--Residential Finance Authority Act; change composition . .... 1541, 1553, 2043, 2067, 2756, 3033, 3202, 3210

HB 1875--Griffin Judicial Circuit; supplement to salary of Judges and District Attorneys -_....--...._..._.......__.....1459, 1474, 1670, 1776, 2072

HB 1876--Decatur County Sheriff; annual salary __..1365, 1380, 1563, 1677, 1785

HB 1877--Spalding County Board of Commissioners; compensation __...................___......__._...._.........1365, 1381, 1563, 1677, 1785

HB 1878--Spalding County Coroner; compensation ....................... 1366, 1381, 1563, 1677, 1785

HB 1879--Spalding County; establish fire protection districts _..._-..._..__-_.___.....__...-...._.-...._...-.._..1366, 1381, 1563, 1677, 1786

INDEX

3423

HB 1880--Fairburn Recorder's Court; penalties for violation of city ordinance .............__.__.........-._........._._..1856, 2036, 2416, 2424, 2625
HB 1881--Palmetto Councilmen; change provisions on qualifications and office terms ....... 1856, 2036, 2616, 2620, 3114
HB 1882--State Purchasing; solicitation of bids by advertisement .....__..__.__.._._.._..____._..1465, 1473, 1563, 1674, 2105, 2154
HB 1884--Rockdale County; fees payable to for collection of education taxes by Tax Commissioner -.1366, 1381, 2216, 2224, 2435
HB 1885--Rockdale County State Court; create .-_._...-_.._.l'366, 1381, 2216, 2224 HB 1886--Rockdale County Board of Commissioners;
audits ......._.......__-.........__.-......._.__-......__-...1366, 1381, 2216, 2224, 2435 HB 1887--City of Conyers; new charter ___-....1366, 1381, 2216, 2224, 2441, 2600 HB 1888--Griffin Industrial Building Authority; further define,
enlarge powers and duties ..____...........__.__..1366, 1382, 1771, 2056, 2230 HB 1890---Douglasville Councilmen; number of votes needed
to elect _-......_........._..........._........__........_..__....1366, 1382, 1563, 1677, 1786 HB 1891--Spalding County Government Authority Members;
reimbursement of expenses _._____.______..___.___.2551, 2569, 2616, 2621, 3114 HB 1892;--Grady County Small Claims Court; repeal Act creating ___.1541, 1554 HB 1893--Elbert County Small Claims Court; change cost
of service provisions .__.______.._.___._________.___.____1460, 1474, 1771, 2056, 2230 HB 1895--Pike County Coroner; compensation __-____.1460, 1474, 1771, 2056, 2231 HB 1897--Long County Board of Commissioners; fix
compensation of clerk .__........__........__._...1460, 1474, 2416, 2427, 2699 HB 1898--Long County Tax Commissioner; receive additional
compensation on taxes collected ......___-...._.1460, 1474, 2216, 2224, 2436 HB 1899--Long County Probate Court Judge's Clerk; Board
of Commissioners fix salary ____.__._____._._._.__._1460, 1474, 2416, 2427, 2699 HB 1900--Long County Deputies; Board of Commissioners
fix compensation __-....-._.......-_-.-.....-__.......-_.....1460, 1475, 2416, 2427, 2699 HB 1901--Long County Superior Court Deputy Clerk; Board
of Commissioners fix salary .....__..--..-_.._..1460, 1475, 2416, 2427, 2700 HB 1902--Long County State Court Solicitor; Board of
Commissioners fix compensation .....__.._..1460, 1475, 2416, 2427, 2700 HB 1903--Long County Sheriff's Clerk; Board of
Commissioners, fix salary ___._.._.__.___.___.___.1461, 1475, 2216, 2224, 2436 HB 1905--Ambulance Service Regulation; certain emergency
vehicle exempt ____.___..___..__.-._..__...-___..1633, 1661, 2419, 2422, 3140, 3238 HB 1907--Richmond County; change salary of certain
elected officials .__......__.......__._..1367, 1382, 1670, 1776, 2077, 2410, 2457, 2598, 2604, 2951, 3076
HB 1908--Augusta Fire Department; qualification rules established by City Council ....._.._-.. 1367, 1382, 2416, 2427, 2700
HB 1909--Augusta-Savannah River Parking and Urban Redevelopment Authority; change name ... 1367, 1382, 2416, 2427, 2701
HB 1910--Richmond County Sheriff of Civil Court; change name _...._...._._...._._-..............._...-..._.1367, 1382, 1670, 1776, 2072
HB 1912--Sumter County State Court Judge and Solicitor; compensation -...._-.....-........_...__._-....-_-..__..1461, 1475, 1670, 1776, 2073
HB 1913--Mitchell County Small Claims Court; change jurisdictional amount .._._........_............._...1461, 1475, 2617, 2624, 3117
HB 1915--Suwanee City Clerk; change office from elective to appointive ______..-_-_..__-__.--~_--~--1461, 1476, 1670, 1776, 2073
HB 1921--Haralson County Commissioner; compensation ....._......................_-............._1461, 1476, 1670, 1777, 2073

3424

INDEX

HB 1922--Chatham County Officers and Officials;
compensation .....--...-._._..-....____....___._..._-_._.__1856, 2036, 2416, 2428, 2701 HB 1923--City of Smyrna; increase corporate limits ......__.....___1538, 1555, 2216,
2225, 2436 HB 1924--Morgan County Alcoholic Beverage Sale; approve
on premises _._..........__..._.....1538, 1555, 2217, 2222, 2447, 3140, 3205, 3369 HB 1926--Pickens County Superior Court Clerk;
compensation .........._.....__..................._..........1538, 1555, 1771, 2056, 2231 HB 1927--Pickens County Commissioner;
compensation ....._......._......-__......._.___.....__......1538, 1555, 1771, 2056, 2231 HB 1928--Pickens County Sheriff; compensation ....1538, 1556, 1771, 2056, 2231 HB 1929--Pickens County Probate Court Judge;
compensation .........._......_.........._.......__......_.._1538, 1556, 1771, 2056, 2232 HB 1930--Pickens County Tax Commissioner;
compensation ._.____.______.___._____.._..._______._______.1538, 1556, 1771, 2057, 2232 HB 1931--Lincoln County Small Claims Court; change
civil jurisdiction ....-.-.....^.....__..-__.._.-._......1538, 1556, 1771, 2057, 2232 HB 1932--Columbia County Board of Education;
compensation _._........_...._............__................1539, 1556, 1771, 2057, 2233 HB 1933--Columbia County Board of Commissioners; provide
for recall .__...-_..____.._..___....___..._.....__._. ...__....1539, 1556, 1771, 2057, 2233 HB 1934--City of Varnell; de-annex certain property
from corporate limits .............._._...._... 1539, 1556, 1771, 2057, 2233 HB 1935--Wayne County State Court Solicitor;
compensation ...,,-..--._.-,,._.,, ...........1539, 1557, 2216, 2225, 2437 HB 1936--Butts County School Board; selection on an
at-Iarge basis -...--.......-...._..._...._. 1539, 1557, 1771, 2057, 2234 HB 1937--Department of Community Affairs; responsible for
certain services to local governments ................1544, 1554, 2045, 2063, 2447, 2755, 2986
HB 1938--City of Alapaha; change corporate limits ................1461, 1476, 1771, 2057. 2234
HB 1939--Tift County; power to collect business license fees action of Board of Commissioners _..----.----....,,_--.._.__.,,.--.....1461, 1476
HB 1940--Tift County; change time for making tax returns ---......-...1461, 1476
HB 1941--Clarke County Board of Commissioners; compensation ..............................................1539, 1557, 1771, 2057, 2234
HB 1942--Clarke County Magistrate's Court and Recorder's Court; enumerate certain fees ...---.--...-1539, 1557, 1771, 2058, 2234
HB 1943--Dade County Commissioner; compensation _.--..--......1539, 1557, 1771, 2058. 2235
HB 1944--Chickamauga Recorder; provide for election ............1540, 1557, 1771, 2058, 2235
HB 1945--DeKalb County Malt Beverage Sale; change times during which it may be sold .......................1462, 1476, 2617, 2618, 3141, 3332, 3338
HB 1946--Fayette County Public Facilities Authority; create _________._____...____._________._.__.________.____.__.1462, 1476, 1670, 1777, 2074
HB 1947--Fayette County Board of Commissioners; reimbursement for expenses .........._......--___ 1462, 1477, 1670, 1777, 2074
HB 1948--Fayette County Tax Commissioner; pay educational taxes collected to Board of Education ... 1462, 1477, 1670, 1777, 2074
HB 1949--Fayette County Board of Commissioners; election ............................................................1462, 1477, 1670, 1777, 2075

INDEX

3425

HB 1950--Fayette County Small Claims Court; change qualifications of judge -.------...--------1462, 1477, 1670, 1777, 2075
HB 1951--Fayette County Superior Court Clerk; compensation ----------------------------2136, 2206, 2416, 2428, 2701
HB 1952--State Financing and Investment Commission Act; change definitions --____--.___--_-----------------.1544, 1554, 2415, 2422
HB 1953--Nonprofit Corporation Previously Contracting with State; exempt report requirements ._...--1633, 1661, 1769, 2054, 2247, 2331, 2600
HB 1954--Carrollton Board of Education; election ^1540, 1557, 1771, 2058, 2235 HB 1955--City of Carrollton; change provisions on
city elections .__._...--_.___--___------------.--.1540, 1558, 1771, 2058, 2236 HB 1957--City of Mt. Zion; new charter ------------1540, 1558, 1771, 2058, 2236 HB 1958--Administrative Services Department, Fiscal Division
Director; transfer functions of payment --------------..1633, 1662 HB 1960--Twiggs County Board of Commissioners of Roads
and Revenues; recall __,--------..--------.1540, 1558, 1671, 1777, 2075 HB 1962--Catoosa County Commissioner; amount paid for
clerical assistance --_--...----------------1540, 1558, 1771, 2058, 2236 HB 1963--Catoosa County Tax Commissioner;
compensation .....................,,----...--__----.1540, 1558, 1771, 2058, 2237 HB 1964--Catoosa County Sheriff; change salary --1540, 1558, 1772, 2059, 2237 HB 1965--Catoosa County Probate Court Judge; allowance
for clerical help .--_..------------------..--..1541, 1558, 1772, 2059, 2237 HB 1966--Macon County Tax Receiver and Collector; consolidate ......------------
offices into Tax Commissioner --------1541, 1559, 1772, 2059, 2237 HB 1967--Water Quality Control Project Loans Under Federal
Act; approval --------------1633, 1662, 2046, 2067, 2247, 2332, 2600 HB 1968--Hall County Board of Commissioners; boundaries
of districts ......--_..--..----------.------.. 1620, 1662, 2216, 2225, 2437 HB 1969--Bacon County Sheriff; appoint three deputies ----1620, 1662, 2416,
2428, 2702 HB 1970--Bacon County Small Claims Court; cost
of filing claims ..------...--...--_--.............. 1620, 1662, 2416, 2428, 2702 HB 1972--City of Molena, Mayor and Aldermen; change
terms .........___--...--.....___.----------1620, 1662, 2416, 2428, 2712, 3070 HB 1975--Clarke County School System; use of taxes
levied thereunder ....------..___.........--........1620, 1662, 2418, 2428, 2711 HB 1978--Richmond County Taxes for School Purposes;
fees for collections ......__........___...-._ 1541, 1559, 2043, 2068, 2242, 3074 HB 1979--Bartow County Coroner; compensation ... 1541, 1559, 1772, 2059, 2238 HB 1980--Rockdale County Magistrate's Court; create ....1641, 1559, 2216, 2225,
2684, 2946, 2975 HB 1986--City of Marietta, Mayor and Councilmen;
compensation ----------_------__----1619, 1664, 2216, 2225, 2442, 2599 HB 1987--City of Austell, Mayor and Councilmen;
compensation .........._.........____--..................1619, 1664, 2043, 2068, 2239 HB 1989--Deeds to Secure Debt on Real Property; certain
limitations ........----........----------....----------...--------..--1619, 1663
HB 1991--Meriwether County Sheriff; compensation --------.1619, 1663, 2043, 2068, 2239
HB 1992--Sumter County Superior, State Court Clerk's Deputies; compensation .........----....----1619, 1663, 2043, 2068, 2239
HB 1993--Sumter County Sheriff; change annual salary ----------...----------__....................1619, 1663, 2043, 2069, 2240

3426

INDEX

HB 1994--Sumter County Tax Commissioner; receiving

commissions .._..-..............._......._...............1619, 1663, 2043, 2069, 2240 HB 1995--Pike County Board of Commissioners;

compensation ........_._............._....._.._.............1618, 1664, 2416, 2428, 2702 HB 1996--Barrow County Board of Commissioners' Chairman;
compensation ___.______.___._______________________.___.___.1618, 1664, 2417, 2429, 2702

HB 1997--Barrow County Tax Commissioner;

compensation .........___............__._....._.._.__......1618, 1664, 2417, 2429, 2703

HB 1998--City of Chamblee; increase fine and imprisonment and change penalties ....._.__......._._.............1618, 1664, 2216, 2225, 2437

HB 1999--City of Lavonia; provide for post positions ___.__, 1618, 1664, 2043, 2069, 2240
HB 2000--Crawford County Small Claims Court;

jurisdiction .-._-....-..-_......_-._.._......._.___.......1619, 1665, 2417, 2429, 2703 HB 2002--Counties Comprising Tallapoosa Judicial Circuit;
provide for superior courts ...._.--_._--.,,___,,----.__....----__._..... 1856, 2037

HB 2004--Grady County Small Claims Court; create ........_.......1618, 1665, 2043,

2069, 2241

HB 2005--Jefferson Mayor; eligible to succeed himself ......._ ,,.....___ 1618, 1665, 2216, 2225, 2437
HB 2006--City of Sharpsburg; new charter ........___..... 1618, 1665, 2043, 2069, 2241
HB 2008--City of Sky Valley; incorporate -..__.._--.- 1712, 1758, 2043, 2069, 2241 HB 2011--City of Hoschton; new charter __ .. 1620, 1665, 2216, 2225, 2438

HB 2013--Taylor County Sheriff; compensation _...... 1713, 1758, 2044, 2069, 2241

HB 2014--Glynn County Probate Court Judge's

Deputies; compensation _ _ . _.

1713, 1758, 2417, 2429, 2703

HB 2015--Glynn County State Court Clerk and Deputies; compensation ......_........................ 1713, 1758, 2417, 2429, 2704

HB 2016--Chatham County Board of Elections; filling vacancy in office of chairman ..._.___.__._...i713, 1758, 2216, 2225, 2438

HB 2017--Walker County Development Authority; powers
enumerated under Development Authority Law ......_._........_._..._........._........_..._.._.._.....1713, 1758, 2044, 2069, 2242

HB 2018--City of East Point; add to existing charter ____.__._.__-.-.__---.1857, 2037

HB 2019--City of Tallapoosa; provide certain gas, water,

sanitation funds ..........................._.-.-......1713, 1759, 2044, 2070, 2242

HB 2020--City of Manchester; change method for run-off

elections ..-......,,_...__....,,.._..._.,,_..._._-........-..,,..-....... 1713, 1759, 2044, 2070

HB 2021--Upson County Sheriff; compensation _,,_._. 1714, 1759, 2417, 2429, 2704

HB 2022--City of Warner Robins; change

corporate limits __-._.........._-..__..._-.........-.....1714, 1759, 2216, 2226, 2438

HB 2023--Upson County Sales Tax; additional one

percent

_ _ .,,

.

2345, 2407, 2616, 2621, 3114

HB 2025--Warren County Superior Court Deputy Clerk; compensation _._._____._____.___-~.___.___._.____..____-____.2137, 2206, 2616, 2621, 3115

HB 2026--Warren County Tax Commissioner; compensation ............___....._...............................2137, 2206, 2616, 2621, 3115
HB 2027--Warren County; employ full-time policeman ,,...__.......,,..__._. 2137, 2206

HB 2028--City of Lincolnton; change provisions on temporary loans .,,..,,,,_,,... ,,,,,, 2137, 2206, 2417, 2429, 2704
HB 2029--Lincoln County Board of Commissioners of Roads and Revenue; compensation ._..__. 2137, 2206, 2417, 2429, 2705

HB 2030--Warren County Probate Court; compensation of clerical help __.._._______.__.__._______..__________________.2137, 2207, 2616, 2621, 3115

HB 2031--Lincoln County Probate Court Judge; provide annual salary ..............._-....._...._._.....__-.....2137, 2207, 2417, 2430, 2705

INDEX

3427

HB 2032--Lincoln County Superior Court Clerk; provide

annual salary ........._...._.___._. 2137, 2207, 2417, 2430, 2705

HB 2033--Lincoln County Tax Commissioner;

compensate ................ 2138, 2207, 2417, 2430, 2706

HB 2034--Lincoln County Sheriff; compensate ._..... 2138, 2207, 2417, 2430, 2706

HB 2035--Lincoln County Treasurer;

compensate ......... .

. . 2138, 2207, 2417, 2430, 2706

HB 2036--Butts County Probate Court Judge;

minimum salary . .__.._._.

.. 1857,2037,2417,2430,2706

HB 2037--Hancock County Board of Commissioners'

Chairman; compensate ___________________________________..._._......__...........1857, 2037

HB 2038--Troup County Alcoholic Beverage Sale on

Premises; authorize ......_._.......................______._... ..........,...._._.__.. 1857, 2037

HB 2039--Chatham County Water and Sewer Authority;

number of members

..

1857, 2037, 2616, 2621, 3116

HB 2040--Haralson County Treasurer; compensate ... 2138, 2208, 2417, 2430, 2707

HB 2041--Franklin County Small Claims

Court; create ......................... 1857, 2037, 2417, 2431, 2707

HB 2042--Marion County Tax Commissioner; hire

clerk

........_.__._....__.1857, 2038, 2216, 2226, 2439

HB 2043--Glynn County Sheriff; employ additional

personnel .........____-.._...._____-._._._.___........______.._..1858, 2038, 2417, 2431, 2707

HB 2044--Sumter County Board of Commissioners;

compensate ... .. .. .....____..-1858, 2038, 2216, 2226, 2439

HB 2048--City of Byron; repeal provisions on mayor's court

and create recorder's court _._.........._.._...... 2138, 2208, 2417, 2431, 2708

HB 2049--Gilmer County Commissioner;

compensate ......... 2138, 2208, 2417, 2431, 2708

HB 2050--Gilmer County Superior Court Deputy Clerk;

compensate ....-_..._-.........._..___._._.....-_-__.-_-.-.2138, 2208, 2417, 2431, 2708

HB 2051--City of Bloomingdale; change

corporate powers .............. 2138, 2208, 2417, 2431, 2708

HB 2052--City of Bloomingdale; redefine

corporate limits ...... ......... ............... ..._._.._._.. 2139, 2208, 2417, 2431, 2709

HB 2053--Bloomingdale City Police Court; change

jurisdiction ............__...._........._._.......-.-..._.-.2139, 2208, 2417, 2431, 2709

HB 2054--City of Gainesville; change corporate

name ._..............____...............-__...........-.-_-_.--2139, 2209, 2417, 2431, 2709

HB 2055--Gainesville Redevelopment

Authority; create .........

2139, 2209, 2417, 2432, 2710

HB 2057--Paulding County Board of Commissioners;

compensation .........._._.___............._..-__.__...._... 2139, 2209, 2616, 2621, 3116

HB 2058--Columbus City Court Judge; compensation ................2139, 2209, 2616,

2622, 3116

HB 2059--Laurens County Probate Court Judge;

compensation .._.__,,............._.._._._.......--..-.2139, 2209, 2417, 2432, 2710

HB 2060--Appling County Commissioner;

compensation ..... .

..... 2139, 2209, 2417, 2432, 2712, 3071

HB 2061--Appling County Superior Court Clerk and

Sheriff; compensation _...._..___............ 2140, 2209, 2417, 2432, 2713, 3071

HB 2062--Appling County Sheriff; compensation ....___..._.............__..._................... 2140, 2210, 2417, 2432, 2710

HB 2063--Appling County School Tax; collections and remittance .__._________...._.__...__~~-__..__.--__.__--.2140, 2210, 2417, 2432, 2710

HB 2064--Appling County Probate Court Judge; compensation ._........._..__....._...-__.....-..-....._.2140, 2210, 2417, 2432, 2711

3428

INDEX

HB 2065--Appling County Tax Commissioner;
compensate ____.___________________.___.2140, 2210, 2417, 2432, 2714, 2946, 2948 HB 2066--Laurens County; alcoholic beverage sale on
premises certain clubs __........_......___._ 2140, 2210, 2617, 2618, 3140, 3209 HB 2069--Brunswick Police Court Recorder; change
residency requirements ___.__,,__.,,.___,,___.,,___. 2256, 2407, 2616, 2622, 3117 HB 2070--Mclntosh County Commissioner Districts; create ________-2256, 2407 HB 2071--City of Savannah; abolish certain
offices _._______.-.___.-. 2256, 2407, 2616, 2622, 3086, 3369 HB 2072--City of Young Harris; change date of
election ___._._,,_--__.-,,-.__-_--.___--,,.- 2256, 2408, 2616, 2622, 3088, 3369 HB 2077--City of Albany; change corporate
limits ______._.___._______.____________-._--_--2499, 2553, 2616, 2622, 3117

INDEX

3429

HOUSE RESOLUTIONS

HR 30--Intangible Property Tax; payment of less than
$5 exempt ------------------------1656, 1665, 2043, 2067, 3140, 3224 HR 39--State Employees; mandatory retirement
because of age prohibited ____..._ --...--------................965, 978, 2418, 2433 HR 40--Fulton County Employees; increased benefits
for those retired ---------------------- -- 2499, 2553, 2617, 2622, 3150 HR 49--DeKalb County Property Tax; exempt certain
improvements -------------------------- 31, 42, 1010, 2216, 2515, 3072 HR 60--Mr. Richard H. Culberson;
compensate __..----___----_----__---------- 1287, 1298, 1385, 1488, 1753 HR 81--Ad Valorem Tax on Boats; time and method of
payment changed ----------------------1548, 1559, 2043, 2067, 2247, 2352,
2500, 2569, 3024, 3027 HR 85--Swine and Bovines; exempt from ad
valorem tax ------------------1041, 1049, 1479, 1571, 2105, 2155, 3072
HR 122--State Auditor; fix date for nomination and election --...----------------------------------------__------No action in 1978
HR 125--Natural Gas; relative to regulation of ,,_----_________--No action in 1978 HR 162--Redevelopment Programs; cities and counties
authorized to establish --------------.178, 182, 1051, 1114, 1308, 1347, 1363, 1404, 1451, 1548
HR 163--Cobb County; homestead exemption --------------------_437, 618, 1030 HR 227--Medicaid Programs; urge federal government to
make funds available to certain providers ,,.------_......31, 42, 2419

HR 229--Upson County Homestead Exemption; provisions for disabled ------.------_.----.._..___,,_...._------No action in 1978

HR 237--Properties Commission; reduce number of votes required for contract approval ..------.688, 697, 1052, 1114, 1308, 1338

HR 238--Lobbyists; General Assembly regulate ------------__..._...31, 42

H"R 239--DeKalb County Justices of the Peace; jurisdiction ----------------------------.658, 666, 1480, 1571, 2022, 2215

HR 256--Committee to Study Bait Shrimping and Commercial Fishing; create ----------------------------___-31, 42

HR 272--Turner County; property transfer to Grady and Cortez Sconyers ...----------.------....----.31, 42, 1053, 1127, 1153, 1767

HR 293--City of Thomaston; homestead exemption ....------.No action in 1978

HR 310--Richard B. Russell Dam; supporting construction of _..__----31, 42

HR 318--City of Columbus; methods of amending charter .--No action in 1978

HR 376--Education Board; urged to make changes in special education program ----------_------,,------__----.----.735

HR 427--Notifying Senate that House has convened --.----....--....._.--------.26

HR 428--Notifying Governor that General Assembly has convened -------------------------------------------------------------26, 27

HR 431--Joint Session; State of the State Message from Governor Busbee --------------------------_._.._.,,._.._.----26, 61, 62

HR 432--Joint Session; Budget Message from Governor Busbee __-------------------------------------_-27, 61, 95, 96

HR 436--DeKalb County Homestead Exemption;

62 year olds

. -82, 86, 1427, 2216, 2226, 2518, 3023, 3041, 3138,

3187, 3223, 3365

3430

INDEX

HR 438--Human Resources Department; service program

for displaced homemakers ______.__._. 727, 733, 1302, 1396, 1684, 1746, 2042

HR 439--Tom Suther; compensate .........._......_...____._ 1621, 1667, 1769, 2054, 2356

HR 442--Dr. John S. Austin, Jr.; compensate ......1621, 1667, 1769, 2054, 2357

HR 444--Nonprofit Bingo Games; General

Assembly regulate ...... .-....._... 1164, 1172, 1564, 1673, 2104, 2109

HR 445--State Constitution; revise Article II relating to

Elective Franchise .__...__.._.... 727, 734, 1174, 1228, 1308, 1362, 1404, 1446

HR 447--Code Revision Commission; membership for Senior

Judge, authorize execution of a contract ..-.-......._...82, 86, 368, 411, 622,

671, 708, 711, 806

HR 450--Southern Bell; appreciation to E. R. Weldon,

John Rains and John Humphries ,,--........,,._..._.._........_.___..._____ ____52, 61

HR 451--Georgia Dental Health Day; designate ...._ ---,,,,.-........ 52, 60

HR 455--Gwinnett County Justice of the Peace; dollar

amount of civil case

..........___..........._ 104, 106, 184, 217, 469, 1339

HR 456--Mrs. Herbert C. Millkey, Sr.;

compensate ___... ................ 1621, 1667, 1769, 2054, 2358, 3259

HR 457--Ms. Susan W. Ivey; compensate . ........... 1287, 1298, 1769, 2054, 2359

HR 458--Veterans; free tuition in University System unit,

certain cases _.__._.___.___________..__________.___.____._____._._..._______________.___._._____. 1548, 1559

HR 459--Sunset Legislation; change termination date for

Building Administrative Board ....... 364, 367, 1052, 1114, 3140, 3230

HR 464--Property Transfer; disposal of tract in Whitfield

County authorized ............. 691, 698, 1053, 1115, 1404, 1439

HR 466--Ms. Janet Holder; compensate __.......,____ 1287, 1299, 1385, 1488, 1753

HR 468--Miss Henrietta Young; compensate ........... 1287, 1299, 1385, 1488, 1754

HR 471--Gwinnett County Board of Education;

compensation without referendum .__..._............ 178, 183, 367, 411, 1032

HR 474--Nancy B. Peeples; compensate ............._.._.. 1287, 1299, 1385, 1488, 1755

HR 475--Jerry L. Fowler; compensate . ..______......._. 1621, 1667, 1769, 2054, 2360

HR 478--State, County, City Public Officials; provide

for recall ...

1164, 1172, 1387, 1488, 1788, 2004, 2214

HR 479--Constitutional Amendments; effective

date

_

1288, 1298, 2419, 2423, 2755, 2976

HR 480--Constitutional Revision Committee; change

provisions relative to study committees ............1164, 1172, 2048, 2071,

2247, 2333

HR 481--Ms. Pat Kleinhans; compensate ............... 1287, 1299, 1770, 2054, 2361

HR 482--Property Tax; exempt nonprofit corporation encouraging cooperation of parents and teachers ------- 1287, 1298, 2415, 2423, 2756, 2987, 3071

HR 483--Mrs. George Ellis Martin; compensate ........1287, 1299, 1385, 1488, 1756

HR 485--Bibb County Homestead Exemption; include some cooperative ownerships _._--..._.----..... 204, 212, 1066, 1224, 1305, 1526

HR 490--Board of Geologists Examiners; continuing .._._..__...___.......---.._.__----805, 810, 1053, 1115, 2756, 3036

HR 497--Farmers' Participation in American Agriculture Movement; recognize ------------....-- -----------... 122, 212, 218

HR 498--Honorable Kenneth J. Nemeth; commend ----......--........---122, 131

HR 499--Legislation to Reduce Flow of Illegal Aliens; urge Congress to enact ------------------------------ 122, 1174, 1235

HR 503--Major E. D. Mink; regrets at passing __-....._._--......-....----.122, 131

HR 505--Wilson A. Nantz; compensate ....................1622, 1667, 1770, 2054, 2361

INDEX

3431

HR 506--Golden Isles Highway; designate certain

highways ________ 1372, 1382, 1565, 1674, 2247, 2334

HR 510--Honorable Thomas B. (Bert) Lance; joint

session to hear address __.___.__-.._...___..__.___,__.______.____________._._. 178, 186

HR 511--Wesley Duffey; compensate ,,.-...___ 1287, 1299, 1770, 2054, 2362

HR 512--Homestead Exemption; increase for certain

disabled veterans ...... .. 609, 616, 817, 912, 1064, 1093, 1126, 1127, 1467

HR 514--Bartow County; easement of air rights over and

across certain property ._.._..____..._..... ... 985, 988, 1389, 1488, 2105, 2160

HR 515--DeKalb County Justice of Peace; dollar amount

of civil cases .......... _..._-_-.._.._._.__..-..._____.__________________.___.____,, ________.658, 666

HR 517--Harold Norris; compensate _________..._____..... 1287, 1299, 1385, 1488, 1756

HR 518--Property Transfer; Bainbridge, conveyance of

interest in certain real property ___........ 691, 698, 1053, 1115, 1404, 1445

HR 522--County Boards of Education; recall of

elected members -..._._.........___.__..........._____............____..... 805, 811, 1174, 1228

HR 527--Property Transfer, Boys Estate, Inc.; conveyance

of interest in certain real property ....1041, 1049, 1389, 1489, 2105, 2163

HR 528--Butts County Homestead Exemption; certain

property ......_.........__..___.._.._ 659, 666, 2417, 2433, 2743

HR 530--Macon Homestead Exemption; 65 year olds

income under $4,000 ....................___..__.................659, 666, 990, 1060, 1355

HR 532--Innocent Victims of Crime;

compensation _____ ........._....__._............. 1429, 1457, 2218, 2222, 3140, 3188

HR 542--Catoosa County; disposal of tract of State-owned

property authorized ...... ......... ______ 1547, 1560, 2047, 2067, 3141, 3337

HR 543--Richmond County; acquire incinerators, garbage,

refuse facilities ..........

......... 659, 667, 2044, 2070, 2366

HR 544--Property Transfer; Hinesville, conveyance of

certain real property .... .................... 1041, 1049, 1565, 1674, 2105, 2164

HR 545--Clarkesville Homestead Exemption;

65 year olds ________.___................____..._.................._.___ 687, 698, 908, 993, 1357

HR 546--Lanier County Justice of Peace; increase civil

jurisdiction .....______________...-........________________.___._.._....._.687, 698, 817, 912, 1034

HR 548--Hog Cholera; eradication ......................... 393, 398, 407, 412

HR 549--Chatham County-Savannah School Systems;

exemption from Constitutional provisions

removed .___________.___.........-._._______________..__......-.-...... 688, 698, 1051, 1117, 1359

HR 550--Pike County; requirements for ad valorem tax

returns

..... 688, 698, 2417, 2433, 2745

HR 552--Property Transfer; Wayne County 1041,1050, 1389, 1489, 2105, 2166

HR 553--Council on Deaf; create _____._.......... 1041, 1050, 1302, 1396, 1684, 1750

HR 554--Adjournment; relative to, January 20 to February 6 _....___431, 438, 606

HR 555--DeKalb County Homestead Exemption; certain

types of cooperative ownership ._...___.._.....-.688, 699, 1386, 1492, 1644

HR 561--R. E. Lee High School Band; commend _......_.............--......_..610, 621

HR 563--Public School Building Specifications; urging review .__._..________________..___...............-............ ...___610, 616, 1107, 1235

HR 564--Sunset Legislation; change termination date of Speech Pathology and Audiology examiners Board ____________________................______. 1163, 1172, 1387, 1489, 1788, 2009, 2214

HR 565--Lewis W. Thomas; compensate ............... 1622, 1667, 1770, 2054, 2363

HR 566--Fulton County Tax Receiver, Collector,

Commissioner; collect city tax located in

county

.._---._. 1100, 1105, 2416, 2425, 2739, 3072

3432

INDEX

HR 567--"Pulton County; annual updating tif tfrufttywide
framework plan ------------------.......... 1100, 1105, 2416, 2425, 2730 HR 568--Fulton County Planning Commission; provide for
seven members ----------------------.,, 1100, 1105, 2416, 2425, 2733 HR 569--Pulton County; transfer of city-owned sanitary

landfills ,,-----------....__----___._-------.1100, 1105, 2416, 2425, 2714

HR 570--Atlanta-Fulton County Water and Sewer System;

authorize General Assembly create ------1101, 1105, 2416, 2425, 2717

HR 571--Fulton County; transfer of library facilities to

countywide library service ..__------__ 1101, 1105, 2416, 2425, 2720, 3074

HR 572--Atlanta; method for providing prompt traffic

engineering service

- .. .. . 1101, 1106, 2416, 2426, 2735

HR 573--Fulton County Services; General Assembly provide

requirements on financing ............. 1163, 1172, 2416, 2426, 2725, 3075 HR 574--Fulton County; branch offices for conduct of
county business ..._..--------..__----------. 1546, 1561, 2416, 2426, 2737 HR 576--Newnan Board of Water, Sewerage and Light
Commissioners; limit powers ...------ .. 805, 811, 1301, 1398, 1528

HR 577--Superior Court Trials; six man jury except felony trials -..-__--.-..._.-.--------------------1631, 1666, 2218, 2223

HR 580--Property Transfer; Cobb County, extend lease .-------------- -- ---------- 985, 988, 1389, 1489, 1684, 1750
HR 582--Tom E. Ireland; compensate ................ 1622, 1667, 1770, 2054, 2364 HR 585--Tift County; ad valorem tax to board of county
tax assessors .--------------------------........ ........................ 900, 908

HR 586--Constitutional Amendments; provide for publication of summary .------------------1163, 1173, 2048, 2071, 2247, 2337, 2414, 2447, 2755, 2972, 3070

HR 587--Roswell Homestead Exemption; 65 year olds ............................. 1372, 1383, 2418, 2433, 2746
HR 588--Wayne Cavender; compensate ................ 1622, 1667, 1770, 2055, 2365
HR 589--Transportation Department; directed to designate Governor John Adam Treutlen Highway .-..--1372, 1383, 1565, 1674, 2105, 2158

HR 590--Paulding County Civil Service System; create __...--....._-.._.-.....-...--..----.----.--. 900, 908, 1671, 1778, 2194

HR 591--Committee to Study State Authorities;

create ,,_---------------------- 1725, 1759, 2042, 2063, 2755, 2942

HR 611--Property Transfer; easement on certain property

to St. Marys .... ...... ..

....---- 985, 988, 1389, 1489, 2105, 2170

HR 613--Property Transfer; Pulaski County .. 985, 989, 1565, 1674, 1788, 2010

HR 615--Claims Against State not Exceeding $500; processing and disposition --------___--------.- 1372, 1383, 1562, 1674, 2105, 2158
HR 617--Georgia Air National Guard; commend ------------------ 727, 743

HR 619--Honorable W. Herschel Lovett; commend ------------------728, 743

HR 629--Polk County Justice of the Peace; dollar amount of civil cases ...__....----..._.----_--.......--..----985, 989, 2044, 2070, 2368

HR 632--Wayne County Justice of the Peace; increase amount of civil cases _--_----------------------- 1041, 1050, 2216, 2226, 2523

HR 638--Retired School Teachers; provide health insurance plan -----------------------------.-- 1547, 1560, 1772, 2055, 2247, 2340

HR 641--Mr. James S. Payne, Jr.; compensate ----2596--Received after 33rd

legislative day

HR 642--Monroe County Grand Jury; arbitrate certain disputes on certain county matters ----------1101, 1106, 1224, 1305, 1530, 1656

INDEX

3433

HR 645--Carroll County; General Assembly provide civil service system to those paid by county ... ..........1101, 1106, 1301, 1398, 1532
HR 646--Joint Session; Robert Lee (Bobby) Dodd address -------------------___.-_---________-__ 965, 996, 1000
HR 647--Property Transfer; City of Ringgold ------....1548, 1560, 2047, 2067, 2756, 3041
HR 648--Farm Act, 1977; request Congress to take certain actions -------------- 1042, 1050, 1299, 1307
HR 650--Walker County Justice of Peace; dollar amount of civil cases -----------------------------1215, 1222, 1386, 1492, 1646
HR 651--Veterans Memorial State Park; designate administration building as The General Courtney Hicks Hodges Building --------------1547, 1560, 1774, 2055, 3141, 3336
HR 652--Richmond County; developing recommendations for merger of specified service __.......................... 1215, 1222, 2044, 2070, 2244
HR 653--Chatham County Board of Education; compensation changed by local law ---------------------- 1215,1222, 1386,1492,1648
HR 654--Fayette County Industrial Building Authority; increase number of members ------ 1215, 1222, 1386, 1492, 1649
HR 655--Jones County; levy ad valorem property tax for Development Authority ------------ -- 1215, 1222, 1301, 1398, 1534
HR 656--Firemen, Prison Guards, Policemen Killed in Line of Duty; indemnification ----.... 1631, 1666, 2045, 2063, 2447, 3140, 3228
HR 657--Banks County Homestead Exemption; certain property owned by residents --------------1215, 1223, 1671, 1778, 2195
HR 658--Stephens County Homestead Exemption; certain property owned by residents ..__._--_..___.._ 1215, 1223, 1671, 1778, 2197
HR 660--Supreme Court; render opinions on questions of law, certain cases --------------------------------..................1656, 1666
HR 661--White County Homestead Exemption; certain property owned by residents .... .-.....--._.... 1288, 1298, 1671, 1778, 2199
HR 662--Habersham County Homestead Exemption; certain property owned by residents ....._............. 1288, 1298, 1671, 1778, 2201
HR 663--Property Transfer; Glynn County, conveyance of certain State-owned property to Brunswick ---,,--------------------1547, 1560, 2047, 2067, 2756, 3046
HR 664--Lakeview, Fort Oglethorpe, Catoosa County; bonds for stadium and recreational facilities -.-1288, 1298, 1386, 1493, 1651
HR 665--City of Pelham; lease of certain real property _-------------------- -- 1548, 1560, 2047, 2068, 2247, 2346
HR 668--Lowndes County Board of Commissioners; licensing business activity by itinerant peddlers ------1371, 1383, 1563, 1677, 2025, 2214
HR 669--Lowndes County; construct, pave, improve public streets in unincorporated areas --...----. 1371, 1383, 1563, 1677, 2027
HR 670--Bibb County GET A Study Committee; create ---------------------------,,----- ,, 1216, 1223, 1386, 1493, 1578
HR 671--Brooks County; exempt certain real property from ad valorem taxation ----------------..----1371, 1383, 2617, 2623, 3152
HR 672--Savannah Homestead Exemption; 62 year olds income not over $10,000 ------------------1371, 1384, 2216, 2226, 2524
HR 673--Rockdale County and Cities Within; recall of elected officials ----------.------------1371, 1384, 2216, 2227, 2526, 3069
HR 674--Houston County Board of Arbitration; provide .-----------------------------1372, 1384, 1563, 1678, 2029

3434

INDEX

HR 699--Public Education; endorsing importance of

character education _._..--------____.... ._____. 1216, 1223, 1480, 1503

HR 700--Agriculture Committees of Senate and House;

urged to prepare certain legislation ._......_._....._.. 1216, 1223, 1300, 1307

HR 701--Deceptive Practices Against Consumers in Repair of

Property; enforcement of law urged ------______ 1216, 1223, 1479, 1571

HR 702--Federal Crop Insurance Act; urge Congress to

liberalize coverage ------------------------,,--------. 1216, 1224, 1670, 1778

HR 711--City of West Point; classifications of property for

ad valorem taxation ... ... _____._..__.____...._._________.1546, 1561, 1772, 2059, 2370

HR 713--Property Transfer; Walker County, conveyance of

certain State-owned property to ROL,

Inc. ----,,....----------------.------__------...1548, 1560, 2047, 2068, 2756, 3055

HR 714--Downtown Americus Authority;

create __----------------------------------1467, 1477, 1772, 2059, 2372, 2599

HR 715--DeKalb County; special services tax

districts ............................................ 1429, 1457, 2418, 2433, 2748, 3074

HR 716--Charlton County Justices of Peace; increase

civil case jurisdiction ----------------------__ 1467, 1478, 1772, 2059, 2394

HR 718--Jackson County Justices of Peace; increase civil

jurisdiction _

1546, 1561, 2216, 2227, 2530, 3069

HR 719--Cordele-Crisp County Industrial Development Authority;

increase membership _----_------------------ 1546, 1561, 1772, 2060, 2396

HR 720--Cherokee County Justices of Peace; dollar amount of civil cases ______----------------___. 1547, 1561, 1772, 2060, 2399

HR 722--DeKalb County Ad Valorem Tax; requirements for setting millage rates ................1547, 1561, 2216, 2226, 2532, 3070

HR 724--General Assembly Appropriations Act; continue until another adopted .._._.___._.1548, 1561, 1770, 2060, 2247, 2347, 2446

HR 727--Downtown Conyers Development Authority; General Assembly provide by law ___________________ 1547, 1562, 2216, 2227, 2534, 3070

HR 730--Richmond County; General Assembly provide requirements on financing of services _------------_--------------2597, 2605, 2617, 2623

HR 732--Conyers Public Facilities Authority; create _----._------------.1547, 1562, 2216, 2227, 2537

HR 733--Solar Month; directing Governor to proclaim month of May, 1978 --------------------------2551--Received after 33rd legislative day
HR 735--Toccoa-Stephens County Building and Parks Authority; approval of leases ----------------------------1622, 1666, 2044, 2070, 2401

HR 739--Forestry Commission; long-term lease with U.S. for tract of land in Bibb County --------1631, 1666, 1774, 2060, 2447, 2755, 2979
HR 741--Property Transfer; Barrow County, easement for Petroleum Products Pipeline -.-------1631, 1666, 2217, 2220, 2447, 2756, 2998, 3369
HR 743--Employees' Retirement System; requirements for withdrawing employees from Social Security Act...--_--------------------..1749--Received after 33rd legislative day

HR 744--City of Douglasville; homestead exemption .........._____.1714, 1759, 2044, 2070, 2405

HR 773--Gifted Student Program; legislative intent .......__._..__.............3292, 3359

HR 776--Upson County; one percent sales tax authorized _----_------------------------2346, 2408, 2617, 2623, 3154

INDEX

3435

HR 777--DeKalb County, Decatur and Avondale Estates; maintain development programs _----------------.----___----__1858, 2038
HR 780--Atlanta University; commend on 112th anniversary ____ __.___--__----------__,,.__.___._-___--._._,,_--------1656, 1682
HR 793--Committee to Study Sand Hill; create .....__. 1656, 1667, 2616, 2622, 3117 HR 798--DeKalb County Homestead Exemption; change ------..------2141, 2211 HR 799--DeKalb County Retirement Home Authority;
create --_-_---_.__.-...----.......------------.2141, 2210, 2617, 2623, 3158 HR 800--DeKalb County; additional homestead exemption .____._.___.___ 2256, 2408 HR 827--Louise Davis Davison; appreciation to ------------------------2351, 2445 HR 838--Natural Gas and Oil on Outer Continental
Shelf; exploration for, relative to ----__------------------.2615, 3079, 3120 HR 841--Mt. Zion Annexation Study Committee; create ------.-.----3077, 3359 HR 894--Cochran, Dr. Ann Scarlett; commending --------------------.3166, 3360

PART III JOINT RESOLUTION ADOPTED IN JOINT SESSION
JR 1-649--Robert Lee (Bobby) Dodd; commend ......------._----------____-1000

3436

INDEX

PART IV

ALPHABETICAL INDEX

Abandoned Motor Vehicle; certain notices sent for sale, SB 436 ------------.__----___------_------------.75, 184, 215, 376, 387
Absentee Ballot; designate persons authorized to

assist in preparing, SB 601 _._... .------------------ 985, 1174, 1225, 1308, 1318 Absentee Ballot, Municipal Elections; persons authorized to
assist in preparing, SB 602 __--------------... ..... 985, 1174, 1225, 1403, 1412

Absentee Ballots; additional requirements in Municipal

Election Code, HB 1420 ---------- _

__ 805, 809, 1052, 1114

Accident, Motor Vehicle; change provisions on

immediate reports, HB 1728 _..._..._..._..... 1633, 1659, 1774, 2052, 2247, 2314

Accidents, Emergency Care Rendered; clarify provisions

on immunity from civil liability, HB 1387 _______ 400, 407, 2218, 2221, 2756, 3027,

3140, 3166, 3196 Accountants, Licensed Public; licensing provisions, SB 228 ----No action in 1978 Accounting, Public; revise laws, SB 231 .-------.----------.. 29, 33 Acree, Jack Knox; commend, SR 355 ---------------------------------- 1306, 1549

Actuarial Services Department; create SB 43 _,,---------------- 3023, 3042, 3371 Ad Valorem Tax; exemption for property of historical
value, SR 76 __.-..--------...._ _..------ ._........ 183, 216, 376, 394

Ad Valorem Tax on Boats; time and method of payment changed, HR 81..... ................ 1548, 1559, 2043, 2067, 2247, 2352, 2500, 2569, 3024, 3027
Ad Valorem Tax on Tangible Property Other Than Motor Vehicle; installments, HB 1072 ..._.______.....................No action in 1978

Ad Valorem Tax; swine and bovines exempt, HR 85 ---._------------------------1041, 1049, 1479, 1571, 2105, 2155, 3072

Adams, Wallace; golf course in Ocmulgee State Park named for, SR 353 ------------ 1293, 1389, 1485, 1580, 1629, 3001, 3028, 3372

Adaquate Program for Education (APEG) ; local units for 16 and 17 year olds, SB 556 __------...... 662, 735, 821, 996, 1019, 2345, 3371

Adequate Program for Education (APEG) ; change allotment anl salaries of elementary instructional specialists, SB 529 ___._------------__._---- 611, 735, 820, 919, 968, 3346, 3347, 3372

Adequate Program for Education (APEG) ; local units

utilize adult education personnel for community activities, SB 557 -__------_.----. 662, 735, 821, 996, 1020, 3067, 3372

Adequate Program for Education (APEG) ; nonteaching personnel in allotment of funds, HB 645 .-__.----______ 31, 41, 735, 831, 918, 928

Adequate Program for Education (APEG) ; objectives and purposes, HB 1694 _------_____--------_____-1212, 1219, 1480, 1570, 1684, 1745

Adequate Program for Education (APEG) ; professional business officials, HB 341 __--------.-----------------.---._------.735

Adequate Program for Education (APEG) ; provide classroom aides and paraprofessionals, SB 555 ....... 662, 735, 821, 996, 1013, 2204, 2291, 2412, 2588, 3372

Adequate Program for Education (APEG) ; reduce number of days required for school year, SB 319 ......------------------_.-- ..........735

INDEX

3437

Adequate Program for Education (APEG) ; requirements for

certification as teacher, principal, SB 615 ..........1165, 1301, 1391, 1504, 1513,

Adequate Program for Education (APEG) ; requirements for

3068, 3372

substitute teachers, HB 1443 .......................__.1520, 1536, 1772, 2050, 2246, 2268

Adequate Program for Education (APEG) ; special education

leadership units, HB 1693 ............ 1159, 1170, 1301, 1395, 1684, 1742, 2411

Adjournment; relative to, January 20 to February 6, HR 554 _._.._..... 431, 438, 606

Adjournment; relative to, March 3 to March 6, SR 368 ... .. 1640, 1657, 2614

Adjournment; relative to, sine die, SR 426 ........._...._.._..___ 3361, 3370, 3372 Administrative Office of Courts; duties and fiscal

responsibilities, HB 1958 .................... ............................. .1633, 1662

Administrative Procedure Act; amend to provide for

publication of bulletin of agency rule changes,

SB 559 .......__......_......_......._..__....._._..._._...663, 1174, 1225, 1308, 3318, 1579, 1580

Administrative Procedure Act; change time

for notice of hearings, SB 458 .__...._._.__. 123, 700, 737, 830, 863, 2141, 2162, 3371

Administrative Procedure Act; dentistry license,

provisions for stay in contested case, HB 1579 ............... 1040, 1046, 1388, 1488,

1684, 1740

Administrative Procedure Act; giving of notice prior to

adoption of rules, SB 572 __..._............_......_...._....__,,____._.

693, 1052, 1111

Administrative Procedure Act; notice for adoption, repeal of rules, HB 1324 ......__.__...._.________..____._____.724, 732, 2048, 2071, 3140, 3198, 3368

Administrative Rules Review Committee, Joint; create, SB 453 __._._.._................_.___.._..104, 700, 737, 830, 863, 875, 892, 919, 977

Administrative Rules Review Committee,

Joint; create, SR 253 -...,,..-........._._...._..... 104, 700, 739, 831, 918, 978, 996, 997

Administrative Services, Commissioner; provisions of

bonding State officials, HB 791 ...__.._.. 1634, 1657, 2045, 2060, 2446, 2449 Administrative Services Department; administer surplus

property from U. S. Government, HB 1500 ............... 690, 697, 1174, 1227, 1308, 1337, 1353, 1363, 1404, 1449, 1768

Administrative Services Department; provisions relating

to State purchases, HB 1882 ..........-__..__.__. 1465, 1473, 1563, 1674, 2105, 2154

Adult Education for 16 and 17 Year Olds; Adequate Program for Education, SB 556 ............... 662, 735, 821, 996, 1019, 2345, 3371

Adult Offender Act of 1975; repeal,

SB 466

...........

179, 991, 1054, 1127, 1131, 2204, 3371

Advertising; title of Doctor must designate degree,

SB 570 ....___.._..............._..-..-.... 692, 1050, 1111, 1187, 1191, 2303, 2315, 3372

Aged Services Study Committee; create,

SR 283 ..._...__............----- 613, 736, 822, 1064, 1086, 2352, 3371

Aggravated Assault; additional penalties, HB 428 __.._...------ No action in 1978

Agricultural Products Dealers, Licensing; food sales

establishments exempt, HB 1342 ._.___._ 203, 211, 816, 911, 1064, 1090

Agricultural Program Proposed by Senator Talmadge;

urge implementation, SR 318

..........................................901, 1299, 1307

Agriculture Committees, Senate and House; urged to prepare

legislation removing Attorney General and Auditor from certain authorities, HR 700 ... -- ....

1216, 1223, 1300, 1307

Agriculture Department; approve boundary line

settlement, Dillard Farmers Market, SR 237... 76, 668, 703, 743, 785, 2409, 3371

Agriculture, Inspection of Certain Projects Relating to;

Georgia Education Authority (University) Act, HB 537... 201, 209, 816, 911

Air Quality Act of 1978; create, HB 1545 ........... 1369, 1376, 1564, 1672, 1788, 1853

3438

INDEX

Airport Construction; approval required by county voters if

owned by another county or city outside, SR 301 _........................_......665, 1053

Airports, Bank Offices Within; establish,

HB 1483 ._...-..............................._____.___.._....._.............. 401, 407, 667, 704, 744, 796

Airports, Open-To-Public; licensing by Transportation

Department, SB 243

................................... 364, 428, 3370

Alaimo, Judge Anthony A.; urging reprimand, SR 310 ..--.....--....--..__.._______________ 722

Alapaha, City of; change corporate limits,

HB 1938 -----,,---._._.._......__

1461, 1476, 1771, 2057, 2234

Albany, City of; change corporate limits, HB 2077 ... 2499, 2553, 2616, 2622, 3117

Albany-Dougherty Hospital Authority; appointments and

filling of vacancies, HB 1806 _ ,, 1161, 1172, 1670, 1776, 2076, 2303

Alcohol and Tobacco Tax Division of Revenue Department;

minimum pay grades, SB 597 _,,........,,_..-__--...,,..........................___._..__..___._ __,,..... 900

Alcohol or Drug Treatment; required with certain driver's

license suspensions, SB 596 ................._...-.._._.-.___..__.900, 1390, 1482, 1579, 1603

Alcoholic Beverage Distributor, Retailer; Revenue

Commissioner authority to renew or reissue revoked

licenses, SB 535 .._._.,,_..__.,,_...__.__..__.-_.,,............. 612, 1050, 1110, 1236, 1307, 1312

Alcoholic Beverage Licensees; surety bonds, provisions

relating to authorized sales in foreign trade

zones, HB 1303 ._________,,_.__,,__.__.__,,______._._. 1285, 1294, 1770, 2049, 2756, 3037, 3368

Alcoholic Beverage Sales in Private Club;

Commissioner of Revenue regulate;

define, HB 1304 ..--

608, 615, 1385, 1486, 1788, 1848, 2039, 2105, 2171,

2411, 2446, 2598, 2758, 3231, 3340, 3366

Alcoholic Beverage Sales on Sunday, Election Day;

violations tried in certain municipal courts, HB 140 ___...... No action in 1978

Alcoholic Beverage Sales; person who sells to intoxicated

person liable for injuries caused, SB 10 __________,,,, _.,,._.,,____ No action in 1978

Alcoholic Beverage Sales, Retail; certain persons ineligible

for license, HB 1639

........ 1542, 1551, 1770, 2051, 2247, 2307

Alcoholic Beverages; change provisions on advertising prices,

SB 537 ......,,._..,,........-.,,.,,._.-._--........................._.........__.__.-...-....----612, 1050

Alcoholic Beverages; Revenue Commissioner issue refunds for

stamps, HB 1046 ____________ 202, 210, 667, 704, 744, 791, 1042, 1082, 1372,

1509, 2121, 2142, 2308, 2412

Alcoholics Drug Abusers; hospitalization and treatment

procedures, SB 451 ....____-__-.._....,,..._.____ 84, 213, 371, 413, 438, 1765, 2994, 3372

Alcoholism Advisory Council; designated Mental Health and

Mental Retardation Council to serve; change certain

provisions, SB 574 .

..........693, 990, 1055, 1127, 1138, 2169, 2281,

2412, 2764, 3372

Alcovy Judicial Circuit; additional judge,

SB 517 --.---.-----------.--.- 404, 700, 739, 831, 889, 2167, 3371

Alien Ownership of Property Study Committee; create,

SR 367 __..........,,..,,---..-.-.___-...-------------------. 1670, 2217, 3354

Alien, Realty Ownership by Nonresident; restrictions, SB 573 --_----_,,--___693

Aliens, Legislation to Reduce Flow of Illegal; urge

Congress to enact, HR 499 ,,..,,---,,,,-- -----122, 1174, 1235

Alimony; cohabitation of wife with another person causes

annulment, HB 66 .,,,,........,,.___,,_-...........,,--......-.,,.,,.--........------------ 78

Alimony Judgment; change provisions in garnishment

cases, HB 1328 -.---------- 203, 211, 2419, 2421

Alimony, Modification; legislative intent,

SB 581 ................................................-.^2S, 1302, 1391, 1504, 1512, 3068, 3372

INDEX

3439

Allgood, Senator Thomas; excused from voting, hospitalization -___..._.__.___ 109, 120

Alpharetta; de-annex certain property belonging to

Fulton County, SB 600 .

_

901, 1107, 1177, 1229, 3068, 3372

Alverson, Coach Dewey and Southwest DeKalb High Football

Team; commend, SR 319 ...._...._...__._.._...___._._._.____.. 995

Ambulance Service; amend Code Section to provide

emergency medical services system, HB 1905 ____.___1633, 1661, 2419, 2422, 3140,

3238

Americus Authority, Downtown; create

HR 714 .__..___.._.._.. ----._..... 1467, 1477, 1772, 2059, 2372, 2599

Annexation into Municipality; prohibited if effect is to

surround an unincorporated area, HR 1613 ______ ....... ________ 1368, 1377

Antitheft Device; manufacturer indemnify retailer for

damage due to malfunction, SB 562 ____.__.-__________________,,,,.--..-.-________,,_____________.___ 663

Appeals; change provisions relating to dismissal for failure

to pay costs, SB 444 ________________________,,__.___.,,.,,_ 83, 668, 702, 743, 756, 3067, 3371

Appeals, Criminal Cases; additional ground for

appeal, HB 1357 _______.._.......__.___.._.._...__..,,...._._______ 608, 616, 1053, 1114, 1188, 1208

Appeals Upon Petition to Supreme Court or Court of Appeals;

provisions, HB 1633

.,,__.,,._.._......__..._,,__ 1368, 1377

Applied Psychologist; conditions for license renewal,

HB 1461 ..-.............._...._.__...._.__.._-_.................... 1285, 1295, 1773, 2050, 3140, 3239

Appling County; collection of school taxes, HB 2063 ___ 2140, 2210, 2417, 2432, 2710

Appling County Commissioner; compensation,

HB 2060

. 2139, 2209, 2417, 2432, 2712, 3071

Appling County Probate Court Judge; compensation,

HB 2064 ..........,,_,, ,,,,.....,,._ 2140, 2210, 2417, 2432, 2711

Appling County Sheriff; compensation, HB 2062 ...... 2140, 2210, 2417, 2432, 2710

Appling County Superior Court Clerk and Sheriff;

compensation, HB 2061 _____..._.....___________________ 2140, 2209, 2417, 2432, 2713, 3071

Appling County Tax Commissioner; compensate,

HB 2065 ____._............._.__.________-.--._........__ 2140, 2210, 2417, 2432, 2714, 2946, 2948

Appointments:

Acree, Honorable John W. ______________._..___..........._________.___.........-_________ 1794, 2481

Adams, Honorable Ronald F. ....____________________........___________ 1805, 2472, 2473, 2496

Akins, Honorable L. Lamar ________._..........____________ ....._...________________........._._1794, 2481

Allman, Honorable Fred L., Jr.

.

....._..___________.___.... 1806, 2497

Andrews, Honorable Sylvia F. ......._._____________....________.-.........-..._..__._^__.1799, 2487

Anthony, Honorable Susan W. .......___________.......-________.-........_.-.-.-________..-1804, 2494

Argo, Honorable Eugene L. ..__._......._______________.....___________.............._______ 1801, 2491

Atherton, Honorable Howard ______.............___.._...........__...___-_-.._............_.1794, 2482

Ayoub, Honorable Sam .............._.____________.....__._________-.....-....._---___.._......1805, 2495

Bankston, Honorable Yvonne .._........_._________-........------.-.---... 1798, 2486

Barnes, Honorable June B.

.......

1804, 2494

Barnett, Honorable James E. ._..___............._._.___................._.__..___............ 1795, 2483

Barrow, John C.

-------- 1790, 2476

Bartenfeld, Honorable Deedy _______........_._________.-......._---_-.-..--.....--_-1798, 2487

Bartlett, Honorable Edward J. ------_______------------------1802, 2492

Baughman, William E. _...._____._____._..._......._________.-------.---.--1791, 2478

Bauguess, Honorable Harvey R. ------.---- ----,,----_ ----1799, 2488

Bennett, Honorable LaRae ._...--___________--------_------------^--------1802, 2492

Bess, Honorable John C. ------.-- _--------------------1802, 2492

Bingham, Honorable Paula M. ----..._..___------------------------1799, 2488

3440

INDEX

Appointments (Continued):
Blair, Carol Ann _-______-____._,,__-_____________,,____________________................... 1791, 2478 Boney, Honorable F. H. ----.______.--____________,,.__._,,______________,, ..,, _..........,, 1795, 2482 Bray, Honorable Ann I. --,,______.____..._..____,,__________________.___,,__._________,,,,.___. 1791, 2477 Briscoe, Honorable F. Woodson ---..-_-----..,,..--,,.,,-__-..-........__-__._.,,... 1794, 2481 Britt, Margie ..-..........,,-......_........^ ,,.........._...................,,.............. 1793, 2479 Brock, Honorable Winston B. ........_.-.-......,,_.___...-............_.___._.._.....,,__ 1801, 2490 Broun, Honorable Paul C. ..............._-,,.....-.,,.__.__,,..............,,_,,...._...._,,.. 1802, 2493 Brown, Honorable Dolan E., Jr. ,, _-......................,,.,,,,,,............. 1798, 2487 Brown, Honorable Joyce Ann _,,--......._............,,,,.,,..._...._..,,......._...._....1800, 2489 Brown, Honorable L. Wayne ........,,_,,......,,_,,___,,......,,__,,,,._......___,,.......,, 1799, 2488 Brown, Honorable Robert L. __,,..____._,,__...._..__.,,____.__,,._,,._.___,,__ 1790, 2477 Budd, Honorable R. E. ______________________________,,......,,,,.,,.......,,_ ,,....,,.__ 1794, 2481 Burriss, Honorable Ernest R., Jr. .,,.........__........,,.___..........._____......,,..... 1793, 2479 Burruss, Honorable Edward H. ._._....._.._..........._............._...........__.........1801, 2490 Burton, Honorable Joe ..----_..._.--......__..--.._._--_...,,__--......,,.__--.......__. 1797, 2486 Cagle, Honorable A. Brooks ,,__________,,____.,,__,,.________..,,___,,,,,._ 1796, 2484 Cardwell, Honorable Albert L. .._.______.._--___.--__....-___-_...____--__..1796, 2484 ason, Honorable Dallas D. .-.........,,_,,..._...,,..--_..........,,,,..........__....... 1797, 2485 Chastain, Honorable Jimmy L. ,,-______,,,,.,,___.___.,,,,,,______,,_,,__.__...,,_ 1798, 2487 Cheshire, Honorable Joseph M. -----.-.----.-_.-....-..-.._._.____._,,........._,,__..._ 1805, 2496 Childs, Honorable Ishmael C. .-...___-.-...........,,.__................._.___,,.............. 1794, 2482 Clark, Honorable J. Frank ......._._..........-..._......._.._..__.........____......1801, 2491 Clark, Honorable Simpson J. _,,,,_______________.._..............__..................,,_._.,,.. 1791, 2477 Clay, Honorable Melvin A. ,,_,,.-.-...,,..,,.,,._........,,..........._,,._._.,,............ 1790, 2476 Collins, Honorable Dorman A. -----.-.-.--...._-....-..._..__,,_-._..........__.,,..... 1803, 2493 Cooper, Honorable Curtis L., Ill .....__-......._..-..........._...._....._.........1796, 2484 Corn, Honorable Amon L. ___,,-_--__________________.__,,__________..______________._,,____ 1803, 2494 Costen, Honorable Patricia S. ....._,,.........__--,,..........__,,....._......_............. 1801, 2491 Crawford, Honorable Frank 0. --.......__........,,,,--............._.,,........_.-_..... 1803, 2494 Crawford, Honorable Joan ......._.._.........__........._,,.............____......,,.___.,,. 1793, 2480 Curtis, Honorable John R. -__..-......-._._.........___....._...__...........__.__........._.. 1797, 2485 Curtiss, Honorable Frances A. ,,--........._-_.......__-......-.-___-.......-__-.........1801, 2491 Dadisman, Mildred _.......-....-.........__.-._.-...,,,,......,,,,,,.-..._..._.........___..... 1805, 2495 Davis, Honorable D. Jack _...,,.................._._,,..-.._..__.--._............,,_.__.... 1795, 2483 Davis, Honorable Dock H. ,,.........,,-.........,,-........-.....-.._._,,......._-.......__. 1793, 2480 Davis, Honorable Donald .-_-__-.......___........-.__........._-.......__..-.......__......_.1797, 2485 Dealing, Honorable James Edward -..__-_...-._-.....__..--..-._....._.__...... 1801, 2490 Dowling, Honorable Glenn ....,,...-.-......._,,_.-....-.._........,,-....-..__-....._-. 1800, 2490 Draughon, Honorable Alton P. .....,,.........._........,,,,.........,,......_......,,.___ 1798, 2487 Duncan, Honorable J. Ebb ._.,,_,,_,,._.,,_....._..,,..-..._.............-....._-_........ 1797, 2485 Dunn, Honorable Selena D. ........_._....._._,,............_,,_......_,,,,......,,........ 1799, 2487 Duttera, Honorable M. Julian ....___-......,,_-......._-...-....__,,_....-.__........__..... 1791, 2477 Early, Honorable Larry D. _,,.....,,..-......-_.........._-.......-_-..-..-..__....._-_.. 1797, 2485 Edwards, Honorable Jeanelle T. ......_..-....._,,-..._..,,-.................-__....._._ 1801, 2491 Eldridge, Honorable John C. ....._.,,.......,,-........,,....-,,,,_.__....,,_-......-..- 1800, 2489 Ellington, Honorable John E. .-....__........._,,....,,.-........_..........---..__-- 1794, 2481 Ellis, Honorable Joe ......,,__.....-._-....._.-.._.-.-.-_.---------- 1790, 2475 Engram, Honorable I. Dell, Jr. ....-........-_.....,,_-_-...__...-.,,--.-.---1799, 2489 Epps, Honorable Leonidas S., Jr. .._..........,,....._......,,..........._......,,....__-1806, 2496 Evans, Honorable Frances H. ._.......__._......._..-....._........__.......-....__...-1798, 2487 Fincher, Honorable James C. .....-__........_......_.-....,,__..-.__-....-.....-- 1804, 2495 Franklin, Honorable H. Lehman, Jr. ......._................_-........_.._._.--1794, 2481
Friedman, Honorable Erwin A. ....._....-..-..-......._......_-.....-.-.._....--1793, 2480
Furman, Honorable John D., Jr. ......_.,,__._..--.-..._........._.----._-- 1797, 2485

INDEX

3441

Appointments (Continued) :

Gershon, Ruth H. ............ -__-____,,______,,._.,,__,,__,,,,,,___..,,____._,, 1796, 2483

Goldstein, Honorable Maxine --,,__.___.______,,....--......._._.._...............,,.___.___ 1794, 2482 Graham, Honorable Louis --_-_------__-_,__--_._______,,____.__,, 1800, 2490

Greathouse, Honorable Merrill A. __.________.________.,,.__,, ._,,____,,.,,. 1801, 2490 Green, Honorable George P. ......._________ __.._________.______._,,____,,__.__,,____.___ 1799, 2488 Gregory, Honorable Carolyn B. __________________________________________________________ 1798, 2486

Gregory, Honorable Victor A. __.__..__________._.._.______.,,___.____ 1804, 2494 Griffin, Honorable James, Jr. -.....___._____.__,,______.,,___,,_________,, 1792, 2479

Grindler, Honorable R. Alex __.___,,__.,,._._____.___.____.,,_,,,, 1792, 2479

Gurley, Honorable Allan W. ,,_________.___...________________,,_.__________._,,.__ ____________ 1797, 2485

Hackney, Honorable Charles B. ___.____._______._._.,,__.__..._______.......... 1801, 2491

Hand, Honorable Julia W. ____.____.._______._._.______ 1802, 2492

Harcourt, Honorable H. Baxter ____________________________________________________________ 1801, 2491

Harrington, Honorable James C., Jr. ___________.____,,.___............. 1791, 2477

Harrison, Honorable L. C. _______.____._._..___........._._.__...........__.._..... 1804, 2495

Hartman, Honorable Vivian P. ___.____._.._,______.._,,______,,... _____ 1795, 2483

Hawk, Honorable James Donald _-,,-__._.__._______ 1800, 2489

Hay, Honorable James G. _______________..______._..______..,,__.,,_______________.________...,,_ 1792, 2479

Haynes, Honorable W. N. ....____________.....______.._.....________..._______,,._...________._. 1793, 2480

Henderson, Honorable Herbert B. .______._...._______._..___________...________._._..____1803, 2493

Hewell, Honorable H. Crawford -____.__.._,___._._____.__.__._._ 1803, 2494

Hind, Honorable Kay H. ........

1789, 2475

Hodges, Honorable Cheatham E., Jr. ______..____-_.____.____-___________.____._____.___.1804, 2494

Hofeldt, Honorable Vaughn H. -.._______--.._,,__--...,,____,,...,,.____-....______..... 1793, 2480

Hogan, Honorable G. W. --_.,,_-,,._._____-._..__.__.._.._.____.._.._.._...___ 1795, 2482

Holland, Honorable Roy H. ............................................ 1790, 2475 Holloway, Honorable Gerald W. -._._.-......_...__.._--_.._--_.,,---._. 1792, 2478 Holmes, Dorris ._____.._..._______......______.......____.._-.....___......____......._____....._____....._1805, 2495

Houston, Honorable Betty .__.._.._______._._.,,,____.,,...____,,_..______.__...,,____..________._ 1800, 2489

Howell, Honorable Mobley .______--._._____-_.._____-.....__--...____---.._____-_-____.1802, 2491

Huckaby, Honorable Henry M. __._....____........___.__..______._.,,,,__-.._.____.....___ 1795, 2482

Hudson, Honorable Quinn .................................................... 1793, 2480

Huff, Mrs. Robert M.

_._._.._.___.. 1790, 2476

Huff, Honorable William, III -_-._......... __._1789, 2475

Hunsucker, Honorable John C. ............................. 1805, 2496

Hutchings, Honorable William S. ...___._.,,_

1794, 2481

Irons, Honorable Edward D. _______.....____--..._______-..__--.__.____.-.___-__-_.-1795, 2482

Jackson, Honorable H. Calvin

.............. 1796, 2483

Johnson, Honorable G. Ben, Jr. _,,_____....._____......___._..,,_____.._.______...____-,,__ 1790, 2476

Johnson, Honorable L. Patricia ______,,_______________,,.______-.._____--_____-_- __..1791, 2478

Johnson, Honorable Leroy H. ............................ ^...... 1792, 2479 Kelley, William D., Jr. ._._......._........__.-......._........_....._..-....-_-....__.-.....1791, 2478

Kelly, Honorable James L. . .

..

. 1793, 2480

Kent, Honorable Charles .._______..,,___.,,..____...._____...,,___-.__._____-_______.-___. 1801, 2490

Knighton, Mrs. Donald C. ._..-......._........-.......-...._-.--._.--_-...---1791, 2477

Knight, Nathan G. _______...._____..__-___...._--....---..-..-_-_..--__.---- 1793, 2479 Lanter, Honorable Walter S. ___......______._.__._.____-._.__--_--_---_---.-.1803, 2493

Lathem, Honorable Hollis Q. __..-......._..._...._....-._-......_........_-...._.1805, 2473, 2496

Ledbetter, Honorable J. Leonard ......_.............___.....-_._......__...._.._....-_-1795, 2482

Lester, Honorable Jimmy ...................................... _ 1796, 2484 Long, Honorable Beverly ___....._____,,...___,,.______,,..____.._____...,,.___..______.._-._.._ 1798, 2487

Lounsbury, Dr. John H. .._........._........._........._-.._---__-.--.-----1793, 2479

Lumpkin, Honorable H. Hearn ...,,_____....._.__...._.___....__...,,___..-____.._--._- 1792, 2479

Mackay, Honorable James A. ...__.................._.......--__----.-----1797, 2486

3442

INDEX

Appointments (Continued) :

Maddox, Honorable Naomi Ernst -----_.-.___._.._____.....__..__________.______._______ 1789, 2475

Mahany, Honorable Lawrence E. -...-._____,,__________________.____,,_________,,_. 1800, 2490

Mallard, Honorable E. Earl ___________________________________________________ ._________.._.. 1804, 2495

Mathis, Honorable James W. __._..............____._._._______________.........._.._........ 1791, 2477

Maughan, Honorable Robert R. __...__.--__________________________________________________ 1796, 2483

Mayfield, Honorable Peter N. ........ ........... .,,_.___ 1798, 2487

McDougald, Alvin Curtis

.....,,.......___

.....

1793, 2479

McGehee, Honorable Othniel W. --.--...-----_-__--_....__________.__..__..__________. 1796, 2484

Mclntosh, Honorable Joseph W.

.................. 1803, 2493

McKinley, Honorable Thomas W. ................. _____...

....... 1803, 2493

Merica, Honorable Stanley H. .............._..........__............

1792, 2478

Miller, Honorable Lynthia W. .._.___.....____.___.._.___.._.____________.1799, 1805, 2488, 2495

Miller, Sue Ellen

........................... 1793, 2479

Moreland, Honorable Thomas D.

.................... 1795, 2482

Morris, Honorable Michael W. __.._._____.._...--_._______._______....___.___.____________.._ 1797, 2485

Morrison, Honorable Harley C. ._....-._.........________________......____.__________.._.__1798, 2487

Morse, Honorable C. H. .....................

1800, 2489

Mundy, Honorable Gwendolyn

...._.............__._..__._ 1800, 2489

Murphy, Honorable W. Jennings .._.___.___.___.___._____________________.__.._......_..___ 1800, 2489

Murrah, Honorable J. Frank ._____._.__._____._________._____._____._..._._...___.___________. 1804, 2494

Murray, Honorable Janis S. ................. ....._...._.__.... 1802, 2492 Navin, Honorable Tom .................. 1790, 2476

Neal, Honorable James A., Sr. ..................................... 1802, 2492

Neal, Peggy

..______.___

1793, 2479

Neal, Honorable W. R., Jr. _______________._______.___________.._______..___.____.__....,,..____. 1802, 2492

Nixon, Honorable Solomon ..................................................................... 1799, 2488

Nolan, Honorable Nathan B. .__..._.__...._.__...._..............__.___.....__...._..__._.._... 1802, 2492

O'Neal, Honorable John B., Ill ............._......._............................_........... 1795. 2483 Ostrander, Honorable Vita R. ._.._._.._..____.._._._......__.._...._.__........_..........._. 1789, 2475

Paris, Honorable James W. ................................._..___._.._...._..__.___..._._...... 1804, 2495

Parkerson, Honorable Donald N. ._.._._....._.......___.._...._..............._......_..... 1792, 2478

Patton, Honorable George W., Jr. _...._.................................................... 1805, 2496 Payne, Honorable Barbara P. ......_......._..._.___......._.__...._.._......._...._.._..__. 1789, 2475

Perry, Honorable Eldridge W.

. ...._...._.._.._._.._.._.......__...._._ 1793, 2479

Pinkston, Honorable J. W. ................................................._................... 1798, 2486 Pitts, Honorable A. R., Jr. ......_.__...........__.__.._._......_.._...._.._._.._................ 1800, 2490

Portman, Honorable Ben H. ....................................._......................._..._1797, 2485

Poythress, Honorable David ....................................................................1805, 2496

Ragab, Honorable Abdel H. ...............................

1790, 2476

Rankin, Honorable David A., Jr. .._.................._.................................._._ 1795, 2482 Rhea, Honorable Jerry _______________________._______..___.._...______._______.1805, 1806, 2496, 2497

Richardson, Honorable Eleanor ......................................................_....._. 1797, 2486 Ridlehuber, Honorable Ted R. .............._....._._.._.._........_....._................... 1790, 2476 Riley, Honorable Wells ......_..._._._.__....__................_-_._.-_._._.____-_-___.___.___.1794, 2481

Rogers, Honorable John R. .......

1803, 2493

Roper, William H. .._.........._.._.._..................... 1790, 2476

Russell, Honorable Allan W. ....._.._._.._.._._.._...__.................._..................... 1798, 2486

Sanders, Honorable Glory Y. .......................... ...... 1801, 2491

Sanford, Honorable Stephen E. .........................................

1799, 2489

Schafer, Joyce ___.____.__..__.._____.___..........._..__.____.._.._...................................__ 1805, 2495 Schechter, Steven R. __..._.._.......__.....____._..._.._..._..__..__..__..._._..__.................1796, 2483

Scoggin, Honorable William A. ............._....................................._-._.._...1791, 2477

Shapard, Honorable Virginia _._.._...._......__.__.................................._..__-_. 1796, 2484

Sharman, Honorable J. H. ................................._...____._._......._..__.-.-.-.1804, 2495

INDEX

3443

Appointments (Continued) :

Simmons, Honorable J. Harry ...._.--.-_..-..._._.__________.________________________________l804, 2495

Simpkins, Honorable W. John ---______-_-_.-..___________________.___.___.____.___________ 1789, 2475

Simpson, Honorable Calvin M. --......-...-..................._..,,........................ 1796, 2484

Sisson, Honorable Boyd D. ___,,___,,_.___.___________.___..__.........._..._.......__.__......,,. 1802, 2491

Smith, Honorable Charles W. .............. ^ ,.,................_.

1789, 2475

Smith, Honorable R. D., Jr. ___________.__________.___._________._________.________________._____1804, 2495

Sparlin, Honorable Eugene E. ..._.....__.,,...-..__._.__...,,,,...__._.._...._.,,.......... 1792, 2478

Spence, Honorable Betty P. .._.__...............__ ............................. 1798, 2486

Stacey, Ruth ......_.._,,._-........................__..............,,...,,.....__...........,,.......,,.__ 1793, 2479

Stell, Honorable L. Scott, Jr. _._............_._.._._.._.._____............._._.._..............1792, 2478

Stevens, Honorable Clark ................___.....................__.............___.._____...._.1805, 2496

Stinson, Honorable Mary C. .................._..._..__.___..,,....._............._.___..__.._.. 1791, 2478

Stowers, Fred G. --,,-._,,,,,,,,_,,_.__,,___.___.__.,, .... _,,__,,_._.__,,._,, 1790, 2476

Strickland, Honorable William E. __._.________.____________________...___.______________.._1805, 2495

Stripling, Honorable Hobby _...._..........._......_..._........_..____...............__..._.1792, 2479

Stroud, Ernest, Jr. ._....-.................._......................____............_._.._..........___.1793, 2479

Sumner, Honorable Marian A. ,,_.___._______..............._.__..._............_._._........ 1791, 2477

Sutton, Victoria .........__.................._.__..............__.................____.........____......1793, 2479

Sweeney, Timothy J. ........___.___..............................__............................_..___.1790, 2476

Talley, Honorable James B. ........................................... 1794, 2481

Templeton, Honorable C. 0. ............___............_.._._.............1796, 1799, 2484, 2488

Thibadeau, John S. ..................____............_.___..............__.._..........._.._..........1790, 2476

Thompson, Honorable Garland ___.-..........._..__-.-........._._................_..._..._.. 1803, 2493

Thompson, Honorable Gerald H. .........................

1792, 2478

Thompson, Honorable James C. ....___.__......_.____.___.....______.._________.___.__..___ 1802, 2492

Tinley, Honorable J. Lewis ................................... 1803, 2493

Underwood, Honorable Vivian Ann .........._..__..............._............_..___.... 1800, 2490

Unger, Mrs. James G. ._..________............................._..._..............__............_..__ 1789, 2475

Vann, Honorable Donna F. ............................................ 1795, 2482

Vann, Honorable Thomas K., Jr. ................................. 1793, 2480

Varner, Honorable Edwin S., Jr. ....____..............-.............__.........._..__...... 1799, 2488

Vasenden, Honorable N. Arvid ............................... 1800, 2489

Vergason, Honorable Glenn A. _.___._._........._.___..........__.._........_.__...........___1797, 2486

Wade, Honorable Donald A. ___......__..___.......______._.._....,,__..........___.......-__. 1790, 2476

Walker, Honorable Mary Evelyn ....._..__..........._..........._..__............_._...... 1794, 2481

Webb, Honorable Lillian .........._._..........._..........._.__............__.......____..... 1792, 2479

Wells, Honorable David A. .___....___.___._.......____..........__._..........___..........__-1796, 2483

Westberry, Honorable James R. .....__..........__..-.......__............._.........._..__-1799, 2488

Whatley, Honorable William T. ..................................._..........__._.......___.1805, 2496

Wilcox, Honorable John W., Jr. ___.___.______.____._.___.....__.._____......_____..........1793, 2480

Wilkes, Honorable Josephine F. ___......................,,......-_._-...._..-..... 1804, 2494

Williams, Honorable H. Don _..........__........,._........_-......._..._-......_.___.....1796, 2484

Willis, Honorable S. Angier ................._...........__..........__..........__..........__. 1790, 2476

Wilson, Honorable John P. ____._._.______.._.......___........_-........_-_~.....-_-.-1791, 2477

Wischmann, Honorable George A. ......_..-......._..........__....................__-.. 1790, 2476

Yancey, Honorable Asa G. .....__........_-_..........__.......-........_.-......._-...-1791, 2477

Zimring, Jonathan ....___..........._..................._-._........_..........._......-...._-....--1796, 2483

Appropriations, 1977-78; change, HB 1223 _._.. 102, 126, 185, 219, 376, 378, 393, 471
Appropriations Act, General Assembly; continue until another adopted, HR 724 .._......._-._.....1548, 1561, 1770, 2060, 2247, 2347, 2446
Appropriations for Operation of State Government; supplemental 1977, HB 1223 _......____........102, 126, 185, 219, 376, 378, 393, 471

3444

INDEX

Appropriations for Operation of State Government;
1978-1979, HB 1224 ............................1097, 1102, 1562, 1674, 1787, 1859, 2017,
2019, 2035, 2079, 2781, 2796 Arbitration Code for Construction Contracts;
establish, HB 1427 ........._..__................_ 1161, 1168, 2419, 2421, 2755, 2957, 3054 3064, 3138, 3164, 3256, 3365
Arbitration of Medical Malpractice Claims; new Code Chapter, SB 630 .....__.._...........__.___..___._......................1290, 1388, 1483, 1579, 1611
Architects, Landscape; exempt city and urban planners from licensing provisions, HB 1815 ._...__.__.._ 1463, 1472, 2217, 2220, 3140, 3219
Archives Director; authorized to recover lost or withheld books and papers, SB 148 ----____._...----------___.------------. No action in 1978
Armed Forces Members Missing in Action; determination of date of death relating to income tax, HB 100 __........................_.................... 30, 37, 361

Arrendale, Tom and Lee; commend, SR 381 .............__.__...._.__...._._...___.__...._............ 2245

Arrest, Criminal Procedure; authorize of out-of-State

officers in pursuit of person, HB 795 .................__..__.__...__ 1543, 1550, 2419, 2420

Athens, City of; maintenance and appearance of

vacant lots, HB 1379 ......_.___._._.___......._............._..._.__..._..._. 725, 733, 908, 992, 1061

Athens-Clarke County Magistrate's Court; fees and

deposits, HB 1942 . ........__._...._.__................_.-_......... 1539, 1557, 1771, 2058, 2234

Athens-Clarke County School System; use of taxes

levied, HB 1975 .........____,,.................._..___._................._ 1620, 1662, 2418, 2428, 2711

Athletic Trainers Board; remove expiration date

(see conference committee report), SB 565 692, 1052, 1111, 1579, 1601, 2552,

2763, 3165, 3174, 3258, 3263, 3364, 3372

Atlanta; authorize Fulton County to conduct elections

under contract, HB 1601

_,,_._. 1098, 1103, 2415, 2423, 2624

Atlanta Council Members and Mayor;

qualifications, HB 277

. ..

. 2551, 2569, 2616, 2618, 3110

Atlanta; deferred pension benfits those leaving

employment of city, SB 469 ........___..__............._...._.____............................_............ 180

Atlanta Employee Pensions; change provisions on prior

service credit, SB 495 ___.___________---..--..,,-___----..----_-._.._.-__-----....... 207

Atlanta Employees; pensions, HB 1517 ........... 2136, 2206, 2617, 2624, 3083, 3367

Atlanta Employees' Retiremnt; annual actuarial

reports, HB 1474

---.. .

1537, 1555, 2616, 2619, 3112

Atlanta Employees' Retirement; provisions for postretirement

benefits adjustments, SB 490 _.____._-.------.__.-....-.-.....,,,,-.-----__..206

Atlanta Firemen; change amount of pension payment, HB 379 ...... 2136, 2205

Atlanta Firemen; pensions, HB 1515 .__................ 2136, 2205, 2617, 2623, 3082, 3367

Atlanta Fireman Pensions; annual actuarial reports,

HB 1475 ------.-._-_--__--------------__---------__-- 1537, 1555, 2616, 2620, 3112

Atlanta; Fulton County Tax Assessors Board assess

property, SR 351 .............__.___.._..............1292, 1671, 1775, 2186, 3078, 3135, 3372

Atlanta; Fulton County Tax Assessors Board assess property, HB 1599 ......................_.___._..............._1098, 1103, 2415, 2423, 2625, 3072

Atlanta; Fulton County Tax Commissioner collect city taxes due, HB 1600 ____----------____-_-_----.1098, 1103, 2415, 2423, 2632, 3073

Atlanta; Fulton County Tax Commissioner collect city taxes due, HR 566 _______._..----............__._-.1100, 1105, 2416, 2425, 2739, 3072

Atlanta-Fulton County; comprehensive countywide development plan, HR 567 ___.____------..................__..1100, 1105, 2416, 2425, 2730

Atlanta-Fulton County; comprehensive development plan, HB 1603 ...._..-.................._..---.----1099, 1103, 2415, 2424, 2637, 3073

INDEX

3445

Atlanta-Fulton County; create joint city-county board of tax assessors, SB 115 -------.._..__......_..._.__._.......___.__. No action in 1978
Atlanta-Fulton County Library Services; operated operated by County, HB 1608 ................ 1099, 1104, 2415, 2424, 2663, 3075

Atlanta-Fulton County Library Services; operated by county, HR 571 _..__________..___._________.______..______.1101, 1105, 2416, 2425, 2720, 3074
Atlanta-Fulton County Water and Sewer System; operated by city, HB 1607 ....__......,,....... 1099, 1104, 2415, 2424, 2644, 3074
Atlanta-Fulton County Water and Sewer System;

owned by city, HR 570 --..._.......:...^..._......-....._..._..1101, 1105, 2416, 2425, 2717

Atlanta; garbage disposal system operated by Fulton

County, HB 1606 .----,,-...........--...... 1099, 1103, 2415, 2424, 2640, 3072

Atlanta; garbage disposal system operated by

Fulton County, HR 569

_ _ _ _ 1100, 1105, 2416, 2425, 2714

Atlanta Judicial Circuit; salary of Assistant District

Attorneys, HB 1612 --.._......_..__...._..,,_.__..._. 1459, 1473, 2616, 2620, 3113

Atlanta Pensions; prior service credit certain employees, SB 470 --....._ _.___.__.180 Atlanta Police Department; additional pension benefits, HB 231 ........ 2136, 2205

Atlanta Police Department; pension benefits, HB 230 ................ 1621, 1657 Atlanta Policemen; pensions, HB 1516 _______________ 2136, 2205, 2617, 2623, 3083, 3367 Atlanta Policemen Pensions; annual actuarial reports,
HB 1476 -.----...--...---.-.__._..-.---_________.____.-.-_-__-i53S, 1555, 2616, 2620, 3112 Atlanta; prohibited from annexation of areas without

referendum, HB 1610 ....................................... 1099, 1104, 2415, 2424, 2625 Atlanta; provide traffic engineering services at cost to

Fulton County, HR 572 __-._._.__________.______,,______.___._______ 1101, 1106, 2416, 2426, 2735 Atlanta; qualifications and residency requiremnts for mayor

and councilmen, HB 1602 ______ 1098, 1103, 2415, 2423, 2624 Atlanta; recomputation of pensions of certain retired
officers, HB 1418 -___._____.___-_____________._______.___________.___.1537, 1554, 2616, 2619, 3111 Atlanta; two city residents serve on Fulton County Planning
Commission, HR 568 _..._.__.. 1100, 1105, 2416, 2425, 2733 Atlanta University; commend on 112th anniversary, HR 780 _._____----.__. 1656, 1682 Attestation of Deeds; seal of notary public required, HB 1739 ...__..._ 1464, 1472 Attorney General; General Assembly urged to remove from
membership on certain authorities, HR 700.__-____...._______.1216, 1223, 1300, 1307

Attorneys Representing Indigent; appointment and payment, SB 267 ............................................................... No action in 1978

Auburn Recorder's Court; change to Auburn City Court,

HB 1376 _______.._______._._.___________.._.____-.___._.,,____.__.__..____-______.__--___ 203, 211, 618, 669, 705

Auction Sales of Livestock; change definition of special sale,

provisions on permits, HB 1370 .--.......--,,.. 203, 211, 816, 912, 1064, 1091

Auctioneers Commission; change scheduled termination date,

SR 267

._--... 208, 407, 619, 671, 708, 713, 2042, 3371

Audiology, Speech Pathology and; appointment of Board

members, HB 1428 _.._____.______,.____._.__.-___..__._-...-1038, 1045, 1301, 1394, 3140, 3241

Auditor, State; fix date for nomination and election,

HR 122 __,,___.._________._____.____.__-_-____..._-----.__..__-------_-------------- No action in 1978

Auditor, State; General Assembly urged to remove from membership on certain authorities, HR 700 ...... 1216, 1223, 1300, 1307

Auditor, State; provide for public inspection of annual report, HB 121 ......._.....,,,,...---.-.----.. --- 30, 37, 700, 743, 786

Augusta Fire Department; qualification rules established by City Council, HB 1908 _.._______________._.____.._---_.___--1367, 1382, 2416, 2427, 2700

Augusta Judicial Circuit District Attorney; compensation, HB 1095 __..___.______.____________.___.___.___..__._______-.__-_______._-_-...._-_-_.798, 811

3446

INDEX

Augusta Pension Fund; change custodian fund, HB 329 .... No action in 1978

Augusta Redevelopment Authority; formerly Augusta-

Savannah River Parking and Urban Redevelopment

Authority, HB 1909 -__.-__--......_.__..._______..._....___.__.... 1367, 1382, 2416, 2427, 2701

Augusta-Richmond County Colisuem Authority; property

purchased tax exempt, HB 1055 ...,...---------....______....,,_____.__.._._.__.____...__

2711

Augusta-Savannah River Parking and Urban Redevelopment

Authority; rename as Augusta Tomorrow Development

Authority, HB 639 ........ ..._....................._._...._........................... No action in 1978

Austell, City of, Mayor and Councilmen; compensation,

HB 1987 ............._..................__.... _.............................._ 1619, 1664, 2043, 2068, 2239

Austin, Dr. John S., Jr.; compensate, HR 442 ........._..... 1621, 1667, 1769, 2054, 2357

Authorities, State; General Assembly urged to remove

Attorney General and Auditor from membership,

HR 700 ........_................__......._..___....... .....__.......__.... ............. 1216, 1223, 1300, 1307

Authorities Study Committee; create, HR 591 ... 1725, 1759, 2.042, 2063, 2755, 2942

Automotive Gasoline Dealers, Distributors; change

provisions in Marketing Practices Act,

SB 378 ........___.....53, 368, 409, 621, 647, 991, 1063, 1069, 3165, 3188, 3212, 3371

Avondale Estates, Decatur and DeKalb County; maintain

development programs, HR 777 ....... .........._..._...._............_........ ..._... 1858, 2038

Azalea; designated State wild flower, SR 108 ...... ..... . ..._....... No action in 1978

Azalea; urge Governor to designate as State Wild Flower,

SR 366 ......__.___._......._.._..........._____......,,..............._..___.................._.._.. 1550, 2046, 2079

B

Bacon County Sheriff; appoint three deputies,

HB 1969 ............._...._.___.___................._.............................1620, 1662, 2416, 2428, 2702

Bacon County Small Claims Court; cost of filing

claims, jurisdiction, HB 1970 ..................._.._...... 1620, 1662, 2416, 2428, 2702

Bacon, Honorable J. O.; elected to State Transportation Board ...... .......... ... 360

Bad Checks; define term present consideration to

include past due rent, SB 484 . ... 205, 1174, 1224, 1307, 1309, 2257, 2274, 3372

Bad Checks; include rent in provisions of Code Section, HB 1837 ........ 1542, 1553

Bail in Criminal Case; procedures for granting,

HB 867 ............,,_.__...__.__...._....... 31, 41, 1053, 1403, 1425, 1632, 1700, 1725, 1728

Bail Jumping; create crime of, HB 750 ..._...... ..............................._..._.._......_....__... 25

Bail; prohibited certain juvenile cases, SB 63 ....................._........_........_................. -78

Bainbridge, City of; conveyance of interest in certain

real property, HR 518 .._.._..............._...._............ 691, 698, 1053, 1115, 1404, 1445

Bait Shrimping and Commercial Fishing Study Committee;

create, HR 256 .._.__.._...._.._.................'................................_........-. .............. 31, 42

Baker County Sheriff; compensation, HB 1062 _....._........... ... No action in 1978

Baker County Sheriff; salary, HB 1592 ...............................125, 733, 908, 992, 1062

Baker, Mrs. Marion Faircloth; commend, SR 309 .......

................

742

Baldwin County; Board of Commissioners, compensation, HB 449 .. 817, 911, 994

Baldwin County; conveyance of certain real property,

SR 255 _____________._-_-_--_-..-.--_-......-_......-... 105, 368, 410, 622, 671, 683, 830, 837

Baldwin County Small Claims Court; change

jurisdiction, SB 542 . ......._........................... 660, 734, 823, 913, 1467, 2034, 3371

Ballard, Senator Don; excused from voting ................._..._..._.........._._........_...... ...... 130

Ballots, Election Code; order of names determined

by lottery, SB 485 ........................_._..._..._._._.._.--_.._.--_..--... 206, 700, 738, 830, 869

INDEX

'3447

Ballots, Municipal Elections; relating to unopposed

candidates, SB 427 _________..______________________.__........_..________._______.____74, 213, 370, 413, 427

Bank Holding Companies; limitations on acquisition

of voting shares, SB 577 ____________........_...... ._.._.._..._______.._.____.__.____.______..___._..___.__..... 728

Bank Offices Within Airports; establish, HB 1483 _______ 401, 407, 667, 704, 744, 796

Banking Corporations, International; exempt from

property tax, certain cases, HB 1338 ...... ... .... 898, 902, 1300, 1394, 1683, 1727

Banking Department; powers and duties relating to

financial institutions, HB 1511 ______.._.. 1162, 1168, 1479, 1569, 1683, 1735, 2213

Banking Emergency; provisions for closing financial

institutions, HB 1510 .

.... 1286, 1295, 1479, 1569, 2446, 2497

Banking, Finance and Insurance Committee; Senator Duncan

preside over meeting _-._..___.....,,____..__._..._.___.._.__.._.

361

Banks, Branch; establish through merger under certain

conditions, HB 1508

... 1211, 1218, 1479, 1569, 2105, 2134

Banks County Homestead Exemption; certain property

owned by residents .............

1215, 1223, 1671, 1778, 2195

Banks, Financial Institutions; certain banks authorized to

maintain representative offices in Georgia,

HB 1509 -..-.-.-______________.--......._________________......._.__.1039, 1046, 1300, 1395, 2105, 2134

Banks, Senator Peter; excused from voting ______...._.________________._____.._._.________________..__ 109

Banks, Senator Peter; explanation of vote ._.._...__..........................._..............._.... 1707

Barber, Honorable Jack McWhorter (Mac); commend, SR 418 _______________ ___ 3360

Barker, Senator Ed; explanation of vote

.....____...._.._ 1252

Barnes, Senator Roy; authorized to call Judiciary

Committee meetings _-_---__.---.-....-_..,,.__. 175, 200

Barrow County Board of Commissioners Chairman;

compensation, HB 1996 ___.___.___.,,...._________._____...__....___. 1618, 1664, 2417, 2429, 2702

Barrow County; property transfer, easement for Petroleum

Products Pipeline, HR 741 ___... 1631, 1666, 2217, 2220, 2447, 2756, 2998, 3369

Barrow County Tax Commissioner; compensation,

HB 1997 ....___-____...._.---_.-.......-..._-_--___.......--..-_____. 1618, 1664, 2417, 2429, 2703

Barrow, John C., Bridge; designate, SR 40 ____________ .. __ No action in 1978

Bartow County Coroner; compensation, HB 1979 .......1541, 1559, 1772, 2059, 2238

Bartow County; easement of air rights over and across

certain property, HR 514 ................ ................. 985, 988, 1389, 1488, 2105, 2160

Beaches, Coastal Sand Dunes; provide for protection, HB 1416 . - ...... 726, 732

Bearden, Bishop Harold L; commend, SR 371 _______ _____________________ ..............1787

Beehives; change provisions on protective devices,

HB 1554 ....._............_........................_._.................1159, 1169, 1303, 1395, 1683, 1737

Beer; provisions for importation into State, SB 536 ............... ....___._.....--. 612, 1050

Beer, Wine Sale Without License; tried in certain

courts, HB 141 _.....................--................. .....-............... -- ...-.... No action in 1978

Bell, Gaye; congratulate and commend, SR 390 --.___.

..._-_- 2512

Beverage, Malt Dealer; penalty performing certain acts

without license, HB 1302 ................. .......... --.._. - 202, 210, 667, 704, 744, 796

Bibb County Ad Valorem Property Tax Administration;

provide, HB 1616 ...... ....... ..--. ..._.........---...--.798, 811, 1051, 1115, 1180

Bibb County Board of Public Education and Orphanage;

compensation, HB 1069 ........................................._....-- 990, 1058, 1119, 3075

Bibb County CETA Study Committee; create,

HR 670 ...................... ................................. .............. 1216, 1223, 1386, 1493, 1578

Bibb County Civil Court; change jurisdiction, SB 371 ............ No action in 1978

Bibb County Homestead Exemption; include some cooperative

ownerships, HR 485 ........... ...... ........................... 204, 212, 1066, 1224, 1305, 1526

Bicycle Caravan and Tug McGraw; commend, SR 278 ___......._.___....-.--------.---- 412

3448

INDEX

Bicycles; included in certain provisions under

Uniform Rules of Road, HB 1434 _______________________ 690, 696, 992, 1057, 1403, 1433 Bicycles on Public Roadways; grates, installation of,

HB 1235 ._-_._...-......_..-_.......-...__._........._..._.....726, 731, 1109, 1176, 1308, 1322, 1546 Billiard Room Operations; consolidated city-county
government exempt from provisions, HB 1709 ....-..___..._ 1288, 1296, 2217, 2219 Billiard Rooms; admission requirements for those under
18 years of age apply only if alcoholic beverages are sold, HB 1544 _,,...__._..,,..,,.._...._.................. 1211, 1219, 1479, 1569, 1788, 1852 Billiard Roms; hours of operation, HB 744 ........ _._____________,,__._,,__.,,____.________,,,,__ 31, 41 Billiard Rooms, Regulation of; remove references to race,

exempt certain counties from regulations,

HB 1699 ......

1163, 1170, 2046, 2065, 2447, 2589, 3074

Bingo Games; amend Code relating to gambling places, SB 218 .......,,_...._.__.. ._._. 78

Bingo Games; certain acts without license constitutes

gambling, HB 1791 .............................._..__.__.-_..1160, 1170, 2218, 2222, 3140, 3248

Bingo Games, Nonprofit; General Assembly

regulate, SR 220 .-----......

59, 1387, 1484, 1579, 1614

Bingo Games, Nonprofit; General Assembly regulate,

HR 444 ................_._.........._...............__.._.._...........1164, 1172, 1564, 1673, 2104, 2109

Bingo Games, Nonprofit; regulations, HB 1267___.1164, 1167, 1481, 1567, 2104, 2112

Birney, Mrs. Alice McLellan; relative to childhood

home, SR 155 ..----..._.,,......._.._

........... No action in 1978

Birth Certificates; procedure for changing or amending,

SB 518

._....--.-..-__._....--

404, 1052, 1109, 1187, 1188

Blasting in Vicinity of Underground Gas Pipes; delete certain exceptions, HB 1268 ............1463, 1469, 2217, 2219, 2756, 3016

Blasting Operations; standards for use of Explosives, HB 824 _._._-_._....... 983, 987, 1302, 1392, 1683, 1690, 1767

Bleckley County Small Claims Court; change jurisdictional amount, HB 1468 ._..............-__.___.__.................___.__..........._..609, 617, 699, 741, 826

Bloomingdale, City of; change corporate powers, HB 2051 .-_._____._.___.._-_-_-_--.___..._..._-_-_-----_--.2138, 2208, 2417, 2431, 2708

Bloomingdale, City of; redefine corporate limits, HB 2052 ........ --.,,.... . --........... 2139, 2208, 2417, 2431, 2709

Bloomingdale City Police Court; change jurisdiction, HB 2053 .... 2139, 2208, 2417, 2431, 2709

Board for Certification of Librarians; composition, HB 1227 .____._......._.__......._.................-.........-__-_......803, 808, 1108, 1176, 1308, 1321

Boat Safety Act; change provisions relating to inflatable
rafts, flotation devices and accident reports, HB 1529 _........,,..___.........__..__._-_.........___..-.--. 1161, 1168, 1303, 1395, 1683, 1752

Boats; time and method for payment of ad valorem
tax changed, HR 81 ..-..-._,,.....-.......__..__...-..-1548, 1559, 2043, 2067, 2247, 2352, 2500, 2569, 3024, 3027

Bond in Traffic Cases, Cash; delivery of receipt, HB 1725 ..______.._._______.___..-_-__-._._._..-._--_..---1463, 1471, 2045, 2066, 3141, 3302

Bonded Public Warehousemen; repeal certain criminal penalties, HB 1410 .......

363, 366, 1481, 1538

Bonding of State Officials; Administrative Services Commissioner's duties, HB 791 ..........______..__. 1634, 1657, 2045, 2060, 2446, 2449

Bonds, Contractor's; change requirement relating to contracts with counties, SB 519 ............._-..._.....-_.---404, 734, 820, 919, 966, 2553, 3372

INDEX

3449

Bonds, Revenue; provisions for undertaking, costs and

validations, SB 622 ...................... 1217, 1385, 1483, 1579, 1606, 2552, 3371

Bonds, Surety; alcoholic beverage licensees,

HB 1303 ...._.____........_..._........_._.____._......1285, 1294, 1770, 2049, 2756, 3037, 3368

Books, Surplus, disposition of State-owned; Executive

Department, HB 611 .........._._.____-......__.._................._..............106 ( 131, 163, 1767

Boston, City of; mayor and aldermen, election,

SB 520 ........................................... 405, 618, 669, 705, 1041, 3371

Bovines, Swine; exempt from ad valorem tax,

HR 85 .....__.___..........__..-_.........___.______........_1041, 1049, 1479, 1571, 2105, 2155, 3072

Boys Estate, Inc.; conveyance of interest in certain

real property, HR 527 __.______________....___.______.___.1041, 1049, 1389, 1489, 2105, 2163

Branan, Chief Warrant Officer William H., Jr.; regrets

at passing, SR 330 .....-.-._.-_____-.-_-....__-..........._.______........_-_._.......__._.._............_..1011

Brantley County Board of Commissioners;

compensation, HB 1853 ......_..._.____._......._.._.._..........___.1364, 1379, 2216, 2224, 2434

Brantley County Officials; compensation of

personnel, HB 1852 .,,_._.........._____..._......_.......,,.__..... 1364, 1378, 2216, 2223, 2434

Brantley County Sheriff; number of deputies and

compensation, HB 1851 ............... 1364, 1378, 2216, 2223, 2440, 3069

Brooks County Board of Commissioners; election of

members, HB 863 .................................... No action in 1978

Brooks County; exempt certain real property from ad

valorem taxation, HR 671 _______________________________________ 1371, 1383, 2617, 2623, 3152

Brooks County Tax Officials; receive tax returns on 1st

day of March, HB 1655 ...................... 801, 814, 1562, 1675, 1781

Broome, Honorable Hugh D.; elected to State Transportation Board .__......... 360

Broun, Honorable Paul C.; recognizing, SR 377 ..,,.__......______._________._..__.,,___.._.._.__. 2001

Browning, Mr. and Mrs. Thomas J.; congratulating, SR 374 ...,,--_......--.....--2079

Brunswick, City of; property transfer,

HR 663 ....__........ 1547, 1560, 2047, 2067, 2756, 3046

Brunswick Judicial Circuit; terms of Superior

Courts, HB 1845 _.......1465, 1473, 2046, 2066, 2247, 2326

Brunswick Police Court Recorder; change residency

requirements, HB 2069 ........... 2256, 2407, 2616, 2622, 3117

Bryan County Board of Education; election of

members, HB 742 ....................... 1300, 1396, 1496, 2780, 2989

Bryan County Sheriff and Deputies; additional

compensation, SB 631 .........

1290, 1386, 1489, 1572

Bryant, Boudleaux and Felice; commend, SR 385 ..................... 2445

Budget Message; Governor address joint session, HR 432 ........... 27, 61, 95, 96

Buie, Buddy; commend, SR 423 _________._______.______...-___.._--..._~------_-~----3361

Building Administrative Board; change scheduled

termination date, SR 247 ._......___.,,..._..84, 354, 818, 910, 1064, 1085, 3363, 3372

Building Administrative Board; change termination

date, HR 459 ....._.......__...._-__......_...._.__--_-_--364, 367, 1052, 1114, 3140, 3230

Building Authority, Georgia; assistance from State Patrol

and GBI in security measures, SB 551 ....._.._......._._.661, 1052, 1110, 1236, 1308,

1316, 3068, 3370

Building Standards for Energy Conservation; provide

for establishment and enforcement,

HB 1310 ..._....-....-.-.. 122, 125, 700, 740, 831, 918, 932, 1373

Bulloch County Board of Commissioners; clerical assistant,

compensation, HB 1684 ...

893, 904, 1051, 1115, 1180

Bulloch County Probate Court Judge; compensation of clerical employees, HB 1669 .__......__.....__....._-...__..--. 802, 815, 990, 1060, 1124

3450

INDEX

Bulloch County Sheriff's Deputies; compensation,

HB 1666

_

Bulloch County Small Claims Court; create,

801, 814, 990, 1059, 1124

HB 1862

...

1364, 1379, 1563, 1676, 1783

Bulloch County Superior Court Clerk's Employees;

compensation, HB 1668 .... ..__._.. 802, 815, 990, 1060, 1124

Bulloch County Tax Commissioner's Assistants;

compensation, HB 1667 .........

801, 815, 990, 1060, 1124

Burglar Alarm; manufacturer indemnify retailer for damage

due to malfunction, SB 562 ........ 663

Burglary; mandatory imprisonment second and third

convictions, HB 562 ...........

....... 700, 740, 831, 918, 926

Burglary of Dwelling House; separate provisions and

penalty, SB 185

...........

No action in 1978

Burial of Paupers; change maximum costs authorized, SB 379 _.......___._..._... 53, 61 Burke County Probate Court Judge; personnel,

HB 1472 .......

609. 617, 699. 742. 827

Bus Passenger Safety Act; provide, HB 1629 __.......... 1466, 1470, 2218, 2221, 2447,

2506, 3074

Busbee, George D. Highway; Transportation Department

designate portion of 1-185, SR 243 ____...-_-._..___________._ ..-___________.....________________....-___77

Busbee, Governor George D.; address _........_.... 62, 96, 3346

Busbee, Governor George D.; communications .__......._._.______________ 15, 16, 27, 1789

Busbee, Governor George D.; veto letter, 1977 session ....

______ 15, 16

Buses on Highways; maximum width provisions on highways, SB 360 30, 36

Buses Operated for Youth Organization Chartered by

Congress; operating fee, HB 1849 ..

1635, 1661, 1774, 2053

Buses, School; change equipment requirements,

HB 1587 _________________________ _________________ 727, 733, 992, 1058, 1236, 1404, 1437, 1768

Buses, School; change speed limit on interstate highways, SB 629 ______________________________ 1290, 1390, 1483, 1579, 1610, 2597, 3372
Business Corporations; requirements relating to filing documents, SB 220 _________________.___,,.___________ __________________________ No action in 1978

Businessmen, National Alliance; endorsing jobs and education program, SR 117 ..-_.._-. No action in 1978

Butts County Homestead Exemption; certain property, HE 528 _____._..________________________._.._____________________________,,.._______ 659, 666, 2417, 2433, 2743

Butts County Probate Court Judge; minimum salary,

HB 2036

--

-..- -

1857, 2037, 2417, 2430, 2706

Butts County School Board; selection on an at-large basis,

HB 1936

- --.-

1539, 1557, 1771, 2057, 2234

Butts County Sheriff; compensation, HB 1814 ___________ 1213, 1221, 1386, 1492, 1577

Butts County; time for making tax returns, HB 1498 ____._.....______________________________.........._..__.___ 1621, 1658, 2415, 2421, 3141, 3333
Byron, City of; create recorder's court, HB 2048 _______ 2138, 2208, 2417, 2431, 2708

Cable Television Systems; regulated by Public Service

Commission, SB 391

...... ........-.,,,,-,,-....-55

Cairo, City of; change provisions on executions for

claims due city, HB 1864 _ ....................... _____________ 1364, 1379, 1563, 1676, 1784

Callanwolde, Young Singers at; commend, SR 339 .

1235

Campaign and Financial Disclosure Act; amend to

INDEX

3451

limit contributions, SB 314 .______.__,,_..._____._._..___,,___..__..____.____ No action in 1978

Campaign and Financial Disclosure Act; change certain report

filing requirements, HB 25 _-..____._______.__..,,._.__________ No action in 1978

Campaign and Financial Disclosure Act;

redefine "candidate", SB 569 ._._,,.,,_._ 692, 1174, 1225

Campaign Disclosure Act; prohibit contributions by certain

organizations to officials and candidates, SB 187.--.--.._______ No action in 1978

Campaign Practices, Prohibited; redefine,

HB 1555 .._.._________._.._______....____________....,,._________.,,..__ 1211, 1219, 1387, 1487, 2105, 2145

Campsite Charges; reduce for 65 year olds, SB 329 ..._____.____...._________._.________..30, 35

Cancellation of Instruments; grantees of security

interest excute, HB 743 ___._________,,._..,,__.__ No action in 1978

Candidate; redefine under Campaign and Financial

Disclosure Act, SB 569 ____......._____..______.____________._....___________._._________....692, 1174, 1225

Candidates Nominated by Political Body; amend Election

Code to change requirements, SB 186 .

,,___________ 29, 32, 106, 131, 133, 212

Candidates; provisions for substitute nomination if vacancy occurs

before general election, HB 1764 ____.__.1655, 1659, 2418, 2422, 2756, 3009, 3369

Candidates, Public Office; change time for qualification,

SB 545 .............,,.._ 660, 1052, 1110, 1236, 1403, 1409

Candidates, Unopposed; names need not appear on ballot,

municipal elections, HB 1336 ______ 689, 696, 1052, 1113, 1236, 1308, 1331, 1767

Candidates, Write-in, Special Elections; requirements,

SR 233 .......... 76, 213, 371, 413, 621, 623, 2410, 2570, 3372

Capitol Security Force; commend, SR 314 --..--.........___..___.... 743

Carroll County; General Assembly provide civil service

system to those paid by county, HR 645 _______ 1101, 1106, 1301, 1398, 1532

Carroll County State Court; compensation, HB 1795 ... 1160, 1171, 1300, 1397, 1495

Carrollton Board of Education; election, HB 1954 ___ 1540, 1557, 1771, 2058, 2235

Carrollton, City of; chan-gje provisions on city

elections, HB 1955 ______t ....________..._.. . .. 1540, 1558, 1771, 2058, 2236

Carter, Alton; regrets at passing, SR 281 .____...__.._.____....__.._..,,___._..._ _.412

Carter, President Jimmy; create Senate Committee to honor,

SR 49 ..-......_._...._........... 1054, 1187

Cash Bond in Traffic Cases; delivery of receipt,

HB 1725 ._..________....._______..__________...______._...______..____ 1463, 1471, 2045, 2066, 3141, 3302

Catoosa County Commissioner; amount paid for clerical

assistance, HB 1962 ....._._... 1540, 1558, 1771, 2058, 2236

Catoosa County; disposal of tract of State-owned property

authorized, HR 542 _____._..._________.._______.._____...__1547, 1560, 2047, 2067, 3141, 3337

Catoosa County, Lakeview, Fort Oglethorpe; bonds for stadium

and recreational facilities, HR 664 _______________________ 1288, 1298, 1386, 1493, 1651

Catoosa County; local option sales tax; exception as to

distribution of revenues, HB 1804 ______ _________ 1544, 1552, 2043, 2066, 2447, 2603

Catoosa County Probate Court Judge; allowances for

clerical help, HB 1965 _______..________._______..-___._---_--1541, 1558, 1772, 2059, 2237

Catoosa County Sheriff; change salary,

HB 1964 ___________.________..______..._______..______.._______..________._____.1540, 1558, 1772, 2059, 2237

Catoosa County Tax Commissioner; compensation,

HB 1963 .....--. 1540, 1558, 1771, 2058, 2237

Cavender, Wayne; compensate, HR 588 __________________ .___ 1622, 1667, 1770, 2055, 2365

Cemetery, Municipal; change provisions relating to sale of

lots, HB 65 ._______._____.-______-_____.--__._---_--._-_-----_-- 818, 911, 1403, 1423

Certificate of Title Act, Motor Vehicle; bonds, HB 265 ____________ No action in 1978

Chamblee, City of; increase fine and penalties for

ordinance violations, HB 1998 .

1618, 1664, 2216, 2225, 2437

3452

INDEX

Chaplains of the Day:

Belcher, Rev. R. C. ........................................... 670

Borders, Rev. William Holmes ... .......................................__.....,,...

2754

Brackett, Dr. Alvin H. -------..-...---...-....--__.........__.,,......____.....__________....._______ 1682

Brackman, Rev. Julian H. -.--__._,,....._-.__.__...........__......,,..__.......______.,,_........._._. 1306

Clinton, Rev. Bill .------_.......-.........._-..__..__.._...,,..__..._......,,,,._......._.._.............._____ 1787

Coe, Rev. Lester J. ---------.._.......--,,___..,,,,.........._........_.,,.___......_.______...........,,_. 375

Collins, Rev. Fred .------____._______._,,...____.__.__________.._.______.__.,,__________,,.,,__.____._.________. 1126

Culpepper, Rev. Ronald --....,,__....--.......--....____............_.,,.........._._..................__.... 60

Dennis, Rev. Charles ....-.____...._.....,,_............,,._.___..........._,,_...........__.._..._............. 2445

Durham, Rev. Henry --..__________,,_______.______..__.___.________________,,______.__._______._________________ 88

Enniss, Rev. P. C. "Buddy" __.,,_____.__._._.__,,.._._

828

Gilley, Rev. Paschal, Jr. .....__.,,........_,,__.___..............._..__._............_...__.._...__._....__.. 118G

Gracz, Father Henry -_._._..._.._..,,.._...........__..__.............._...__.....,,............_.__...__.___.. 130

Hamilton, Rev. C. S. ............................................ 2244

Jenkins, Father John ---,,--.---,,__._-.,,........-.._...__.__.........,,,,.___.........................._. 1235

Jones, Rev. Bevel .........................................

3118

Louttit, Rev. Henry, Jr. ........ .._...__.__.._............_..___..__.._..........._..__..._.._... ......... 411

Marshburn, Dr. Robert ...................

218

O'Conner, Rev. William "Bill" ......................... 1063

Ozment, Rev. Robert V. -._-.__._......._..........._-.-__.___.._..__...............-_-_.__._................1578

Pennell, Dr. William W. .........................

1503

Rayner, Rev. R. C. ..__._..,,.......,,.,,__....__...__..._..............,,..__..__.___............._.__.._._.__..__. 707

Rice, Rev. Dan ..____.._...........______..___........................_.__.._.......................__.._..............186

Sealey, Rev. Juel _............._____.._.,,._..............._._...__.._..,,......._..,,_..__._.__................... 995

Shattles, Rev. Bobby ,,.,,...,,...,,.___._..._...................__.....__.__..,,.,,...........,,_..__.,,.._..._.. 917

Smith, Rev. Jerome ,,...........__.,,_.___._.....................__.__.______...,,.......,,._..___.___._____...,,... 13

Spillers, Rev. Ronald .._.._..___..................._......_...__.-_...,,..,,..........__.._..._..___............ 2078

Taylor, Rev. Ralph _..__.._,,__,,,,._..__,,.___.,,._..__.,,,,.__,, 742

Tolbert, Dr. Malcolm 0.

.................

.......

79

Varnadore, Rev. Robert E. .............-...._..._..__.__..._..__................,,.__._._.._.._..___...._. 1403

Wilson, Rev. Charles .__.............._...._._.____...._._...................___..__.___..__.......................620

Charlton County Justices of Peace; increase civil case

jurisdiction, HR 716

.. .._.__.__.__. 1467, 1478, 1772, 2059, 2394

Chatham County Alcoholic Beverage Sale on Sunday;

certain restaurants, HB 1250 ....

724, 731, 1385, 1485, 1683, 1716,

1768, 1788, 2017

Chatham County Board of Education; compensation

changed by local law, HR 653 ................. ....

1215, 1222, 1386, 1492, 1648

Chatham County Board of Elections; filling vacancy in

office of chairman, HB 2016 ._...__.-._-_...-._._._.._...-_ 1713, 1758, 2216, 2225, 2438

Chatham County; easement to GAP Corporation through

Savannah River, SR 259 -..._...._.........._._. 124, 368, 410, 622, 671, 685, 1041, 3372

Chatham County; easement to Southern Natural Gas Company, SR 118 .........._.._..._.._._.__..._..__--........................-..... No action in 1978

Chatham County Homestead Exemption; 65 years old or disabled, SR 347 _....__._.................................. 1292, 1671, 1775, 2184, 3071, 3372

Chatham County Officers and Officials; compensation, HB 1922 .............._..__.__...___._..___......__.._..........................1856, 2036, 2416, 2428, 2701

Chatham County-Savannah; homestead exemption, SR 348 _______.___.._---_-_-_-.._._.___..__.____--- ._.._._.__........._.._._.... 1292, 1386, 1490, 1642

Chatham County-Savannah School Systems; exemption from Constitutional provisions removed, HR 549 ._......__......688, 698, 1051, 1117, 1359

INDEX

3453

Chatham County Sheriff, Chief Deputy and Jailer;

compensation, SB 576 ....__.......__......__.....__.......__...._._......_....._.._......693, 735, 824, 915

Chatham County Sheriff; compensation,

SB 575 ............

693, 735, 824, 915, 3078, 3174, 3372

Chatham County Water and Sewer Authority; number

of members, HB 2039 ._..__..._......._._...__........._......_......1857, 2037, 2616, 2621, 3116

Chatham-Effingham Electric Utility Authority;

create, SR 248 ...

85, 183, 216, 445

Chattahoochee Compact; interstate authority with Alabama to

promote development and preservation,

HB 1747 .

.

..

. 1212, 1220, 1564, 1673, 1788, 2003

Chattahoochee County Board of Commissioners;

compensation, HB 1727

........ 896, 907, 1051, 1117, 1184

Chattanooga Housing Authority; conveyance of State-

owned property, SR 329 ........ 1044, 1175, 1226, 1403, 1422, 2346, 3372 Chattanooga Housing Authority; conveyance of State-
owned property, SR 335 __...______..____...___.1165, 1389, 1484, 1579, 1624, 2346, 3372

Chattooga County Board of Education; compensation, HB 1812 ,_. 1213, 1221, 1386, 1492, 1577, 1582, 1669, 1680, 1767
Checks, Bad; include rent in provisions of Code Section, HB 1837 ............................... 1542, 1553
Cherokee County Board of Commissioners; abolish and create new office, HB 1236 .__......_...._-...._-...._.....___....-....-.81, 85, 367, 410, 619
Cherokee County Justices of Peace; dollar amount of civil cases, HR 720 --.._-__..._____.__....__.._.._._____.___.__.. 1547, 1561, 1772, 2060, 2399
Chickamauga Recorder; provide for election, HB 1944 ..................... ... 1540, 1557, 1771, 2058, 2235
Child Abandonment; change provisions on venue of offense, HB 1101 ............................... 82, 85, 1773, 2048'
Child Abuse; reports by physicians, provisions for immunity from liability, SB 616 ..... 1165, 1387, 1483, 1579, 1605, 2754, 3372
Child Care; fire safety standards for day care centers. HB 1521 ....._......._..._......_..........._...__...._......__.....1039, 1046, 1301, 1395

Child Custody, Habeas Corpus Cases; notice of appeal not serve as supersedeas, SB 445 ... 83, 668, 702, 743, 759, 3137, 3218, 3291, 3302, 3350

Child Custody, Intrastate Jurisdiction; provide,

SB 397

.......__..___._._ 56, 668, 701, 743, 751, 2169, 2273, 3371

Child Custody Jurisdiction Act, Uniform; enact,

HB 1281

.... .

897, 902, 1302, 1393, 1683, 1720

Child, Enticing for Indecent Purposes; change

provisions of Code section, SB 479 ......... ...... ..........._...... .... 205

Child; name change provisions, HB 1584 ...... 899, 904, 1175, 1228, 1404, 1436
Child Negligence; provide presumptions as to exercise of due care, SB 56 ............_--__--...--................... No action in 1978

Child; Sexual Abuses; filming of child engaged in sexual act unlawful, SB 477 ....._..--.-..-- ...,,. -- .__-...--.....181

Child Support Payments; provide for collection and monitoring of payments, SB 247 .

1388, 1482, 1579, 1584

Child Support Recovery Act; parents make wage assignment, HB 665 ....... .... -....--- 31, 41, 1388

Children and Youth Act; amend to provide for limited disclosure of juvenile records, HB 1774 .................... 1542, 1552, 1773, 2052, 2247, 2320

Children, Cruelty to; criminal provisions, penalty, HB 1307 ................................... 177, 182, 991, 1057, 1188, 1206, 1289

3454

INDEX

Children, Employment of; acting, recording or

modeling permitted, certain circumstances,

SB 625 __.,,____._____...____...____._.___..__.. 1218, 1388, 1483, 1579, 1609, 3329, 3331, 3372

Children, Employment of; worker's certificate not

required for those aged 16 or older, SB 628 ___________ 1289, 1388, 1483, 1579, 1610

Children; sexual exploitation prohibited,

SB 408 __...___...____...._____..._____...___._______58, 1052, 1109, 1236, 1248, 2552, 2572, 3077,

3130, 3167, 3254, 3367, 3372

Children; sexual exploitation prohibited,

HB 1312 _.______.______.._.______________.____..1370, 1375, 2217, 2219, 2446, 2454, 2459, 2598,

2793, 3055, 3065, 3249, 3366

Children, Troubled; interagency task force create

plan for developing services,

SR 290 _________

.._

. 664, 990, 1055, 1236, 1403, 1421, 2409, 3371

Chilivis, Honorable Nicholas P.; commend, SR 241 ---_-__--__---.... 79

Chiropractor Practice; further define scope, SB 583 ________________ ___._._____._.____. ._____729

Chiropractors; qualification of applicants,

SB 582 _____________________________________________ 729, 1387, 1482, 1579, 1602, 1622, 3067, 3372

Cigar and Cigarette Tax; provide refunds or credits,

HB 507 ...____...,,__._....,,_. 31, 40, 361

Cigarettes, Cigars; sale below cost price, remove

prohibition against, HB 1358 .,_______.__.________--._____,..______...____________...____ 898, 903, 2419

Cities and Counties; establish redevelopment programs,

HR 162 __ _________________ _ 178, 182, 1051, 1114, 1308, 1347, 1363, 1404, 1451, 1548

Cities; authority to grant tax exemption to designated

housing improvement districts, SR 130 _______________ 30, 36, 734, 831, 918, 919

Cities; authorize taxes for city-county development

authority, SB 417 ................................ ......... 72, 183, 215, 376, 386, 2040, 3371

Cities; court jurisdiction in nuisance abatement cases,

HB 1326 .................................................. ............................ 1543, 1551, 2218, 2221

City and County Services; limit as prescribed

in Constitution, SB 125 ......._...----......... ...--.--.....--...-. ...... No action in 1978

City, County Indemnity Insurance; payment of certain

claims, HB 1656 .._______..________.__________..._________. 1212, 1219, 1770, 2052, 2247, 2313

City Planners; exempt from licensing provisions for

landscape architects, HB 1815 . ................... 1463, 1472, 2217, 2220, 3140, 3219

City Police, Fire Department Head; request assistance

from Public Safety Department or Georgia Bureau of

Investigation, SB 503 ........................... 364, 668, 703, 743, 782, 2016, 2080, 2614

Civil Defense Act; marine rescue squadron, licensing

requirements, HB 458 .. ......... _____._.__.__.__...____.__..._____________.._,___ 1176, 3140, 3226

Civil Liability, Immunity; provisions for persons rendering

emergency care at scene of accident,

HB 1387 ........................... .... 400, 407, 2218, 2221, 2756, 3027, 3140, 3166, 3196

Civil Practice Act; amend, SB 83 ...

................ 87, 107, 131, 132

Civil Practice Act; provisions relating to dismissal of

actions, SB 189 ...._.............._.._..........._..........._.....__................._................... 29, 32

Civil Practice Act; trial by jury or by court, change

provisions, SB 175 ._........................._................................----. No action in 1978

Civil Pretrial, Trial and Posttrial Procedures; discovery

against firm not party, HB 1769 .... ........ ........... ......... 1367, 1378, 2218, 2222

Claims Against State not Exceeding $500; processing

and disposition, HR 615 .........._._......__.._........ 1372, 1383, 1562, 1674, 2105, 2158

Clarke Central High Football Team; commend, SR 276 _......

383

Clarke County Board of Commissioners; compensation,

HB 1941 .....______..........___......______......__......___......._____....___1539, 1557, 1771, 2057, 2234

INDEX

3455

Clarke County Magistrate's Court and Recorder's Court;

enumerate certain fees, HB 1942

..

1539, 1557, 1771, 2058, 2234

Clarke County School System; use of taxes levied,

HB 1975

............. 1620, 1662, 2418, 2428, 2711

Clarke County Sheriff; powers and duties,

SR 239 .___._.._.._.___......_..__.____._..._._.......___________.__.._._._._..._._._.77, 86, 109, 444, 727, 3371

Clarkesville Homestead Exemption; 65 year olds,

HR 545 .....

687, 698, 908, 993, 1357

Clarkston Mayor and Council; terms of office,

HB 1674

...... .._...._...._...._.. 802, 815, 1386, 1491, 1575

Classroom Aides; funded by Adequate Program for

Education (APEG), SB 555 ___._........_____.._._.662, 735, 821, 996, 1013, 2204, 2291,

2412, 2588, 3372

Clayton County Board of Commissioners; compensation,

HB 1700 .......

.. . .........._.._. 894, 905, 1107, 1179, 1233

Clayton County Board of Commissioners; location of

office, HB 1784

.. ........1100, 1104, 1224, 1305, 1402

Clayton County Probate Court Judge; compensation,

HB 1654 ........___.._.............._..._.............__........... ......_.......... 801, 814, 1107, 1179, 1233

Clayton County Sheriff and Superior Court Clerk;

compensation, HB 1653

...

801, 814, 1107, 1179, 1232

Clayton County State Court Judge; compensation,

HB 1651 .........._................_..............._._.._.......................... 800, 813, 1107, 1179, 1232

Clayton County Tax Commissioner; compensation,

HB 1652 ............

800, 813, 1107, 1179, 1232

Clerk of Probate Court Judge; exercise jurisdiction in

certain cases, HB 132 ................. ......._._.. 399, 406, 700, 740, 831, 918, 924, 1289

Clerks of Superior Court; authorized to deposit funds in

interest bearing accounts, certain circumstances,

HB 1504 ....

. .._................... 1286, 1295, 1773, 2050, 2446, 2470

Clerks of Superior Court; duties; name and address of

grantee in deed recorded, HB 1234 ........._. 202, 210, 736, 822, 1064, 1087, 1289

Clerks of Superior Court; longevity increases,

HB 1300 .._........._............................_..... ......... 1368, 1375, 1563, 1672, 2104, 2125

Clerks of Superior Court; record criminal cases on

microfilm, revise fees, HB 1848 1542, 1553, 2046, 2066, 2447, 2756, 3005, 3073

Clerks of Superior Court, Retirement Fund; change benefit

provisions, HB 1343 .................._...... ........ ...898, 902, 1390, 1486, 1683, 1729

Clerks of Superior Court; revise fees, HB 1277 .............. ........607, 615, 2218, 2220

Club, Private, Alcoholic Beverage Sales, Commissioner of

Revenue regulate; define, HB 1304 ...... 608, 615, 1385, 1486, 1788, 1848, 2039,

2105, 2171, 2411, 2446, 2598, 2758, 3231, 3340, 3366

Coal Products, Mining or Removal from Earth;

excise tax imposed, HB 1873 ._..................._............_.._......._.._._........... . 1464, 1473

Coastal Management Board; create and compose,

HB 1465 ,,_________...____..___..-_____.___....._______.._.-. 804, 810, 1109, 1177, 1308, 1333, 2213

Coastal Sand Dunes, Beaches; provide for protection, HB 1416 ........_...... 726, 732

Cobb County Civil Service Board; subpoena powers,

HB 1673 ...... ....._.._......._.......... 802, 815, 1386, 1491, 1574

Cobb County; extension of lease of certain real property,

HR 580 .......

985, 988, 1389, 1489, 1684, 1750

Cobb County; homestead exemption, HR 163 ....................................... ^1, 618, 1030

Cobb County Records and Identification Bureau;

repeal Act creating, HB 1798 .....-..- 1160, 1171, 1386, 1491, 1576

Cobb County Sheriff's Office; change provisions on

chief investigator, HB 1799 ...._...........__..__........_._.....1160, 1171, 1386, 1491, 1576

3456

INDEX

Cobb County State Court; magistrates shall be

elected, SB 610 .__..__._._..............._...__._..1043, 1107, 1178, 1230, 1621, 1630, 3372

Cobb County State Court; more than one chief

deputy clerk, HB 1844 .----.--------_-....______.._.._........_.______. 1283, 1297

Cobb County State Court; third additional judge,

HB 1734 ---....._.._......._......._..__.. ..984, 987, 1386, 1491, 1575

Cobb Judicial Circuit Judge; compensation, HB 1187 _...._...._._____ No action in 1978

Cobb Judicial Circuit; judges receive sum equal to employee

contribution to Superior Court Judges Retirement

System, SB 489 _...-...__.____.-.......................-.......__.._..........................206, 617, 669, 705

Cobb Judicial Circuit Superior Court; additional judge,

HB 1453 ......._____._._._......__...._.__._._.._._,,._.__..._. 726, 732, 1389, 1487, 1683, 1734

Cochran, Dr. Ann Scarlett; commend, HR 894 ...___...__.._......__......__.._._._...3166, 3360

Code on Commissioner of the Poor; repeal, HB 1305 .............. 689, 695, 1174, 1226

Code Revision Commission; membership for Senior Judge,

authorize execution of a contract,

HR 447 -_--__-_..__________-___.._____.__._______._______.82, 86, 368, 411, 622, 671, 708, 711, 806

Coin-Operated Games; provisions and exceptions related to

gambling offenses, HB 1649 _______.__________________1162, 1170, 2045, 2065, 2247, 2307

College, Military; increase tuition grants to students,

certain cases, HB 1665 ........___.........................1464, 1471, 2418, 2422, 3140, 3240

Colleges and Universities, Private; create Authority

to assist, HB 1333

. 1162, 1167, 2418, 2421, 2756, 2996, 3071

Colleges, Universities; regulations, minimum standards,

certain cases, HB 112 ____._________________.___._______._______.___.408, 619, 671, 708, 714, 1545

Collinsville, City of; repeal Act incorporating,

HB 1630 ..._-..__.....__.._..._.-.-..______.-_-.._....-.........................799, 812, 1386, 1490, 1574

Columbia County Board of Commissioners; provide for

recall, HB 1933 ....____.__.___._______.__-..-..........................._-.1539, 1556, 1771, 2057, 2233

Columbia County Board of Education; compensation,

HB 1932 ................__.._.._.___._.___..._.................__..._._.__._.1539, 1556, 1771, 2057, 2233

Columbia County Board of Elections; provide, HB 1145 __.___.__..No action in 1978

Columbus Charter; provisions for amending, SB 137 --.--.,,_----_ No action in 1978

Columbus City Court Judge; compensation,

HB 2058 ............__._._..-..._.................-.-...._.__-.--..--.2139, 2209, 2616, 2622, 3116

Columbus, City of; limit methods of amending charter,

HR 318 ........._......_-_-...................__.____---..........-.---------.No action in 1978

Commerce High School "Tigers"; commend, SR 277 ........-..............--..........376

Commercial Code, Uniform; new Article 9 relating to

secured transactions, HB 124 __..__-.,,.................___._-----.,,.30, 38, 700, 744, 788

Commission on Code Revision; membership for Senior Judge;

authorize execution of a contract, HR 447 ._.-_.__......82, 86, 368, 411, 622, 671,

708, 711, 806

Commission on Compensation; amend Act creating

relating to duties, meetings and reports,

SB 457 ._..,,...........,,.___..,,...........-_._-.-123, 817, 909, 1063, 1075, 1859, 2099, 3371

Commission on Tax Reform; create, SR 307 ........730, 989, 1056, 1127, 1143, 3066,

3176, 3371

Commission to Incorporate Amendments into the Constitution;

create, SR 336 _............___.__.............,,___.. 1165, 1389, 1485, 1579, 1625, 2409, 3371

Commission to Study Tax and Spending Limitations;

create, SR 341 ....______..........-_..-_........-.--------1218I 1385, 1485, 1580, 1627

Commission to Study Tax Revision; create, SR 68 _._.___....._________...No action in 1978

Compensation Commission; amend Act creating

relating to duties, meetings and reports,

SB 457 ...-...-..^....._.-----------123, 817, 909, 1063, 1075, 1859, 2099, 3371

INDEX

3457

Compensation Commission; certain State officials added to provisions and jurisdiction, SB 499 ............. 208, 817, 909, 1064, 1080, 1385, 1579, 1598, 3066, 3132, 3371
Compensation Commission; change compensation and allowances, certain officials, SB 500 _.......____._.......__.._......_._..__......_.._._._._.208
Compensation Commission; recommended salaries, State officials, HB 262 __......-___.__._____........_____...______.__..___.28, 90, 166, 167, 204, 354

Committee, Bibb County CETA Study; create,

HR 670

.-._._._ 1216, 1223, 1386, 1493, 1578

Committee for Review of Administrative Rules, Joint;

create, SB 453 ........-_.._.._....._._____.__.__ 104, 700, 737, 830, 863, 875, 892, 919, 977

Committee for Review of Administrative Rules,

Joint; create, SR 253 ....... 104, 700, 739, 831, 918, 978, 996, 997

Committee on Committees; communication regarding subcommittees ___.._.___.___. 116

Committee on Constitutional Revision; change provisions

relative to study committees, HR 480 _______ 1164, 1172, 2048, 2071, 2247, 2333

Committee on Governmental Operations, Senate Standing;

appointment of new Chairman and Vice Chairman ................................._ 20, 21

Committee, Retirement Systems Overview; create in

General Assembly, HB 1491 ___........._________........________._...._________....._______....1655, 1658

Committee, Senate Human Resources Standing; urged to study

licensing of health spas, SR 81 _..............._._.__.........____.__.._........._._................__..__.990

Committee to Honor President Jimmy Carter, Senate;

establish, SR 49 _..___.._.__.._. 1054, 1187

Committee to Study Alien Ownership of Property; create, SR 367 ................_-.................._.......................................-.. 1670, 2217, 3354

Committee to Study Bait Shrimping and Commercial Fishing; create, HR 256 ..__.__._............._.._..___..............._.___.___.............._...............__...._....... 31, 42
Committee to Study Correctional Industries; create, SR 139 ....... No action in 1978 Committee to Study Cost of Care; create, SR 94 .__.._._.__._...........__ No action in 1978 Committee to Study Cost of Care; create, SR 315 . 807, 1301, 1392, 1504, 1520 Committee to Study Diabetes; create, SR 156 ........736, 1187, 1204, 1216, 1236, 1307 Committee to Study Energy Materials' Requirements,
Consumption and Financing; create, SR 427 _._....._......________-..-._.........___.-_____-3356

Committee to Study Health and Medical Education; create, SR 399 ______________ 2615 Committee to Study Juvenile Institutions; create, SR 354 ........... 1293, 1389, 3352

Committee to Study Legislative Overview; create, SR 362 ....... 1469, 2618, 3353 Committee to Study Motor Vehicle Certificate of Title;
create, SR 324 __....,,...__________......._..___________.....__._______............______......._______... 1043, 1303

Committee to Study Music Recording Industry; create, SR 414 ____________ 3355, 3357 Committee to Study Public Authorities; create, SR 79 ___.__........_ No action in 1978

Committee to Study Recodification of School Law; create, SR 297 .._.__..___......._.._..__..._................_.. 665, 735, 822, 996, 1021, 3069, 3372
Committee to Study Retention and Selection of Federal Judges; create, SR 389 ....__.._._.._.........._.___.__._.__.............-.__._................................... 2415, 2617
Committee to Study Sand Hill; create, HR 793 ............1656, 1667, 2616, 2622, 3117 Committee to Study Services for the Aged;
create, SR 283 ____________....._____________._...........__ 613, 736, 822, 1064, 1086, 2352, 3371

Committee to Study State Authorities; create, HR 591 ........._.......__..._.........._...__.___.._................. 1725, 1759, 2042, 2063, 2755, 2942

Committee to Study Stopping Drugs at the Source; create, SR 292 ............__...............__.____..___. 664, 1054, 1112, 1187, 1200, 3069, 3372

Committee to Study Teachers' Retirement System; create, SR 268 ..............___...................,,-...-_,,...._...-........-..-__.-- 208, 1390, 3351

Committee to Study Television Production Facilities; create, SR 349 .___.___.___._..................-___...............-_.....-............--.-..-..-......-__-_-_..1292, 1388, 3351

3458

INDEX

Committee to Study Young Adult Involvement;

distribution of report, SR 102 ---------------- ._.._._......._..._.__..___ No action in 1978

Communications from Governor ------------------------------._ 15, 16, 27, 1789

Communications from Secretary of State ---- ----------.__ 43, 167, 651, 979, 1778

Community Affairs, Board of; payment of expenses

of members, HB 1846 --------------

... 1634, 1661, 2045, 2062, 2247, 2330

Community Affairs Department; powers, duties and

functions, HB 1937 -------------------- 1544, 1554, 2045, 2063, 2447, 2755, 2986

Confidential Communications; provisions relating to physicians

and patients, HB 1246 ....------ .. 805, 808, 1480, 1567, 1683, 1710, 1721, 1768,

1788, 2012, 2215, 2273, 2412, 2456, 3007, 3366

Conflict of Interest under Senate Rule 180; urge guidelines

for application, SR 101 ---------- --------------------. .._ _____ No action in 1978

Congress; requested to continue provisions of Taft-Hartley

Act, SR 149 ----------_----_------__-------------------------------- No action in 1978

Constables; fees for services of summons,

HB 1477 ------------------,,------------------__- 1369, 1376, 1563, 1672, 3140, 3244

Constitution, State; revise Article II relating to

Elective Franchise, HR 445 -------- 727, 734, 1174, 1228, 1308, 1362, 1404, 1446

Constitution, State; revise Article X relating to

retirement systems and educational scholarships,

SR217 ----------------_------ 58, 736, 821, 919, 996, 1000, 1859, 2113, 3076, 3372

Constitution, Town of; repeal Act incorporating,

HB 1631

...----.---------- ............ 799, 812, 1670, 1775, 2072

Constitutional Amendments:

Ad Valorem Tax on Boats; time and method of payment

changed, HR 81 ...........

1548, 1559, 2043, 2067, 2247, 2352, 2500,

2569, 3024, 3027

Ad Valorem Tax; swine and bovines exempt,

HR 85 _-..-___---------------------- 1041, 1049, 1479, 1571, 2105, 2155, 3072

Airport Construction; approval required by county voters

if owned by another county or city outside, SR 301 ...----._...-- 665, 1053

Americus Authority, Downtown; create,

HR 714 -----_.-_-_.....-------------------- 1467, 1477, 1772, 2059, 2372, 2599

Atlanta; Fulton County Tax Assessors Board

assess property, SR 351 ................1292, 1671, 1775, 2186, 3078, 3135, 3372

Atlanta; garbage disposal system operated by

Fulton County, HR 569 ._---------------------- 1100, 1105, 2416, 2425, 2714

Atlanta; provide traffic engineering services at cost to Fulton County, HR 572 .___......._---------------- 1101, 1106, 2416, 2426, 2735

Atlanta; two city residents serve on Fulton County Planning Commission, HR 568 ----------.------ 1100, 1105, 2416, 2425, 2733

Atlanta-Fulton County; comprehensive countywide development plan, HR 567 __---------_------ 1100, 1105, 2416, 2425, 2730

Atlanta-Fulton County Library Services; operated by county, HR 571 ........... .......1101, 1105, 2416, 2425, 2720, 3074

Atlanta-Fulton County Water and Sewer System; operated by city, HR 570 ------___----.---------- 1101, 1105, 2416, 2425, 2717

Avondale Estates, Decatur and DeKalb County; maintain development programs, HR 777 .----------------_------ 1858, 2038

Banks County Homestead Exemption; certain property owned by residents, HR 657 --------1215, 1223, 1671, 1778, 2195

INDEX

3459

Constitutional Amendments (Continued):

Bibb County Homestead Exemption; include some

cooperative ownerships, HR 485 ........... 204, 212, 1066, 1224, 1305, 1526

Bingo Games, Nonprofit; General Assembly

regulate, SR 220 ..

.

. . 59, 1387, 1484, 1579, 1614

Bingo Games, Nonprofit; General Assembly

regulate, HR 444 ......' 1164, 1172, 1564, 1673, 2104, 2109 Brooks County; exempt certain real property from

ad valorem taxation, HR 671 ....___.....___..____._.___. 1371, 1383, 2617, 2623, 3152 Butts County Homestead Exemption; certain
property, HR 528 ........ _____....... 659, 666, 2417, 2433, 2743 Carroll County; General Assembly provide civil service
system to those paid by county, HR 645 ....... 1101, 1106, 1301, 1398, 1532

Charlton County Justices of Peace; increase civil case jurisdiction, HR 716 .._...._._______......___._.__.__. 1467, 1478, 1772, 2059, 2394
Chatham County Board of Education; compensation

changed by local law, HR 653 _..._____...._.__.___.___. 1215, 1222, 1386, 1492, 1648 Chatham County Homestead Exemption;

65 year olds or disabled, SR 347 ....... 1292, 1671, 1775, 2184, 3071, 3372 Chatham-Effingham Electric Utility Authority;

create, SR 248 ..............

..... 85, 183, 216, 445

Cherokee County Justices of Peace; dollar amount

of civil cases, HR 720 .................. ....................1547, 1561, 1772, 2060, 2399

Claims Against State not Exceeding $500; processing and disposition, HR 615 ....... 1372, 1383, 1562, 1674, 2105, 2158

Clarke County Sheriff; powers and duties, SR 239 ................... ......_.........._.................___.........77, 86, 109, 444, 727, 3371
Clarkesville Homestead Exemption; 65 year olds, HR 545 .............................__......__._.... ...__.--.....______-_...___-687, 698, 908, 993, 1357
Cobb County; homestead exemption, HR 163 ........ 437, 618, 1030 Columbus, City of; limit methods of amending charter,
HR 318 ....................................................................................No action in 1978

Commission to Incorporate Amendments into the Constitution; create, SR 336 ..... 1165, 1389, 1485, 1579, 1625, 2409, 3371
Committee for Review of Administrative Rules, Joint; create, SR 253 .............................. ........ 104, 700, 739, 831, 918, 978, 996, 997
Constitution, State; revise Article X relating- to retirement

systems and educational scholarships, SR 217 .........................58, 736, 821, 919, 996, 1000, 1859, 2113, 3076, 3372
Constitutional Amendments; effective date, HR 479 ._..................._.._........_.._._.........._.... 1288, 1298, 2419, 2423, 2755, 2976
Constitutional Amendments; provide for publication of summary, HR 586 ............................ 1163, 1173, 2048, 2071, 2247, 2337, 2414, 2447, 2755, 2972, 3070

Conyers Development Authority, Downtown;

General Assembly provide by law, HR 727 _____....._..._____....._..._-_-_-_--...--__---_-...-.1547, 1562, 2216, 2227, 2534, 3070

Conyers Public Facilities Authority; create, HR 732 ...............__................__ 1547, 1562, 2216, 2227, 2537

Cordele-Crisp County Industrial Development Authority; increase membership, HR 719 __...._......._...__...__.1546, 1561, 1772, 2060, 2396

Cost-Of-Living Factors; provide for periodic adjustment

of personal exemptions under income tax,

SR 289

614, 1106, 1176, 1236, 1403, 1417, 3036, 3125, 3202,

3203, 3258, 3339, 3345

3460

INDEX

Constitutional Amendments (Continued):

Crime of Robbery; provide penalty, SR 294 ._.. ........

_____ 664

DeKalb County; additional homestead exemption, HR 800 ____ ...... 2256, 2408

DeKalb County Ad Valorem Tax; requirements for

setting millage rates, HR 722 ._________....__ 1547, 1561, 2216, 2226, 2532, 3070

DeKalb County Education Board; provide for

nonpartisan election of certain members,

SR 372 ._____.....__...______ 1769, 2216, 2226, 2513, 3281, 3282, 3372

DeKalb County; General Assembly provide by law for form of government, SR 323 _ 986, 1671, 1774, 2182, 3078, 3142, 3372
DeKalb County Homestead Exemption; certain types of cooperative ownership, HR 555 .............. 688, 699, 1386, 1492, 1644
DeKalb County Homestead Exemption;

change, HR 798 .... _......_ ._...._._.......__...__...... 2141, 2211 DeKalb County Homestead Exemption; increase,
SR 326 ...____...._......._____....___.... 1043, 1107, 1178, 1353, 2597, 2761, 3001, 3009,

3055, 3168, 3366, 3372

DeKalb County Homestead Exemption; 62 year olds,

HR 436 ..._....__ 82, 86, 1427, 2216, 2226, 2518, 3023, 3041,

3138, 3187, 3223, 3365

DeKalb County Justice of Peace; dollar amount of

civil case, HR 515 ..__......._....__-...___....___....___....____......___...._......____..____... 658, 666

DeKalb County Justices of the Peace;

jurisdiction, HR 239 .._...--__....--.. 658, 666, 1480, 1571, 2022, 2215

DeKalb County Property Tax; exempt certain

improvements, HR 49 ____...____..._.__...__ __..___.__.____.31, 42, 1010, 2216, 2515, 3072

DeKalb County Retirement Home Authority;

create, HR 799 .._...___ 2141, 2210, 2617, 2623, 3158

DeKalb County; special services tax districts,

HR 715 ..... ................ ...... 1429, 1457, 2418, 2433, 2748, 3074

Disabled Persons; homestead exemptions, certain cases,

SR 230 ...-..,..- ---

59, 361

Douglasville, City of; homestead exemption,

HR 744 _.----- 1714, 1759, 2044, 2070, 2405

Education Board, State; change size and terms of

members, SR 327

...._.-.

1044

Elections, Special; requirements for write-in

candidates, SR 233 __...__ __.__...__76, 213, 371, 413, 621, 623, 2410, 2570, 3372

Expenditures of State and Local Governments; provide limitations, SR 256 .___...__....__....__...___....-_-..._-..-__..-_...-....--105, 361

Fayette County Industrial Building Authority; increase number of members, HR 654 .____.._.__...___..____...__. 1215, 1222, 1386, 1649, 1492

Fines, Criminal Cases; proceeds used for training law enforcement officers and prosecuting officials, SR 31 _._..___._.___. 178, 3371

Fort Oglethorpe, Catoosa County, Lakeview; bonds for
stadium and recreational facilities, HR 664 ....___.___...__..____.._.___.-_...-__-...__...____-____.-__-._ 1288, 1298, 1386, 1493, 1651

Fulton County; branch offices for conduct of county
business and educational business, HR 574 ___-.__...-_...-....___...-_-__-_-__..-__---.-_--_--.1546, 1561, 2416, 2426, 2737

Fulton County Employees; increased benefits

for those retired, HR 40

. . . 2499, 2553, 2617, 2622, 3150

Fulton County Homestead Exemption; change income qualifications, SR 75 ...._.._--.._... .-- ---.._-- No action in 1978

INDEX

3461

Constitutional Amendments (Continued) :

Fulton County Homestead Exemption; $10,000

certain 65 year olds, SR 311 ...._...._. 730, 817, 911, 1027, 3363, 3372

Fulton County; repeal increased benefits for retired

teachers if Article X ratified, SR 279 ___________ 405, 1054, 1112, 1187, 1199,

2213, 3371

Fulton County Tax Commissioner; collect

Atlanta City taxes, HR 566 ................... 1100, 1105, 2416, 2425, 2739, 3072

General Assembly Appropriations Act; continue

until another adopted, HR 724 1548, 1561, 1770, 2060, 2247, 2347, 2446

General Assembly; establish fair market value on

certain homesteads, ad valorem tax purposes,

SR 218 ......................

58, 361, 1300, 1391, 1504, 1514

General Assembly; extraordinary session each ten years

to repeal existing laws, SR 291

._..__.__ _______________________.________664

Gifts to Official Visitors to State;

requirements and procedures, SR 228 _._.____.._______ 59, 368

Governor's Vetoes; change procedures for overriding

by General Assembly, SR 234 ...... 76, 106, 128, 186, 197, 3281, 3286, 3372

Gwinnett County Board of Education;

compensation without referendum, HR 471 ________ 178, 183, 367, 411, 1032

Gwinnett County Justice of Peace; dollar amount

of civil case, HR 455

.

104, 106, 184, 217, 469, 1339

Habersham County Homestead Exemption; certain

property owned by residents, HR 662 _________ 1288, 1298, 1671, 1778, 2201

Heritage Trust Commission; taxpayers contribute

$1.00 each year, SR 26 _..........._...._...__. ....__.._.. No action in 1978

Heroin, Unlawful Distribution, Sales or Possession;

penalties, SR 345 ____________________________________________________________________________________.... 1292

Homestead Exemption; increase for certain disabled

veterans, HR 512 _____________ 609, 616, 817, 912, 1064, 1093, 1126, 1127, 1467

Homestead Exemption; provisions for 62 year olds, SR 231 __...__.___.._. 59, 361

Housing Improvement Districts; tax exemptions granted by cities, certain cases, SR 130 .._..._..._... 30, 36, 734, 831, 918, 919

Houston County Board of Arbitration; provide, HR 674 .__._...___._______.._......................._..-___-______..___ 1372, 1384, 1563, 1678, 2029

Insurance; health insurance plan for retired school teachers provided, HR 638 .._........_ 1547, 1560, 1772, 2055, 2247, 2340

Jackson County Justices of Peace; increase civil jurisdiction, HR 718 ......... ______________ 1546, 1561, 2216, 2227, 2530, 3069

Jones County; levy ad valorem property tax Development Authority, HR 655 _____________________ 1215, 1222, 1301, 1398, 1534

Lanier County Justice of Peace; increase civil jurisdiction, HR 546 ._...........__...__.___.._______.__..... 687, 698, 817, 912, 1034

Law Enforcement Officers Killed in Line of Duty; indemnification, HR 656 ___.._._.__..__ 1631, 1666, 2045, 2063, 2447, 3140, 3228

Legislation; introduction of bills prohibited in evennumbered years with certain exceptions, SR 221 ...... .... ___.._--_.......___59

Legislation; provide for introduction jointly in either House of General Assembly, SR 107 ._...._....---,,- 30, 36

Lithonia, City of; homestead exemption certain

residents, SR 359 ___

_

1468, 1671, 1775, 2189, 3363, 3372

Lobbyists; General Assembly regulate, HR 238 .,,_..___.____._...__..---_.-31, 42

3462

INDEX

Constitutional Amendments (Continued) :

Lowndes County Board of Commissioners; licensing

business activity by itinerant peddlers,

HR 668 ._...___._..___.,,.-....._...._..__.__..._..._......... 1371, 1383, 1563, 1677, 2025, 2214

Lowndes County; construct, pave, improve

public streets, in unincorporated areas,

HR 669 -.------ -...------......------_.__ ... 1371, 1383, 1563, 1677, 2027

Macon, City of; repeal increased pensions to widows of

firemen and policemen if Article X ratified,

SR 313 ___..._.._..___.__._.__.__..._.._._........ 730, 1054, 1112, 1187, 1201, 2212, 3371

Macon Homestead Exemption; 65 yr. olds income

under $4,000, HR 530 ...... .......................... ...... 659, 666, 990, 1060, 1355

Mclntosh County; State prohibited from purchasing

property without written approval, SR 21 ...._. ....... .. No action in 1978

Monroe County Grand Jury; arbitrate certain

disputes on certain county matters,

HR 642 ............_._.._..........__.._..................._.. 1101, 1106, 1224, 1305, 1530, 1656

Newnan Board of Water, Sewerage and Light

Commissioners; limit powers, HR 576 .._.._......._. 805, 811, 1301, 1398, 1528

Opinions by Supreme Court; rendered on certain questions

of law when required by Governor or General Assembly,

HR 660 .._..__._._.........._..._..._..._..... .........-----------__------.....--------.1656, 1666

Pardons and Paroles Board; prohibited from

considering certain convicted persons until

mandatory sentence served, SR 245 ..--___.. ..... ..............--.._.._..-. 84, 1175

Paulding County Airport Construction; approval of voters

of county required, SR 302 ----------------..----------............ 665, 1053

Paulding County Civil Service System;

create, HR 590 ............................. ._.____........_._______ 900, 808, 1671, 1778, 2194

Pike County; requirements for ad valorem

tax returns, HR 550 ............_.............._............... 688, 698, 2417, 2433, 2745

Polk County Justice of the Peace; dollar amount

of civil cases, HR 629 ......_.___..............._._._.........._..985, 989, 2044, 2070, 2368

Popular Initiative; procedure for Constitutional

amendments and statutes, SR 11 ._...------------------ No action in 1978

Popular Initiative; procedure for Constitutional amendments

and statutes, SR 238 - 77, 213, 371, 413, 621, 625, 659, 671, 708, 743, 744

Property of Historical Value; ad valorem tax

exemption, SR 76 ...

-

.

183, 216, 376, 394

Property Taken for Public Transportation Purposes; payment delayed, SR 333 ......_.._..... 1102, 1303, 1392, 1505, 1524, 2212, 3371

Property Tax; exempt nonprofit corporation encouraging cooperation of parents and teachers, HR 482 ------..---------- 1287, 1298, 2415, 2423, 2756, 2987, 3071

Property Tax, Intangible; payment of less than $5 exempt, HR 30 .._.....__...._._...-.1656, 1665, 2043, 2067, 3140, 3224

Property Tax on Commercial Property; provide for sharing between local jurisdictions, SR 357 .._.._............_._........------1374

Public Service Commission; election of members, change provisions, SR 280 --------_..___.--_----__-___.-._..------._._----------405

Public Service Commission; membership and election, SR 85 .__._----._.__---------.___.----------------------------- No action in 1978

Public Service Commission; regulated sales and charges by utilities exempt from sales tax, SR 288 .--......_._....----____----- 614

INDEX

3463

Constitutional Amendments (Continued) :

Recall of Elected Officials; provisions for county

education board members, HR 522 ._..__..._._.__________ ----- 805, 811, 1174, 1228

Recall of Elected State Officials; procedure, SR 23 ... No action in 1978

Redevelopment Programs; cities and counties

authorized to establish, HR 162 ....... 178, 182, 1051, 1114, 1308, 1347,

1363, 1404, 1451, 1548

Revenue Raising Legislation; two-thirds vote of

General Assembly required for passage,

SR 95 .....__.._...._.._..__.................._._.. 361, 367, 410, 622, 671, 679, 687, 708, 722

Richmond County; acquire incinerators, garbage,

refuse facilities, HR 543 _._._.._.__.___.........._............. 659, 667, 2044, 2070, 2366

Richmond County; General Assembly provide requirements

on financing of services, HR 730 ______....

2597, 2605, 2617, 2623

Rockdale County and Cities Within; recall of

elected officials, HR 673 _....__.___.___...__...__ 1371, 1384, 2216, 2227, 2526, 3069

Rockmart, City of; homestead exemption,

certain residents, SR 365 ._______._...___...._...._...__.___._______.1549, 1671, 1775, 2192

Roswell Homestead Exemption; 65 year olds,

HR 587 _.._........._.......__.._..___.._......_._.___-_-__-_______....1372, 1383, 2418, 2433, 2746

Sales Tax; General Assembly expand to cover

other services, SR 120

_._._______--.__-..,,...,,.,,......__..__ No action in 1978

Savannah-Chatham County; homestead exemption,

SR 348 --.-------------------------.-1292, 1386, 1490, 1642

Savannah-Chatham County School Systems;

exemption from Constitutional provisions

removed, HR 549

-_--....._._._.. 688, 698, 1051, 1117, 1359

Savannah Homestead Exemption; 62 year olds

income not over $10,000, HR 672 .........._._.._...1371, 1384, 2216, 2226, 2524

School System Employees, County or Independent;

computation of sick leave and salary supplements, SR 270 ______..._-,,_ 208

School System Employees, County or Independent;

payroll deductions, SR 271 ..--,,._.____...___.._..__......_ -_--.-_--365

Spalding County; adopt ordinances and regulations for

governing unincorporated areas,

SR 356 __......___._____..._______..._..._-.-__-.___-_-__-_. 1374, 1563, 1675, 2020, 2597, 3371

State, County, City Public Officials; provide for

recall, HR 478 .....__.__..............._.._..___ 1164, 1172, 1387, 1488, 1788, 2004, 2214

State Employees; mandatory retirement because of age

prohibited, HR 39

..

965, 978, 2418, 2433

Stephens County Homestead Exemption; certain

property owned by residents, HR 658 .._..-_. _. 1215, 1223, 1671, 1778, 2197

Suits Against Non-Residents; county tried in, SR 12 ___.___.No action in 1978

Superior Court Judges; terms of six years, SR 50 ______________--.__--_----_--------368

Superior Court Trials; 6 man jury except felony

trials, HR 577 ._..._...._.._..........._.____.______....._...__.____.______ 1631, 1666, 2218, 2223

Taxation; General Assembly authority to tax real property

according to its use, SR 66 _____...... .....__._. ... .......__..__.__ No action in 1978

Thomaston, City of; homestead exemption, HR 293 ------ No action in 1978

Tift County; ad valorem tax to board

of county tax assessors, HR 585 _______._.......___.__..____._____..__...__.__-~-.900, 908

Toccoa-Stephens County Building and Parks Authority; approval of leases, HR 735 ...............___.___.........1622, 1666, 2044, 2070, 2401

Upson County Homestead Exemption; provisions for disabled, HR 229 ,,___...___..............,,._,,-__.............___-~.~ No action in 1978

3464

INDEX

Constitutional Amendments (Continued) :

Upson County; one percent sales tax

authorized, HR 776

.......

2346, 2408, 2617, 2623, 3154

Utility Companies; increase in fuel adjustment

charges prohibited without prior Public Service

Commission approval, SR 287 .--.--.------_.___.___.______.____._._._...,___________________. 614

Utility Rate Increase Applications; Public Service

Commission prohibited from including certain

construction costs, SR 286 _______________._.-.__.________________,,_.___..__......__..______________ 613

Veterans; free tuition in University System unit,

certain cases, HR 458 ____._.___._._.________________._________._____._.._._._..____.___.___.1548, 1559

Victims of Crime, Innocent; compensation,

HR 532 .........___................................___.___.1429, 1457, 2218, 2222, 3140, 3188

Walker County Justice of Peace; dollar amount

of civil cases ._...............,,................._._.._..___._.__._. 1215, 1222, 1386, 1492, 1646

Wayne County Justice of the Peace; increase

amount of civil cases, HR 632 ._...._.._.._._.._..... 1041, 1050, 2216, 2226, 2523

West Point, City of; classifications of property

for ad valorem taxation, HR 711 __..............._..1546, 1561, 1772, 2059, 2370

White County Homestead Exemption; certain

property owned by residents, HR 661 ............1288, 1298, 1671, 1778, 2199

Wilkinson County Justices of Peace; increase

civil jurisdiction, SR 293 __........................_.______..................664, 735, 824, 1026

Constitutional Amendments; Commission to incorporate into Constitution created, SR 336 ....... 1165, 1389, 1485, 1579, 1625, 2409, 3371
Constitutional Amendments; effective date, HR 479 _....__.........._.._._.._..............._.......__.___.__..... 1288, 1298, 2419, 2423, 2755, 2976
Constitutional Amendments; provide for publication of summary, HR 586 ............1163, 1173, 2048, 2071, 2247, 2337, 2414, 2447, 2755, 2972, 3070
Constitutional Amendments, Statutes; procedures for popular initiative petition, SR 11 ________,,_.--.__..__________-__-__-._.-._. No action in 1978
Constitutional Amendments, Statutes; procedures for popular initiative petition, SR 238 ....................77, 213, 371, 413, 621, 625, 659, 671, 708, 743, 744
Constitutional Revision Committee; change provisions relative to study committees, HR 480 ...._._____.........-__----.-_---.------.1164, 1172, 2048, 2071, 2247, 2333
Construction Contracts; establish Code chapter on Arbitration, HB 1427 ...._._.._.......... 1161, 1168, 2419, 2421, 2755, 2957, 3054, 3064, 3138, 3164, 3256, 3365
Construction Materials; exempt from local option sales tax, certain contracts, HB 1456 ............1038, 1045, 1479, 1569, 2105, 2133
Construction of Buildings; water closets and shower heads, limit water usage, HB 546 ___..__.........._. 1108, 1176, 1308, 1342, 1468
Consumer Debt Collection Practices; regulate, SB 286 .__._.......... No action in 1978
Consumer Protection; change certain definitions under Fair Business Practices Act, SB 430 ._..___.__......._.._-_-----_---74, 1388, 1482, 1579, 1594, 3078, 3170, 3339
Consumer Reporting Agency; provide consumer copy of any report, SB 578 .....___._...............____-........._...__.-_..__.......-728, 1050, 1111
Consumers; enforcement of laws against deceptive practices in property repair urged, HR 701 .............__.___ 1216, 1223, 1479, 1571

INDEX

3465

Consumers' Utility Counsel; information provisions in

contested regulatory proceedings before Public Service

Commission, SB 558 -----------------------.._ ....__--------__.--------_ 663

Continental Shelf, Outer; relative to oil and natural gas

revenue sharing, SR 296 ......--------.._...---- 665, 1053, 1187

Contractor's Bonds; change requirement relating to

contracts with counties, SB 519 ----------.404, 734, 820, 919, 966, 2553, 3372

Contractors, Electrical; two classes of licenses,

HB 902 _--------------_----__----_.----------. 400, 406, 1302, 1392, 1683, 1701, 2214

Contractors, Nonprofit; change provisions on reports

required in contracts with State agencies, SB 301 ,....------. 29, 34, 699

Contractors, Nonprofit, Doing Business with State;

change provisions on audits and filing of reports,

HB 1953 ---------------------------- 1633, 1661, 1769, 2054, 2247, 2331, 2600

Controlled Substances Act; add certain drug to list

of Schedule I, HB 264 ............ ........-------- ...-___

30, 39, 1387

Controlled Substances Act; drug related objects or

transactions prohibited, HB 1368 ...... 898, 903, 1481, 1568, 2246, 2257, 2599

Controlled Substances; change classification of certain

drugs, pharmacy licensing requirements,

HB 1445 .__.__......_...._._..._.. ... .. _._.___.._.._.. 1159, 1168, 1773, 2050, 2246, 2268

Conyers, City of; new charter, HB 1887 ....... ... 1366, 1381, 2216, 2224, 2441, 2600

Conyers Development Authority, Downtown; General

Assembly provide by law, HR 727 ---------- 1547, 1562, 2216, 2227, 2534, 3070

Conyers Public Facilities Authority; create,

HR 732 ........_..____.__.. .... .......................... ............ 1547, 1562, 2216, 2227, 2537

Cook County Airport Authority; establish, HB 1523 ....... 658, 666, 908, 992, 1061

Cook County Board of Commissioners; election of

Chairman, HB 1635 .................._.....................__............... 800, 813, 990, 1059, 1122

Cooperative Marketing Act; perpetual duration for

associations, HB 1687 ........................... ...... 1465, 1471, 1670, 1776, 2105, 2150

Coordinating Committee for Exceptional Individuals;

a charge to, SR 298 ._..___.._..___.,,...._.___..__._._.. 665, 735, 822, 996, 1023, 3069, 3372

Coordinating Committee for Exceptional Individuals;

membership from State departments,

SB 554 _______.___.___________............._........._.._._-. ... 662, 735, 821, 996, 1013, 1858, 3372

Coroner, Wayne County; compensation, HB 1756 _ ... 1037, 1048, 2216, 2223, 2434

Corporal Punishment; procedures under which teachers

may administer in public schools, SB 57 ................ .... ...... No action in 1978

Corporate Sureties; provisions for liability for damages

and attorney's fees, HB 723 ....._..__.......__._._.__......... ........ 1634, 1657, 2218, 2220

Corporation; redefine term under Income Tax Act, HB 103 _........-..............- 30, 37

Corporations; change provisions relating to

notices and fees, SB 579 -....-.-...-----....._..----,,------728

Corporations Code; foreign trusts transacting business in State subject to provisions, HB 1735 .__.___.--.............._...__.____._..___.--. 1632, 1659

Corporations, Foreign; venue requirements, SB 547 ........__.._._..__................._._.__..___.___.._. 661, 1302, 1391, 1504, 1511, 3068, 3372

Corporations; grounds for involuntary dissolution, requirements for filing certain reports, SB 521 ......................_________610

Corporations; requirements relating to filing documents, SB 220.----------------------------------------------------------- No action in 1978

Correctional Industries Study Committee; create, SR 139 ---- No action in 1978

Corrections Board; amend provisions relating to earned time allowances for prisoners, HB 1501 ...........691, 697, 991, 1057, 1127, 1152

3466

INDEX

Corrections Board; habeas corpus proceedings against

State prisoner held in county jail, Attorney General

defend, SB 502 ---,,-,,--............. 364

Corrections Board; reconstitute membership of Youthful

Offender Division, HB 1114 .............................. 25, 214, 371, 413, 621, 632, 806

Corrections Board; reimbursement to county for cost

of jailing certain prisoners, HB 247 ................. 688, 694, 991, 1056, 1127, 1147

Corrections Board; transfer functions and powers to

Offender Rehabilitation Board, HB 1115 ....... 25, 214, 371, 413, 621, 634, 806

Corrections Director; change title to Commissioner of

Offender Rehabilitation in Compensation of State

Officials Act, HB 1116 ........__...._......_........ 26, 214, 372, 413, 621, 638, 806, 828

Corrections Director; notification by court clerk of

prisoner conviction, SB 124 ...................._._.._............._............. No action in 1978

Cosmetics and Drugs; provide for advertisement, SB 193 .... ... No action in 1978

Cosmetology Board; qualifications of members, licensing

provisions, SB 483

........-,,......._.. 205

Cosmetology; changes provisions on fees, licensing

requirements and certification, SB 464 -------- .........._._..._._.._.._._.._............... 179

Cost of Care of Patients Admitted to State Institutions;

change provisions, SB 429 ................... . .......................... 74, 736, 819, 919, 960

Cost of Care Study Committee; create, SR 94 ....................... No action in 1978

Cost of Care Study Committee; create, SR 315 ........... 807, 1301, 1392, 1504, 1520

Cost-Of-Living Factors; provide for periodic

adjustment of personal exemptions under income tax,

SR 289 _____..._...________._..._...._........._._.614, 1106, 1176, 1236, 1403, 1417, 3036, 3125,

3202, 3203, 3258, 3339, 3345

Council on Maternal and Infant Health; membership,

HB 1240 .........__.___.._................._....._.. 726, 731, 1108, 1176, 1308, 1324, 1336, 1468

Counselors, Licensed Professional; regulation and licensing,

HB 1217 ....-.----..-...-.

.................... 1545, 1550, 1715

Counties and Cities; establish redevelopment programs,

HR 162 ........_.__._......178, 182, 1051, 1114, 1308, 1347, 1363, 1404, 1451, 1548

Counties; authority to regulate dumping of trash or

garbage from outside boundaries, SB 396 ........................56, 184, 214, 376, 383

Counties; change requirements relating to bonds of

contractors, SB 519 __...._..............__.._...._........ 404, 734, 820, 919, 966, 2553, 3372

Counties; minimum salaries for superior court clerks,

probate judges, sheriffs and tax commissioners, SB 587 .................... ...... 729

County and City Services; limit as prescribed in Constitution, SB 125 ._.._._..............._.__......................._.._..__.......No action in 1978

County, City Indemnity Insurance; payment of certain claims, HB 1656 .............__.._.._._.......... 1212, 1219, 1770, 2052, 2247, 2313

County, City Tax Refund; time period to file, HB 1265 _..__________....._.__.____--_-__-.........-____.----. 897, 902, 1300, 1393, 1683, 1719

County Education Boards; compensation of members, school bus use to transport elderly and handicapped authorized, HB 1335 .__.___..__._._.....726, 732, 1108, 1177, 1308, 1329, 1549, 1588, 1749, 1751, 3047, 3076
County Education Boards; expend funds for uniforms for custodial and food service personnel, HB 1366 ____.._.._..________._...._.._-.___-_______..._..-.1158, 1167, 1301, 1394, 1683, 1732, 2411

County Health Boards; contract with certain agencies and institutions, provide for health districts, SB 522 _____._._.____.......__-__-_-----610, 736, 820, 919, 967, 2410, 2613, 3075, 3372

INDEX

3467

County Taxes; levy authorized for assistance to

joint county-city development authorities,

SB 416 ................._.___._._.___._____.___...._..____..___._______ 72, 183, 214, 376, 385, 2040, 3371

Court Clerks, Counties and Cities; minimum salaries, SB 587 ___..... ____________________729

Court Clerks; notify Corrections Director of person's

conviction, SB 124 ...._..--..______-_--__.__--___,,______________,,__________ No action in 1978

Court Clerks, Superior; revise fees, HB 1277 ___.._.._._..__..__.__.___. 607, 615, 2218, 2220

Court Minutes; repeal Code on reading and signing,

HB 138

...... 30, 38, 736, 831, 918, 926

Court of Appeals; provisions for appeal upon

petition, HB 1633 -_-__-__-........_...._....._..........._____._______.._____.________.____________1368, 1377

Court, Superior, Clerks; longevity increases,

HB 1300 ..______...__.______________________..______.__...._..._.. 1368, 1375, 1563, 1672, 2104, 2125

Court Trials, Superior; 6 man jury except felony trials,

HR 577 .._.__.......__._..._._............................__.___._._.....1631, 1666, 2218, 2223

Courts, Administrative Office; duties and fiscal

responsibilities, HB 1958

... ........ 1633, 1662

Courts; traffic cases handled uniformly, HB 188 _._____.._...._.........__........__. 1543, 1550

Covington Mayor and Councilmen; compensation,

HB 1796

........................ 1160, 1171, 1562, 1675, 1782

Crawford County Probate Court Judge; compensation,

HB 1746 .__.._............ ..._............_.__..___.._..__..._..___.___.._..___ 984, 988, 1051, 1117, 1185

Crawford County Small Claims Court; jurisdiction,

HB 2000 .........._.._..._...................._.___.._.._,,.._......_._.... 1619, 1665, 2417, 2429, 2703

Crawford County Superior Court Clerk's Deputy Clerk; compensation,

HB 1745

..

984, 988, 1051, 1117, 1185

Crawford County Tax Commissioner; compensation of

personnel, HB 1744 ......_.._..______..._...__.___.__..._..__...__.___.__. 984, 988, 1051, 1117, 1184

Crime Commission, State; create, SB 399 .__._...._...._.___.56, 107, 127, 186, 189, 3016,

3049, 3371

Crime Information Center; dissemination certain

information to certain persons, SB 439 ..... 76, 184, 215, 376, 388, 3362, 3372

Crime Information Center; receive certain probation

records on first offenders, HB 758 ._ ..._...._. 177, 182, 700, 740, 831, 918, 929

Crime, Innocent Victims of; compensation,

HR 532 ._.._........_...._____...._.__._.._..___._.._....._............ 1429, 1457, 2218, 2222, 3140, 3188

Crime Laboratory Tests, Examinations; provisions for

admitting results into evidence, HB 1239 _._.____._____.._..._..___________.._.607, 615, 1053

Crime, Moneys received from the commission of;

distribution, HB 1279 __........ ____________________ ____.______.______________.._________________1285, 1293

Crime of Robbery; provide penalty, SR 294 _._....,,_..__..____.......,,._.__..,,......_._..___-664

Crime of Theft; change penalty provisions,

HB 1361 ._..._.._....................._......._._._.___.._.._._.__..___ 203, 211, 1053, 1114, 1188, 1209

Criminal Cases; additional grounds for appeals,

HB 1357

--... . 608, 616, 1053, 1114, 1188, 1208

Criminal Cases; defendant referred to as accused

rather than prisoner, HB 1308 _______,________________......_......__.........._.._._.._..._..__.608, 615

Criminal Cases; judge, clerk, bailiff administer

oath to jurors, HB 480 .............,,..-.-,, 81, 85, 668, 703, 744, 789

Criminal Cases; new Code Section under Evidence providing

no presumption as to the cause of any fire, HB 1432 ..... 1370, 1375, 2419, 2421

Criminal Cases; procedures for granting bail,

HB 867 _..._________._.___.____.-...-....--. 31, 41, 1053, 1403, 1425, 1632, 1700, 1725, 1728

Criminal Cases; proceeds from additional fines used for

training law enforcement and prosecuting officials,

SR 31 .__.___.________.._......_-__-_______-----------------~-~--~--178, 3371

3468

INDEX

Criminal Code; bad checks, term present consideration

include past due rent, SB 484 ...... 205, 1174, 1224, 1307, 1309, 2257, 2274, 3372

Criminal Code; define solicitation and provide

punishment, HB 226 ..................... ................. 724, 731, 1053, 1113, 1188, 1203

Criminal Code; penalty provisions bringing person in

custody of another into State, HB 1683 ...... ....... 1465, 1471, 2419, 2422. 2755,

Criminal Code; prosecution not barred certain

2982, 3070

circumstances, SB 146 - ... ...

...... .. ... No action in 1978

Criminal Code; unlawful to give fictitious address to

obtain refunds, SB 442 . .. _____ 82, 368, 409, 621, 671, 677, 2041, 3371

Criminal Code; verbal abuse or harassment of juror,

witness or court official punished as misdemeanor,

HB 1643

.....

______ ______________ ____ __ ..... 1463, 1470, 2218, 2222

Criminal Damage to Public Utility Company Property;

provisions, HB 1259 _____ .............. . ... 897, 901, 1565, 1671, 2104, 2124

Criminal Extradition Act, Uniform; District of

Columbia included in jurisdiction, HB 1549 ..... . 1161, 1169, 1564. 1672,

2105, 2144

Criminal Justice Act; appropriation of State funds,

HB 256 _ ____ ................. 896. 901, 2046, 2060, 2446, 2448, 2558, 2755, 2782

Criminal Justice Planning and Coordination Act of 1978;

enact, SB 399 ...,._..............._... ..... ...... 56, 107, 127, 186, 189, 3016, 3049, 3371

Criminal Procedure, Arrest; authority of out-of-State

officers in pursuit of person, HB 795 _____ .. .... _ 1543, 1550, 2419, 2420

Criminal Procedure; new Code chapter on discovery

and inspection, SB 638 ______________ ......................_....... 1291, 1388, 1484

Criminal Procedure; pretrial status and conditions of

release, SB 311 ________ ... ............. .____. ..........................

No action in 1978

Criminal Procedure; probation for first offenders, provide

for forwarding of records, SB 434

..............

75

Criminal Procedure; providing for return of certain

stolen property to rightful owners,

SB 443 ...._..--.....__,,- ... 82, 368, 410, 621, 671, 678, 2302, 3371

Criminal Procedure; rewards offered by Governor for arrest

of felons, change amounts, SB 526 611, 1053, 1110, 1187, 1189, 2409, 3372

Criminal Procedure; trial by special jury for plea of

mental incompetency to stand trial, SB 206

__

29, 32

Criminals, Hospitalized; provisions for discharge, HB 1076

.

25, 736

Crisp County-Cordele Industrial Development Authority;

increase membership, HR 719 ..

.. 1546, 1561, 1772, 2060, 2396

Crop Insurance Act, Federal; urge Congress to liberalize

coverage, HR 702 .

.

1216, 1224, 1670, 1778

Crosswalks at Street Intersections; provide cuts for

handicapped and elderly, SB 593 ____..._.______...._._____....______.....,_____ 807, 1479, 1566

Cruelty to Children; criminal provisions, penalty,

HB 1307 _..-..-.-__.... 177, 182, 991, 1057, 1188, 1206, 1289

Culberson, Mr. Richard H.; compensate, HR 60 .... ..... 1287, 1298, 1385, 1488, 1753

Custody, Interference; person in custody of another,

bringing into this State a crime,

HB 1683 ...-_--.--..----.------1465, 1471, 2419, 2422, 2755, 2982, 3070

INDEX

3469

D
Dacula, City of; new charter, HB 1283 ............ ......... 103, 106, 367, 410, 620 Dade County Commissioner; compensation, HB 1943 ....1539, 1557, 1771, 2058, 2235 Dalton Recorder's Court; maximum fine and punishment,
HB 1660 ....... ....... ----__..__.--.-_...--._.--.-_.-_- 801, 814, 990, 1059, 1123 Dam Safety; provide, HB 914 ....___.__.._._.__..._.._.____..___.803, 808, 1302, 1393, 1703, 2213 Danville Mayor and Councilmen; term of office,
HB 1672 ............ ..--._..._.-...__..._._.....___.._..__..__._ 802, 815, 990, 1060, 1125 Davis, Harry L.; commend, SR 338 ------...--,,..._._.-----__..-.--.__._.--..-----... ....1186 Davison, Louise Davis; appreciation to, HR 827 ----..__._.--__.._._._.............2351, 2445 Dawson County Probate Court Judge; provide for clerk,
HB 1803 -..........--,...._......-..._....._...._.........-__._..__.._...1160, 1171, 1300, 1397, 1495 Day Care Centers; fire safety standards, HB 1521 _._.__.._...._..1039, 1046, 1301, 1395 Deaf and Blind Sign Language Interpreters; certain
administrative proceedings, HB 452 _._.......... .-...__.._...._..._....-._. 31, 40, 1108 Deaf, Council on; create, HR 553 _____..__.._._________1041, 1050, 1302, 1396, 1684, 1750 Dean, Senator Nathan; authorized to call
Transportation Committee meeting ...._..._.,,_....,,..______._._____....._____.._..___._-.___.1282 Decatur County Sheriff; annual salary, HB 1876 .-.-,-.1365, 1380, 1563, 1677, 1785 Deceptive Practices Against Consumers in Repair of
Property; enforcement of law urged, HR 701 .._..._..._._.___.1216, 1223, 1479, 1571 Deceptive Practices; prohibit in motion picture
distribution, SB 377 ... -...._._.__......____...._...___._._.___.___..._.__..___._._.52, 78, 88, 110, 111 Deed Recording; name and address of grantee in deed;
Superior Clerk Clerk, HB 1234 ...... .. 202, 210, 736, 822, 1064, 1087, 1289 Deeds, Attestation of; seal of notary public required, HB 1739 ----.--..1464, 1472 Deeds, Recording of; certain requirements, SB 219 ..........___.___....,,..___.___._..__..29, 33 Deeds, Recording of; provisions for property sold at
judicial and nonjudicial sales, HB 1738 ....___.___.__..._.__..______..........1464, 1471, 2419 Deeds to Secure Debt, Real Property; limit the effect of
and time for enforcing, HB 1770 ............................................._..........._..1212, 1220 Deeds to Secure Debt, Real Property; limitations, HB 1989 ....................1619, 1663 Deer; unlawful to kill without visible antlers, SB 507 __..._._. 402, 701, 738, 830, 876 Defendant in Criminal Cases; referred to as accused, HB 1308 _.._...............608, 615 DeKalb County Ad Valorem Tax; requirements for
setting millage rates, HR 722 ......_............._..1547, 1561, 2216, 2226, 2532, 3070 DeKalb County; additional homestead exemption, HR 800 ........................2256, 2408 DeKalb County; alcoholic beverage sales by the drink, change
time on Sunday sales, HB 1945 ..............1462, 1476, 2617, 2618, 3141, 3332, 3338 DeKalb County Assistant Administrators;
appointment, HB 1767 ................._.................__..1634, 1660, 2217, 2220, 3141, 3301
DeKalb County Board of Education; compensation of members, SB 647 ........._.__...................1769, 2215, 2223, 2439, 3137, 3167, 3372
DeKalb County Board of Registrations and Elections; membership, duties, SB 290 .--..._......-.._...-_.....____. __.-..___.__..1315, 1440, 3371
DeKalb County, Decatur and Avondale Estates; maintain development programs, HR 777 --._..--__,,--..--..__._--_.-..______.1858, 2038
DeKalb County Education Board Members; prohibited from holding certain elective office, SB 624 ......_._.....--._....-..-1217, 1480, 1566, 1679
DeKalb County Education Board; provide for nonpartisan election of certain members, SR 372 ...................1769, 2216, 2226, 2513, 3281, 3282, 3372
DeKalb County; General Assembly provide by law for form of government, SR 323 ....................._...986, 1671, 1774, 2182, 3078, 3142, 3372

3470

INDEX

DeKalb County Homestead Exemption; certain types of

cooperative ownership, HR 555 .._._._.__-..............-_-....._..688, 699, 1386, 1492, 1644

DeKalb County Homestead Exemption; change, HR 798 ___.___....._____..._.__.__.2141, 2211

DeKalb County Homestead Exemption; increase,

SR 326 ........1043, 1107,1178, 1353, 2597, 2761, 3001, 3009, 3055, 3168, 3366, 3372

DeKalb County Homestead Exemption; 62 year olds,

HR 436 .___.._._...82, 86, 1427, 2216, 2226, 2518, 3023, 3041, 3138, 3187, 3223, 3365

DeKalb County Justice of Peace; dollar amount of

civil case, HR 515 .....____.......___________..._._______________.______.___.___.___.___.___._._._._.....___.658, 666

DeKalb County Justices of the Peace; jurisdiction,

HR 239 .._.___,,,,._..._..._...,,-_...__._._.__._ ........ .658, 666, 1480, 1571, 2022, 2215

DeKalb County Officers and Officials; redefine gross salary, SB 649 ..............2040

DeKalb County Police Department; commend certain personnel,

SR 350 .....__.-__....._..._..............._........................_...._.........___.........._..........................1306

DeKalb County Property Tax; exempt certain improvements,

HR 49 _........_....-_.........._._..._............_...__.-......__...31, 42, 1010, 2216, 2515, 3072

DeKalb County; repeal Act on commutation tax in lieu of

road work in militia, HB 1626 _______.._..____-____.___._..____..__.799, 812, 1386, 1490, 1574

DeKalb County Retirement Home Authority; create,

HR 799 ._......._......................._................-....__................ 2141, 2210, 2617, 2623, 3158

DeKalb County School Board Districts; change provisions

relative to, SB 648 ____.__,_______._____________._.1769, 2216, 2223, 2434, 3137, 3183, 3372

DeKalb County; special services tax districts,

HR 715 ........_-......-__..............._......._................1429, 1457, 2418, 2433, 2748, 3074

DeKalb-Fulton Counties; self-insurance for judgments

against officials, SB 617 ............_.._.-.___....._._.__...._...__.._. 1165, 1479, 1566, 1678

DeKalb, Southwest High School Football Team; commend, SR 319 ___.__..___.__...__.995

Demurrers and Special Pleas Code; change title of chapter,

SB 207 .... .........

.... ,,..._..__._.__._...... 29, 32, 700

Denmark, Dr. Leila D.; commend, SR 425 ......____..-...........___.,,-........_.__._...........__. 3361

Dental Examiners Board; change name to Georgia

Board of Dentistry, HB 1257 .....,,.._.. .... ..._..___........._..... 726, 732, 1301, 1393

Dental Health Day, Georgia; designate, HR 451 .._---.___._....._...___._,, 52, 60

Dentistry, Board of; change number of members,

HB 1290 ___.._____._________.____._.....___________...____..______..... 691, 695, 1052, 1113, 1188, 1205

Dentistry License; provisions for court stay in

contested cases, HB 1579 ...... .......... .. 1040, 1046, 1388, 1488, 1684, 1740

Dentists, Dental Hygienist; license suspension, revocation,

immunity for persons making certain reports,

HB 1569 ..................... ._._....... . ......._.__._._. 1466, 1470, 2218, 2221, 3141, 3262

Development and Area Planning Commission; functions

and authority, HB 1560 _....._.............. ______.... 899, 903, 1387, 1487, 1683, 1738

Development Authorities, Joint County-City; authorized

to receive city tax money, certain cases,

SB 417

__.-.- 72, 183, 215, 376, 386, 2040, 3371

Development Authorities, Joint County-City; authorized to

receive county tax money, certain cases,

SB 416 ................ .._....__._._..._.................... 72, 183, 214, 376, 385, 2040, 3371

Development Authorities Law; mechanism to stimulate

economic growth, SB 642 .._.............-.-..-__-._,,_____---.--.-.-..--,,,,--_-..--.--.--------1468

Development Authority Law; mechanism for community to

stimulate economic growth, HB 1839 ....._.._._.._..............1545, 1553, 2045, 2062,

2247, 2325, 2366

Diabetes, Committee to Study; create,

SR 156 __________..............._..--__-__-_-___-__-----.736, 1187, 1204, 1216, 1236, 1307

Dieterle, Mrs. Diane; commend, SR 364 ..._........._.._.-...,,......_......--......_-_.--.-1503

INDEX

3471

Dillard, Georgia; Properties Commission, boundary line

settlement agreement, SR 138 ....-_-----..._...__..._____________.__.___.___.___.__ 668 Diprima, Romeo; commend, SR 407 ________ ..-__..._...________.______ 3119 Disabled Persons; homestead exemption, certain cases, SR 230 _----......... 59, 361 Disabled Persons, License Plates; certain deaf persons

qualify, HB 1232

_ _____ 724, 731, 992, 1056, 2104, 2121, 2411, 3204

Discovery, Criminal Procedure; new Code chapter, SB 638 ......... .. 1291, 1388, 1484

Discovery; procedures relating to persons or firms who

are not parties, HB 1769 ________ ......_...... ...__..___............. 1367, 1378, 2218, 2222

Discrimination Due to Race; repeal Code sections relating

to marriage and registration of persons, HB 1412 ________ 363, 366, 1481, 1568

Discrimination in Employment; prohibited against

handicapped persons, SB 592 ____.__________... .______________________________________________,,_______ 807

Discrimination in Housing; prohibit, HB 279 ....................._. 24, 2419, 3140, 3190

Discrimination in Public Employment; prohibited, office

established to regulate, HB 1711 ......... 1162, 1170, 2218, 2219, 2755, 2765,

3054, 3061, 3139, 3147, 3310, 3365

Discrimination; repeal provisions relating to segregation

of races on railroads, HB 1413 ______ ......_._...._..................._. 363, 366, 1481, 1569

Dismissal of Actions; change provisions of Civil

Practice Act, SB 189

..... ..,,_---__ .__...._.............. 29, 32

Displaced Homemakers; expressing concern for needs, SR 352 _...__._________........1293

Distress Warrants; mobile homes included in property

subject to, HB 543 __ ___

......... ______ 2045, 2063, 3140, 3219, 3368

District Attorney Emeritus Retirement Fund; survivor's benefits, HB 304 ... .........._...._._......_.. 399, 406, 2047, 2060, 2446, 2449, 2500,

2755, 2764, 3139, 3338 District Attorney; term under Law School Public Prosecutor
Act also means solicitor of state court, SB 326 _______.... 30, 35, 184, 219, 376,

377, 3361, 3371 District Attorneys, Assistant; provide for number in
judicial circuits, SB 188 _...._.__.......__......_._.........___....No action in 1978
District Attorneys; permitted to engage in private law practice, SB 7 ___..-_-._._.._-._...---_.._----.,,..._..______ No action in 1978
District Attorneys, Solicitors; receive credit or reimbursement for training or legal education courses, SR 515 ....... 404, 991, 1055, 1236, 1307, 1312, 3067, 3371
Divorce; consent of both parties before granting total divorce, SB 8 ....____--..._.____78 Divorce; consent of both parties for total divorce, HB 129 -.___-------.._------ 30, 38 Divorce Petitions; show social security number, SB 58 .__....._..._ No action in 1978 Divorce; subsequent cohabitation relating to alimony, HB 66 ___.._--..____-.----_...-78

Divorce; support paid by father when child awarded to mother, HB 162 ................. ..............._............_.................... ....30, 38

Doctor; title used in business or advertising must designate the degree, SB 570 ._...______.__...._____ 692, 1050, 1111, 1187, 1191, 2303, 2315, 3372

Doctors of the Day:
Adair, Dr. M. C. ______....._____-........___........-_..........-.-....._....-.-.........._....-..-............-.....670 Anderson, Dr. Ben ... ........._..........-_........................... ........._......-.._1137 Atkins, Dr. Sam .........__.__.-..__.._..._._.....--__._._..--............................1137 Baugh, Dr. James .................. _................_.--.........................................1417 Collins, Dr. William .........__........_.__........_.__........-_-......................_.........-........1063 Davidson, Dr. Gene G. ........_.__.._._______.____.______.____._...........-_......_.._..._62 Davis, Dr. Gordon ..._._..__.._.._.__...._.__._____-_.__.___._.____________-________...-________._--....2279 Evans, Dr. Arthur ..................__.._________.._.__.___...-________.__..__________...._____....--.____.699

3472

INDEX

Doctors of the Day (Continued) :

Gamwell, Dr. John ____--------------_------_________,, ______ ______________________ 1714

Johnson, Dr. Milton I. ------------------------_--------___.___.________.____ 88

Johnston, Dr. G. A. ------------ _ ------_----------------__ -------- _____------ 384

Jones, Dr. Ernest J. -----------__ _------------__._____________________ 79

Jones, Dr. J. Y. ______. __---- ----------------------------... _.___--. ...1063

Kaufmann, Dr. James A. ---------- ---__----------------_____________ 620

Malcom, Dr. Ed --------.-- __----------..------ _._.__ 116

Middleton, Dr. Frank __-------------__--.____--. --_..-------- _____________ 840

Moye, Dr. R. J. .......--..... -------------.----------------------_ 2135

Musarra, Dr. Anthony ________,,----________,,_----_...........------ _----_----___ 1252

Perrow, Dr. G. H. ------,,.._---------------------

840

Rowell, Dr. Roger ._-.__...____ ___._._._-.-----.._.__--__

1315

Sanders, Dr. Beverly _______ ._-__------_____

________ 22, 923

Summers, Dr. Roland ------_ _ __------...------------------ 418

Thomas, Dr. Don -----_.----.----------------------__ 1816

Trent, Dr. Robert ------------------...------ _

_.___...-------- _ _ 1197

Tripp, Dr. John _------------_._----------------------..--.............

.707

Dodd, Robert Lee (Pobby) ; commend, JR 1-649

.

_ 1000

Dodd, Robert Lee (Bobby) ; Joint Session to hear, HR 646 __...__..._.._. 965, 996, 1000

Doss, Senator Sam W.; commend, SR 411 ----_.------ ._---------------------- -- 3360

Dougherty-Albany Hospital Authority; appointments

filling of vacancies, HB 1806 .--....--------1161, 1172, 1670, 1776, 2076, 2303

Dougherty County Board of Commissioners;

composition, HB 1650 .... .------ ------------_-------- 800, 813, 1107, 1179, 1232

Dougherty County Probate Court Judge; compensation, HB 1703 --_----------------------------------_--------894, 905, 1107, 1180, 1233
Douglasville, City of; election of councilmen, HB 1890 _.____,,_..,,____-__.._.------_----..__------..-_----. 1366, 1382, 1563, 1677, 1786

Douglasville, City of; homestead exemption, HR 744 .------------1714, 1759, 2044,

2070, 2405

Downtown Marietta Development Authority; change

provisions on membership, HB 1675 ___-------------- 802, 816, 1386, 1491, 1575

Drake, Pete; commend, SR 393 ----

_----------------------------------.2754

Driver Improvement Act; create new Code chapter,

HB 1671 ___

--------- 1212, 1219, 1481, 1570, 1684, 1741, 2213

Driver's License; copy of abstract of record to insurance

company, HB 649 ----

927, 978, 1303, 1392, 1683, 1688, 2041

Driver's License; exempt certain armed forces reserve

members from requirements, SB 162 ----------

.. 2015, 3370

Driver's License; provisions for National Guard members, SB 395 ------------------ _------------ 55, 87, 108, 131, 137, 2042, 2165, 3371

Driver's License Requirements; certain prison inmates

exempt, HB 1266

_

691, 695, 991, 1057, 1127, 1150

Driver's License Revocation; change provisions on

habitual violators, SB 392

.

.

55, 668, 701, 743, 750

Driver's License Revocation; limited driver's permit, SB 147 .. No action in 1978

Driver's License Revocation, Suspension; change provisions
on time limitations, habitual violators, HB 1248 .------ .--------------------- 983, 987, 1109, 1176, 1308, 1326, 1362

Driver's License Suspension; alcohol or drug treatment required certain cases, provisions for limited permits, SB 596 ------------- ----------------------- 900, 1390, 1482, 1579, 1603

INDEX

3473

Driver's License Suspension and Revocation; Public Safety

Department duties, SB 190 ._._._______ No action in 1978

Driver's License; suspension for failing to respond to

citation, HB 1345 ..... 690, 696, 992, 1057, 1188, 1208, 1773, 2755, 2954, 3073

Driver's License Suspension or Revocation; reinstatement

under driver improvement programs, HB 1671 .. ...1212, 1219, 1481, 1570,

1684, 1741, 2213

Driver's License Suspension; points necessary for

suspension, HB 1247 ........_...._......_._.._...,,_... 1040, 1044, 1303, 1393, 1683, 1714

Drug-Related Objects; distribution to minors unlawful,

penalties, SB 441 ... 76, 184, 215, 376, 398, 412, 414, 3071, 3281, 3289, 3372

Drug-Relarted Objects, Transactions; prohibited,

definitions and penalties, HB 1368 ... 898, 903, 1481, 1568, 2246, 2257, 2599

Drug-Related Printed Material; distribution to minors

unlawful, SB 440 .................. 76, 184, 215, 376, 397, 412, 413, 2169, 2260, 3371

Drug Abusers, Alcoholics; hospitalization and

treatment procedures, SB 451 ... .... 84, 213, 371, 413, 438, 1765, 2994, 3372

Drugs and Cosmetics; provide for advertisement, SB 193 ....... No action in 1978

Drugs; change classification of certain controlled

substances, HB 1445 ......_.._........_....... ........ 1159, 1168, 1773, 2050, 2246, 2268

Drugs, Dangerous; add certain drug to Schedule I, HB 264 ............... 30, 39, 1387

Drugs, Dangerous; penalties for unlawful distribution,

sales or possession of heroin, SR 345 . .........................--_...._._._._...____....1292

Drugs, Pharmacists Dispensing; certain information

on label, SB 318 ....

......... 29, 35, 818, 919, 957

Drusky, Roy; commend, SR 392

................ 2754

Dubberly, Honorable Bruce D.; regrets at passing, SR 305 ............_...._.._._._...___ 707

Dublin, City of; new charter, HB 1578 .. .. ................. 691, 697, 735, 824, 915, 1042

Duffey, Wesley; compensate, HR 511 ._..._................. 1287, 1299, 1770, 2054, 2362

Duncan, Senator Ebb; preside at Banking, Finance and

Insurance Committee meeting ................. ....____..___.-._...-._.....................__.___.--.361

E

Early County Board of Commissioners; stagger terms

of office, SB 386

.

54, 86, 108, 128, 401

Early County Small Claims Court; create, SB 385 ......... 54, 86, 108, 128, 401

Early County Tax Commissioner; compensation, SB 387 ........54, 86, 108, 129, 4,01

East Point, City of; add to existing charter, HB 2018 ............................1857, 2037

Economic Development Council; change membership,

HB 1309 .................................. 122, 124, 817, 911, 1064, 1090, 1127, 1155, 1467

Editorials, Newspaper and Magazine; names of authors

required, SB 299

...

No action in 1978

Editorials, Newspaper and Magazine; relative to, SR 147 ........No action in 1978

Education, Adequate Program (APEG) ; adult education for

certain persons 16 years old, SB 556 ....... 662, 735, 821, 996, 1019, 2345, 3371

Education, Adequate Program (APEG) ; change allotment

and salaries of elementary instructional specialists,

SB 529 .______________._...._._-__--------611, 735, 820, 919, 968, 3346, 3347, 3372

Education, Adequate Program (APEG) ; Coordinating

Committee for Exceptional Individuals, membership,

SB 554 .._.___________._....._..--__---... ............. 662, 735, 821, 996, 1013, 1858, 3372

Education, Adequate Program (APEG) ; local units utilize

adult education personnel for community activities,

SB 557 ___._._.________._.._._.._.-._.-_-__--..__..__-_--_-662, 735, 821, 996, 1020, 3067, 3372

3474

INDEX

Education, Adequate Program (APEG) ; nonteaching

personnel in allotment of funds, HB 645 ...._..._..... 31, 41, 735, 831, 918, 928 Education, Adequate Program (APEG) ; objectives and
purposes, HB 1694 _....._.._...._. .. _______ 1212, 1219, 1480, 1570, 1684, 1745 Education, Adequate Program (APEG) ; provide classroom

aides and paraprofessionals, SB 555 ............________662, 735, 821, 996, 1013, 2204,

2291, 2412, 2588, 3372

Education, Adequate Program (APEG) ; reduce number of

days required for school year, SB 319

......___.______________._ 735

Education, Adequate Program (APEG) ; requirements for

certification as teacher, principal, SB 615 ______________ 1165, 1301, 1391, 1504,

1513, 3068, 3372

Education, Adequate Program (APEG) ; requirements for

substitute teachers, HB 1443 .............. 1520, 1536, 1772, 2050, 2246, 2268

Education, Adequate Program (APEG) ; special education

leadership units, HB 1693 ___________ 1159, 1170, 1301, 1395, 1684, 1742, 2411

Education Authority (University) Act; inspection of

certain projects relating to agriculture, HB 537 .................... 201, 209, 816, 911

Education Board Employees, Counties; computation of sick

leave and salary supplements, SR 270 ................_----..._.-........._..............-.__..__208

Education Board, State; change size and terms of members,

SR 327

. .. ......

.1044

Education Board, State; control of surplus property from

U. S. Government transferred to Administrative

Services Department, HB 1500 _______________________ 690, 697, 1174, 1227, 1308, 1337,

1353, 1363, 1404, 1449, 1768

Education Board, State; urged to encourage field trips by local

units to correctional institutions, SR 261 _________________ 124, 735, 822, 996, 1022

Education Board; urged to make changes in special education program, HR 376 .....-_......-...............................--........ 735

Education Boards; authorize school bus use for elderly and handicapped, SB 80 _____________________......._.._______________________________ No action in 1978

Education Boards; change provisions relating to liability insurance for members, SB 382 ...... 53, 735, 819, 919, 959, 2170, 2261, 3371

Education Boards, Counties; compensation of members, school

bus use to transport elderly and handicapped authorized,

HB 1335 ........................................1Z&, 732, 1108, 1177, 1308, 1329, 1549, 1588,

1749, 1751, 3047, 3076

Education Boards, Counties; expend funds for uniforms for

custodial and food service personnel, HB 1366 ___________ 1158, 1167, 1301, 1394,,

1683, 1732, 2411

Education Boards, County; recall of elected members,

HR 522

....

805, 811, 1174, 1228

Education Committee; report on Regents Board appointments by Governor ___________......._.._..._________......-.-.--.-_------.---..-----1789, 2472

Education Committee; subcommittees appointed .............--_----.-----------_________116

Education Grants; local boards receive State funds to offset local ad valorem taxes, SB 635 .....__.......______________1290, 1385, 1484, 1579, 1641

Education, Higher; establish Authority to assist private colleges and universities, HB 1333 ... 1162, 1167, 2418, 2421, 2756, 2996, 3071

Education in Georgia, Adequate Program for; professional business officials, HB 341 ________________.___.__...................._..__......._...____..-..........-.--.-735

Education, Public; endorsing importance of character education, HR 699 .....-..-...-....-......-..-......--.-.--.-...-.-1216, 1223, 1480, 1503

INDEX

3475

Education; public school sites not subject to county or

city zoning laws or ordinances in counties under

85,000 population, HB 1598 ___.......__....___..__ 1655, 1659, 1772, 2051, 2446, 2505

Education; regulate certain colleges and universities, minimum

standards, HB 112 ....__.._______.______.._.__.______.___..______._._.408, 619, 671, 708, 714, 1545

Education; repeal Code Section relating to expenditure of

percentage of State revenue for schools,

HB 1520 ......_.... .. . _.

727, 733, 1108, 1177, 1236, 1308, 1338

Educational Improvement Council; quorum for business

transaction, HB 1519 .............. 727, 733, 1108, 1177, 1403, 1434

Educational Scholarships; revise Article X of State

Constitution, SR 217 . ...... 58, 736, 821, 919, 996, 1000, 1859, 2113, 3076, 3372

Educational Television Network and Bill Johnston; express

appreciation to, SR 383 ____.__.._. ......__.____.__.._...

2445

Educational Television Network; authorized to televise

Tech-Georgia Football game, SR 337 _______._._________..__..__.._..._________________________..1166

Edwards, Honorable Joe; commend, SR 405 ______.__-..___._____._.___________._..___________..___.3119

Elbert County Small Claims Court; change cost of service

provisions, HB 1893 ...... ........... 1460, 1474, 1771, 2056, 2230

Elected State Officials; procedure for recall, SR 23 ...........__. No action in 1978

Election Ballots; order of names on ballots determined

by lottery, SB 485 .............._._._.._.._._._...._.._...._...__.___.__..... 206, 700, 738, 830, 869

Election Boards; elected public officials, candidates for office

ineligible to serve, HB 1419 ..........._....._. .... 658, 665, 1387, 1486, 1788, 1814

Election Code; absentee ballot, persons authorized to

assist in preparing, SB 601 .................... 985, 1174, 1225, 1308, 1318

Election Code; amend to change nomination requirements

for candidates of political body, SB 186 ........__...... 29, 32, 106, 131, 133, 212

Election Code; amend to provide for preservation of records,

registrars' qualifications and duties, notices of candidacy, SB 420 _........_...._.._............ 72, 700, 737, 830, 847, 2035, 2083, 3371

Election Code; amend to provide for unopposed candidates,

SB 428 ___._______.__.-_.-._-_--_--_--___-74, 213, 370, 4,13, 430, 2498, 2759, 3054, 3063,

3291, 3292, 3365, 3371

Election Code; applications for absentee ballots,

SB 49

---.-......

-

No action in 1978

Election Code; change provisions relating to

determining residence, SB 95 _______________________._,,.--._-_._._...._._..--.,,.-- 29, 31

Election Code; change qualifying time and number of

signatures required for nomination petition,

SB 545 ............

660, 1052, 1110, 1236, 1403, 1409

Election Code; duties of poll managers after closing,

SB 47

.........................

No action in 1978

Election Code; further define certain prohibited

campaign practices, HB 1555 ............._......._..1211, 1219, 1387, 1487, 2105, 2145

Election Code, Municipal; absentee ballot, persons authorized to assist in preparing, SB 602 ......................_. --.985, 1174, 1225, 1403, 1412

Election Code, Municipal; absentee ballots, additional

requirements, HB 1420

................ 805, 809, 1052, 1114

Election Code, Municipal; applications for absentee ballots,

SB 50 ...............

............... No action in 1978

Election Code, Municipal; candidates ineligible to serve as poll watchers, HB 1556 ........_...............................--..-1369, 1376, 1563, 1672

Election Code, Municipal; duties of poll managers after closing, SB 48 ..........................-......-......-....--------.-----No action in 1978

3476

INDEX

Election Code, Municipal; further define prohibited
campaign practices at polling places, HB 1558 .._....._._.._.......,,...........__.___.._._._............ 1211, 1219, 1387, 1487, 2105, 2146 Election Code, Municipal; preservation of records, change provisions relating to absentee ballots, voting and fees, HB 1340 .._.....__...._ 690, 696, 1174, 1226, 1403, 1429 Election Code, Municipal; unopposed candidates' names need not appear on ballot, HB 1336 ................... 689, 696, 1052, 1113, 1236, 1308,

1331, 1767 Election Code; provide for challenges to the right to vote of
any person, SB 51 _______________________________________________________________________ No action in 1978
Election Code; provisions for substitute nomination of

candidate when vacancy occurs before general election,

HB 1764 _._.._...___.__.___..._.__.._._._...._...._._. 1655, 1659, 2418, 2422, 2756, 3009, 3369

Election Code; qualifications of registrars,

HB 1417

.............. 1633, 1658, 2045, 2061, 2755, 2942, 3054, 3064,

3257, 3261, 3305, 3366

Election Code; registrars attend training sessions,

HB 1339 _

.

690, 696, 1174, 1226

Election Code; requirements for additional registration

places, SB 544 .................... ... 660, 1052, 1110, 1236, 1403, 1408, 2498, 3371

Election Code; selection of polling places, accessible to

handicapped, HB 1289 .._..__...__....................._.... 803, 809, 1174, 1226, 1787, 1807

Election Contest Proceeding; requirements for

serving copy, HB 1442 ................ ........ 804, 810, 1174, 1227

Elections; campaign disclosure, prohibit contributions by

certain organizations to officials and candidates,

SB 187 .....-..--...---.--

No action in 1978

Elections; change certain report filing requirements of

Campaign and Financial Disclosure Act,

HB 25 ............. --,,,,-.-.-.-----.-- No action in 1978

Elections; limit contributions under campaign

disclosure act, SB 314 _.........--......

No action in 1978

Elections, Municipal; relating to ballots for unopposed

candidates, SB 427

...................74, 213, 370, 413, 427

Elections; redefine candidate under Campaign and

Financial Disclosure Act, SB 569 ..................... ..........................692, 1174, 1225

Elections, Special; requirements for write-in candidates,

SR 233 .

----- 76, 213, 371, 413, 621, 623, 2410, 2570, 3372

Elective Franchise, Article II; revise State

Constitution, HR 445 ................. 727, 734, 1174, 1228, 1308, 1362, 1404, 1446

Electric Membership Corporations; Public Service Commission

regulate, SB 240

...........

.........

.... No action in 1978

Electrical Contractors Board; change membership,

SB 402 ........................

...57, 106, 127, 186, 191, 2167, 3371

Electrical Contractors; two classes of licenses,

HB 902 .._....._______..._.....-_-_-_--_.-..-- 400, 406, 1302, 1392, 1683, 1701, 2214

Electricity, Gas, Utility Companies; prohibit from discontinuing service for nonpayment of bills in freezing weather, SB 524 ........--_._.....---.,,-.-- 610

Electronic Equipment; regulate repairing and servicing,

SB 16 ............. -.,,-.-- --------

------ No action in 1978

Elementary Instructional Specialists; change allotment and salaries, SB 529 ............................Gil, 735, 820, 919, 968, 3346, 3347, 3372

Elevators, Escalators, Related Equipment; regulate, SB 130 _.------------.-------------------------- --

No action in 1978

INDEX

3477

Emanuel County; property transfer of portion of Yam Grande State Park to City of Swainsboro, SR 125 ....................................................... ........... 668, 703, 743, 784, 3069, 3372
Emergency Care at Scene of Accident; immunity from civil liability, clarify provisions, HB 1387 .._..,..... 400, 407, 2218, 2221, 2756,

3027, 3140, 3166, 3196 Emergency Medical Services System; establish,
HB 1905 ............._._.__.___..__._.__.._._.__._._._..___......_. 1633, 1661, 2419, 2422, 3140, 3238

Employees' Retirement; creditable service as member

certain regulatory agency, SB 473 .....__.__.......................................____......_.___.180

Employees' Retirement System; certain age may reject

membership, SB 24 -....-..-.......-....-.__.--..............-...__..___._..._._....__ No action in 1978

Employees' Retirement System; certain contributions

kept in separate record, SB 136 .--------------_.__________________ No action in 1978

Employees' Retirement System; change provisions on

creditable service, military and legislative, SB 487 ........._...__.__._.-_._._..-......206

Employees' Retirement System; credit for armed forces service,

SB 105 __..__...___..............................................__._..____.__............................._.._.._._.___.....736

Employees' Retirement System; credit for independent

county service, SB 30 _-_____________._______--...._._------_..___.__.__._.____._ No action in 1978

Employees' Retirement System; credit for out-of-State

service, HB 1518 .... ._.._..__...._.____.__..._........... 1286, 1295, 2047, 2062, 2246, 2348

Employees' Retirement System; credit for service in armed

forces, SB 70 ------------------------------.,,,,-,,--.............. No action in 1978

Employees' Retirement System; employees of World Congress

Center eligible, SB 230

......................^

29, 33, 618

Employees' Retirement System; full benefits after thirty

years' service any age, HB 1230 1543, 1551, 2047, 2061, 2246, 2252, 2300

Employees' Retirement System; mandatory retirement age

waived certain Public Safety employees, HB 1329 ............... 1368, 1375, 2219,

2756, 2992

Employees' Retirement System; requirements and benefits

certain personnel, HB 1367 .__.._........_.__........ 898, 903, 1390, 1486, 1788, 1810

Employees' Retirement System; requirements for withdrawing

employees from Social Security Act, HR 743 .........._.__..._.. 1749--Received after

33rd legislative day

Employees' Retirement System; vested rights,

SB 74

.......-......_....-............- No action in 1978

Employees' Retirement System; years of service required

to qualify, SB 78

. ...,,-.

. ... No action in 1978

Employees, State, City, County; provide for rights in grievances, SB 365 ................._...__..._.._..............___.___..__._.......No action in 1978
Employment Agency Advisory Council; change scheduled termination date, SR 246 .. ..._...._..._....... 84, 818, 910, 1064, 1084, 2035, 3371
Employment Agency, Private; duties, requirements and advertising fees, SB 546 ........_...._...._.___......_..._..._...._._...._................._--.___.._.._.-...660

Employment Compensation Law; change certain language, correct errors, SB 594 .............._......_.._._..........._._._... 807, 1052, 1112, 1187, 1196

Employment of Children; acting, recording or modeling permitted, certain circumstances, SB 625 _..._..._._...... 1218, 1388, 1483, 1579, 1609, 3329, 3331, 3372
Employment, Public; prohibit discrimination, establish office and advisory board to regulate, HB 1711 .......... 1162, 1170, 2218, 2219, 2755, 2765, 3054, 3061, 3139, 3147, 3310, 3365

Employment Security Law; certain changes required by U.S. Secretary of Labor, HB 1670 ...._._.._............. 1238, 1282, 1671, 1776, 2105, 2148

3478

INDEX

Employment Security Law; transitional unemployment

insurance, HB 1426 --...._____.-......_______...__._____..____.______._________________.___.._______._...608, 616 Employment Security Law; transitional unemployment
insurance coverage, SB 446 .__.....,,___...........--_____.________________________________________________83 Energy Conservation Building Standards Act of 1978;

enact, HB 1310 ...

.

122, 125, 700, 740, 831, 918, 932, 1373

Energy Consumption Analyses; required as part of

construction of certain facilities, SB 251 .._.____._.___.____________.___________________________.408

Energy Materials' Requirements, Consumption and

Financing Study Committee; create, SR 427 .__.___...___..__________..._..________..___..__.3356

Energy Shortages; establish Authority to ease and resolve,

SB 338 -..--.-.-.....-....._........... 30, 35

Engineers, Power; licensing, SB 129 _--_-_------,,----__._.------_.___ No action in 1978

Environmental Protection Division; authority and powers, water quality control,

HB 1967 ....... 1633, 1662, 2046, 2067, 2247, 2332, 2600 Equal Rights Amendment to U. S. Constitution; ratify,
SR 6 .............._.........._._._.... No action in 1978 Equal Rights Amendment to U. S. Constitution; ratify,
SR 8 ..................................................-...-.....---.-..-..........-..............No action in 1978
Estates; applicability of year's support, right of widower, SB 357 ....... ........._....... 368, 408, 621, 645
Estates; change certain provisions relating to year's support, redesignate Code sections, HB 522 ...._._..........._.-_.._.. 31, 4.0
Estates; notice to interested persons relating to year's support, SB 345 ......_..__.............-__.._______.__.........._.-___...._._...._...-..-__.____-_.............-..184

Estates; widower's rights relating to conveyances and

encumbrances of property, SB 358 _...__,,__.__________,,_._..._.___________ 368, 409, 621, 646

Estates, Wills; female testator may leave estate to

stranger, SB 356 .__._._.____________....______..______________..________.___._______.._._.87, 107, 131, 136

Estates, Wills; renunciation of succession relating to

life insurance policy, SB 375 ............._..._..___.............-_.._...__............-.._..___.__._._....-23

Evidence, Criminal Cases; new Code Section providing no

presumption as to the cause of any fire,

HB 1432 _...__.._________...______________.._...._______.__________.____.._.._.___._____.1370, 1375, 2419, 2421

Evidence, Privileged Matters; provisions for requiring

testimony, SB 435 . ... . ................... ..............

75

Evidence; privileged matters under discovery, change post-

judgment provisions, SB 374 23, 1388, 1482, 1579, 1590, 2753, 2939, 3371

Evidence; provisions for admission of results of Crime

Laboratory investigations, HB 1239 ............ 607, 615, 1053

Evidence; provisions relating to confidential communication

between physician and patient, HB 1246 ............ 805, 808, 1480, 1567, 1683,

1710, 1721, 1768, 1788, 2012, 2215, 2273, 2412, 2456, 3007, 3366 Examining Boards; determination of fees, disposition of
funds, HB 1801 ............. ........................... .... 1465, 1472, 2043, 2066, 2447, 2600
Examining Boards, State; hearings at site other than Capitol, SB 93 ..................................... ............................... 816, 908, 1063, 1067

Exceptional Individuals, Coordinating Committee; a charge to, SR 298 ...................... ............... 665, 735, 822, 996, 1023, 3069, 3372

Exceptional Individuals, Coordinating Committee for; membership from State departments, SB 554 ..........__.._._..__............._._._.....__.._.......... 662, 735, 821, 996, 1013, 1858, 3372

Excise Tax; alcoholic beverages, refunds for stamps, HB 1046 .....______-_._--_-__.._-.202, 210, 667, 704, 744, 791, 1042, 1082, 1372, 1509, 2121, 2142, 2308, 2412

INDEX

3479

Executive Department; disposition of State-owned surplus

books, HB 611 ___________.__...__._____________._._____._.___..___________.__...__.._.__..106, 131, 163, 1767

Executors, Foreign; no bond or application for sale,

SB 84

.......................

..... 87, 107, 131, 132

Expenditure of State and Local Governments; provide

limitations. SR 256 __._____...______.______...________.________________._...____..______________._______.105, 361

Explosives in Blasting Operations; standards for use,

HB 824 ............................._... ______ ..... 983, 987, 1302, 1392, 1683, 1690, 1767

Extradition Provisions; include District of Columbia,

HB 1549 . ......._....... ..........._..._.._... ... 1161, 1169, 1564, 1672, 2105, 2144

Extraordinary Session of General Assembly; provide for

each ten years to repeal existing laws, SR 291 . .........._........................_.__._664

Eye Banks; conditions for removing cornea for transplant,

HB 1231

.......__..._. 1284, 1293, 1773, 2048, 2246, 2252

F

Fair Business Practices Act; amend to provide for

regulation of health spas, SB 393 ..........._._...._ 55, 667, 701, 743, 830, 831,

2204, 2283, 3371

Fair Business Practices Act; correct typographical errors,

clarify provisions on consumers, SB 430 ............... 74, 1388, 1482, 1579, 1594,

3078, 3170, 3339

Fair Business Practices Act; define deceptive practices

for repairs, SB 16 ....__...._-._..........___.._-.-...._...._.............__...._._...No action in 1978

Fair Employment Practices Act of 1978; enact,

HB 1711 . .

1162, 1170, 2218, 2219, 2755, 2765, 3054, 3061, 3139,

3147, 3310, 3365

Fair Market Value; General Assembly establish, certain

homesteads for ad valorem tax purposes,

SR 218 . ...._..__.__.......__.._..........._..... ._...._._..._._.....58, 361, 1300, 1391, 1504, 1514

Fair Market Value; redefine, SB 350 ........ ... 183, 214, 376, 380, 1764, 2008,

2041, 2132, 2205, 3076, 3180, 3371

Fairburn Recorder's Court; penalties for violation of city

ordinance, HB 1880 ......

1856, 2036, 2416, 2424, 2625

Family Practice, Joint Advisory Board of; change name,

HB 1241

.

._......_......... 402, 406, 700, 740, 831, 918, 930, 1373

Farm Act, 1977; request Congress to take certain actions,

HR 648 ..........._.._.._............_.........._..._.._...........__........_._......... 1042, 1050, 1299, 1307

Farmer; urge Congress to take steps to assure parity,

SR 266 _................_.._...._.._....._..._.._..._..-.......__........._.___..-._..........__._...._._...182, 212, 218

Farmers, Georgia; comend, SR 273 .... .......... ..._..._........................... 209, 407, 412

Farmers Market in Dillard; boundary line settlement,

SR 237 ..........._..................._......._.._..._...._.._.... . 76, 668, 703, 743, 785, 2409, 3371

Farmers' Participation in American Agriculture Movement,

Georgia; recognize, HR 497 .______......_.._........_........... 122, 212, 218

Farmers; relative to granting 100 r/r parity, SR 262 ........_._.................181, 212, 218

Fayette County Board of Commissioners; election,

HB 1949 ............_........__....__......._.._.. 1462, 1477, 1670, 1777, 2075

Fayette County Board of Commissioners; reimbursement

for expenses, HB 1947 ............. ...... ..... . . .-1462, 1477, 1670, 1777, 2074

Fayette County Coroner; compensation, HB 1841 ...................... 1284, 1297, 1562,

1675, 1782

Fayette County Industrial Building Authority; increase

number of members, HR 654 ............_._......-..............1215, 1222, 1386, 1492, 1649

3480

INDEX

Fayette County Probate Court Judge; compensation, SB 632 .......-------- ---- ._........_----.. 1290, 1386, 1490, 1573, 2142, 2151, 3372
Fayette County Public Facilities Authority; create,

HB 1946 __.___.________.____.--_._....----__------__----------.....1462, 1476, 1670, 1777, 2074 Fayette County Sheriff; compensation, SB 634 ............................ 1290, 1386, 1490,

1573, 2141, 3371 Fayette County Small Claims Court; change qualifications
of judge, HB 1950 ............................._._.._...._......... 1462, 1477, 1670, 1777, 2075
Fayette County Superior Court Clerk; compensation, HB 1951 ......................_.._._.._._...._._._.._.................... 2136, 2206, 2416, 2428, 2701
Fayette County Tax Commissioner; compensation, SB 633 ----------------._..----..___.___.------------ 1290, 1386, 1490, 1573, 2141, 3372
Fayette County Tax Commissioner; pay educational taxes collected to Board of Education, HB 1948 ......... 1462, 1477, 1670, 1777, 2074
Federal Grant Application by State Agencies; provide for legislative review, SB 367 ........ ........ ........ ... .... ......... .. No action in 1978
Federal Intergovernmental Cooperation Act of 1968; functions of planning and development commissions, HB 1560 ._.._._...... 899, 903, 1387,
1487, 1683, 1738 Federal Intergovernmental Cooperation Act of 1968; planning
and development commission membership, HB 1585 .__._._.__. 1464, 1470, 1773, 2051, 2446, 2504
Federal Lands, Prisoner Working on; urge Congress to allow, SR 274 ......... 365 Fellows, Major Willis S.; commend, SR 320 .......................___...__.___..__.._..........._. 1063

Felony Jury; change number of strikes in selecting, provisions on peremptory challenges, SB 571 .....-....-...-..__.....__.-.-....-..-..---._.._.___..--...-_...693
Fertilizer, Specialty; redefine in Plant Food Act of 1970, HB 1150 _._.__..__._________._....--_____ ._......._.._._.._. 202, 210, 407, 619, 671, 708, 717
Financial Disclosure Act; enact, SB 15 .....------...._-.-....-.-----------.....--...--------..61
Financial Institution; may close one day in addition to Sunday, provisions for emergency closing, HB 1510 _._....._........._..__._...... ..................... 1286, 1295, 1479, 1569, 2446, 2497
Financial Institutions; certain banks authorized to maintain representative offices in Georgia, HB 1509 .__......--........._.... 1039, 1046, 1300, 1395, 2105, 2134
Financial Institutions Code; amend relating to powers and duties of Banking Department and Secretary of State, HB 1511 ___.__.--_._.___.__- ... 1162, 1168, 1479, 1569, 1683, 1735, 2213

Financing and Investment Commission Act, State; change definitions, HB 1952 .__..........._._.__._..._............_......_............_ 1544, 1554, 2415, 2422

Fines, Criminal Cases; proceeds used for training law

enforcement officers and prosecuting officials,

SR 31 ...........

........................... 178, 3371

Fire, Cause of; Code section under Evidence in criminal cases, HB 1432 _._.-_..---..---.----_------------.---------.1370, 1375, 2419, 2421

Fire Safety Standards; provisions for day care centers, HB 1521 _._____.--_..______._----._______-.-._--_-____---.--_--_---.. 1039, 1046, 1301, 1395

Firearms Discharged on Property of Another; exempt Jones County from certain provisions, HB 1787 . 1213, 1220, 1565, 1673, 1788, 2011

Firearms Discharged on Property of Another; exempt Monroe County from certain provisions, HB 1786 ..... 1212, 1220, 1564, 1673, 1788, 2011, 2616, 3084, 3282, 3304

Firearms Discharged on Sundays; change provisions, SB 516 ..--____----------404

Firearms, License to Carry Pistol; two sets of fingerprints

of applicant, HB 575 ..........

............... 24, 2045, 2063, 3140, 3247

INDEX

3481

Firearms; provisions relating to muzzle-loading handguns used in hunting, HB 1320 .......... 1285, 1294, 1774, 2049, 2446, 2456, 2587,

2755, 2757, 3053, 3064, 3137, 3191, 3306, 3365

Fireman Death, Disability; workmen's compensation law,

SB 539 .......

613, 1052, 1110, 1308, 1314, 1403, 1456, 1504, 1507

Firemen, Prison Guard, Policemen Killed in Line of Duty;

indemnification, HR 656 .

1631, 1666, 2045, 2063, 2447, 3140, 3228

Firemen, Pulmonary Disease of; presumed to have occurred

on duty, SB 538

........ 613, 1052, 1110, 1308, 1313, 1362, 14,04,

1457, 1504, 1505

First Offenders, Probation; provide for forwarding of records, SB 434 _._.._...._.75

First Offenders; provisions for forwarding probation records,

HB 758

.............

177, 182, 700, 740, 831, 918, 929

Fiscal Note Act, Georgia; amend to exempt certain local bills,

HB 368 ....

....... 689, 694, 1384, 1485, 1683, 1686, 2041

Fiscal Notes on Amendments and Substitutes; amend Senate

Rules, SR 225 -.-.-----.--.._.,,..__........ 24, 78, 80

Fish and Game; change provisions relative to shrimping,

HB 1382

.

1161, 1167, 1302, 1394, 1788, 1812

Fishing and Hunting; change certain provisions in Code Section,

HB 1543 _.

1369, 1376, 1565, 1672, 1788, 1817, 2141, 2142,

2215, 2255, 3061, 3076

Fishing License, Lifetime Honorary; issue to totally disabled

residents, HB 1271

..._._.__..............._...._ 689, 695, 1053, 1113, 1403, 1428

Foeticide; define crime, SB 88 ........._--,,-..-... No action in 1978

Food Sales Establishments; exempt from licensing provisions

of agricultural products dealers, HB 1342 203, 211, 816, 911, 1064, 1090

Food Service Establishment employees; physical examination

requirements under Health Code, SB 639 ....... 1291, 1387, 1484, 1579, 1613

Food Stamps; fraudulent offenses and penalties,

SB 410 ._.-....._..........._......................__._._..._..... 58, 818, 909, 997, 1024, 2597, 3371

Football; educational television network authorized to

televise Tech-Georgia game, SR 337 ............._...__._._.-_................_..__.___....._......1166

Foreclosure Mortgage on Personalty; default judgment,

HB 899 ..

.

607, 614, 2218, 2220

Foreclosure of Liens on Personal Property; new Code Chapter,

HB 876 ...................................... .--.-.-.....-.--...--.1370, 1374, 2415, 2420

Foreclosure of Mortgage; change certain practices

and procedures, HB 1506 ... .. ....._.._.... 1632, 1658, 2045, 2064, 2246, 2287

Foreign Corporations; venue requirements, SB 547 ............661, 1302, 1391, 1504,

1511, 3068, 3372

Foreign Discriminatory Boycotts Act; enact, SB 355 ..... ......... No action in 1978

Foreign Trust Doing Business in State; subject to

Business Corporation Code, HB 1735 ------------------------------1632, 1659

Forest Park High Panthers Boys' Basketball Team;

commend, SR 417 ................ ---..------.--------------------------3360

Forest Park Senior High Panthers Soccer Team; commend, SR 421 ..... .- ---- -------------....--------..---------------.---- 3360

Forest Products; vehicles hauling exempt from weight limitations, SB 566 ............ ............._.__...-......._.....-..----_.....----------692

Forest Research Council; transfer functions to Forestry Commission, SB 603 .......... ...... 986, 1175, 1225, 1308, 1319, 2036, 2102, 3372

Forestry Commission; functions of Herty Foundation assigned, SB 599 .......... .................. ..... 901, 1053, 1112, 1187, 1197, 2168, 3371

Forestry Commission; long-term lease with U. S. for tract of land in Bibb County, HR 739 ,._.._._._......1631, 1666, 1774, 2060, 2447, 2755, 2979

3482

INDEX

Former Governor William J. Northen; relative to portrait,

SR 72 ........ 1054, 1112, 1187, 1198, 3069, 3372

Forsyth, City of; publication of notice to adopt ordinances,

HB 1833 ............. .. 1214, 1222, 2043, 2068, 2238

Forsyth County Airport Authority; create, HB 1765 ... 1037, 1049, 1224, 1305, 1401

Forsyth County Board of Commissioners; salary of

county administrator, HB 1761 ...... ..... .... .

1037, 1048, 1224, 1304, 1400

Forsyth County Civil Service System; provide, HB 1634 800, 813, 990, 1059, 1122

Forsyth County Superior Court Clerk, Sheriff, Probate

Court Judge; salary, HB 1762 ................................1037, 1048, 1224, 1305, 1401

Forsyth County Tax Commissioner; compensation,

HB 1763 ....... .................. ................ ........................ 1037, 1048, 1224, 1305, 1401

Fort Oglethorpe, Catoosa County, Lakeview; bonds for

stadium and recreational facilities, HR 664 ....... 1288, 1298, 1386, 1493, 1651

Fortson, Honorable Ben; communications ................... 43, 167, 651, 979, 1778

Fowler, Jerry L.; compensate, HR 475 ................. ... 1621, 1667, 1769, 2054, 2360

Franchise Practices Commission; change scheduled

termination date, HB 1752 .... .... ... 1212, 1220, 1245, 1770, 2052, 2247, 2316

Franchise Practices Commission; Governor appoint new one,

SR 124 ..................... ........... ........... .........._..._.._.._...._......._.._.... No action in 1978

Franklin County Sheriff; number and compensation

of deputies and personnel, HB 1861 ................. 1364, 1379, 1562, 1676, 1783

Franklin County Small Claims Court; create,

HB 2041 ......................... .. . . . ...............

1857, 2037, 2417, 2431, 2707

Fuel Economy Standards for 1980-81 proposed by Highway

Traffic Safety Association; relative to, SR 340 . .............. 1218, 1390, 3119

Fulton County Absentee Ballots; courthouse annex receive,

HB 1702 ......................_................._._.__.._..._...._........ 1459, 1473, 2616, 2620, 3113

Fulton County; apportion cost of services among areas,

SB 128 .._.__.._...._..__.._._....._....._..........._._............ ........................... No action in 1978

Fulton County-Atlanta; comprehensive countywide

development plan, HR 567 .................................. 1100, 1105, 2416, 2425, 2730

Fulton County-Atlanta; comprehensive development

plan, HB 1603 ..... ................... ......... .............. 1099, 1103, 2415, 2424, 2637, 3073

Fulton County-Atlanta Library Services; operated by

County, HB 1608 ......................... .............. 1099, 1104, 2415, 2424, 2663, 3075

Fulton County-Atlanta Library Services; operated by

county, HR 571 ............................................. 1101, 1105, 2416, 2425, 2720, 3074

Fulton County-Atlanta Water and Sewer System; operated

by city, HB 1607 __...._....._...._......_...._............. 1099, 1104, 2415, 2424, 2644, 3074

Fulton County-Atlanta Water and Sewer System; operated

by city, HR 570 .._.._..........,,..._......._..._............._.__...... 1101, 1105, 2416, 2425, 2717

Fulton County Board of Commissioners; change

composition, HB 364 ...............................................................................1712, 1757

Fulton County Board of Education Pensions; prior

service credit certain employees, SB 471 .__................... 180

Fulton County Board of Education; salary of

members and president, SB 609 .................. 1043, 1479, 1566, 1678, 3362, 3372

Fulton County Board of Elections; requirements

certain members, HB 199 ___.___.____.______.____._______________.______._______.No action in 1978

Fulton County Board of Tax Assessors; create,

HB 43

.......... ................

No action in 1978

Fulton County; branch offices for conduct of county

business and educational business, HR 574 .. ...... 1546, 1561, 2416, 2426, 2737

Fulton County Civil Service Board; per diem for members, dismissal provisions for employees, HB 1611 ................1459, 1473, 2616, 2620

INDEX

3483

Fulton County; contract with Atlanta and municipalities

to conduct elections, HB 1601 _..______..____.__._........_._ 1098, 1103, 2415, 2423, 2624

Fulton County; create joint city-county board of

tax assessors, SB 115

________________....__..__..._ No action in 1978

Fulton County; elected Justice of Peace abolished,

certain cities, SB 621

...... .1217

Fulton County Employee Pensions; beneficiary coverage,

SB 498 .._.__......_....__.._...._._...._..._..._.._._................... 208, 1107, 1177, 1228, 3362, 3372

Fulton County Employee Pensions; vesting privileges

after 10 years, SB 497 .._._..._...._............_..... 207, 2215, 2223, 2433, 3362, 3371

Fulton County Employees; increased benefits for those

retired, HR 40 -...._...._.___..__........_._._____..__.__.._.._.__._______ 2499, 2553, 2617, 2622, 3150

Fulton County Employees; retire at 55 years with 30

years' service, SB 160 .-_.......-_..__________.___._._.___._..._.____________.______ No action in 1978

Fulton County; employees retirement at 55 without penalty,

HB 427 _._..__..._._...._._.._.._..-_-_---_--.____.____________________________________.1107, 1178, 1230, 1545

Fulton County Employees' Retirement Plan; create,

SB 110 .................... 1164, 1243, 3370

Fulton County; establish tax service districts,

HB 1609 .....__._..._.......__..___.__.._._............ 1099, 1104, 2415, 2424, 2668, 3023, 3032

Fulton County; establish tax service districts,

HR 573

.

1163, 1172, 2416, 2426, 2725, 3075

Fulton County Grand Jury; recording- device, HB 558 362, 365, 1107, 1178, 1231

Fulton County Homestead Exemption; change income

qualifications, SR 75 __.-- ........ __________________________________ .......No action in 1978

Fulton County Homestead Exemption; $10,000 certain

65 year olds, SR 311 ._._.._...._.___........._........._... 730, 817, 911, 1027, 3363, 3372

Fulton County Judges' and Solicitors' General Retirement;

credit provided Public Defender, HB 1383 ..____..__.1537, 1554, 2616, 2619, 3079

Fulton County Judges' and Solicitors' General Retirement

Fund; survivor benefits, HB 1280

. . 362, 365, 1107, 1179, 1231

Fulton County Judges' and Solicitors' General Retirement;

increased benefits, HB 1284 ........... ...................... 2499, 2553, 2616, 2619, 3081

Fulton County; minimum standards for city incorporation

not apply, SB 431 ......__.._._.......... ........................ ..74

Fulton County; operate garbage disposal systems in

municipalities located in County, HB 1606 . 1099, 1103, 2415, 2424, 2640, 3072

Fulton County; operate garbage disposal systems in

municipalities located in the County, HR 569 ... 1100, 1105, 2416, 2425, 2714

Fulton County Planning Commission; provide for seven members, HR 568 ........_...._..._._............._._...._........... 1100, 1105, 2416, 2425, 2733

Fulton County; repeal increased benefits for retired teachers if Article X ratified, SR 279 ... 405, 1054, 1112, 1187, 1199, 2213, 3371

Fulton County Superior Court Clerks; fees,

SB 122 .....

..

..

..

29, 32, 1388, 1504, 1508

Fulton County Tax Assessors Board; powers and duties, assess property in municipalities, SR 351 .. . . ............ 1292, 1671, 1775, 2186, 3078, 3135, 3372
Fulton County Tax Assessors Board; powers and duties, assess property in municipalities, HB 1599 ...... .............1098, 1103, 2415, 2423, 2625, 3072
Fulton County Tax Commissioner; collect Atlanta City taxes, HB 1600 ...... 1098, 1103, 2415, 2423, 2632, 3073

Fulton County Tax Commissioner; collect Atlanta City taxes, HR 566 ...._....._.........__...._................................. .1100, 1105, 2416, 2425, 2739, 3072

3484

INDEX

Fulton County Teachers, Education Employees, Retirement;

change benefits, SB 119 ______________.,,___._._,,____._____,,._.________._______________ 204, 1093, 3370

Fulton County Teachers, Education Employees, Retirement;

redefine prior service, SB 118 ._...........___,,._________ 204, 3370

Fulton County Teachers, Employees' Retirement; spouse's

pension, HB 1437 ...._........_..._...._._............___..__._.___.__.. 2499, 2553, 2616, 2619, 3111

Fulton County Teachers; retire with 30 years' service

at 55, SB 114 _________________________________________________________________________________________ 1463, 3370

Fulton County Teachers' Retirement Plan; create,

SB 112 ____.__............_................._.._....................__....___...__._..___.___._.__.__.1214, 1244, 3370

Fulton County; traffic engineering services provided by

City of Atlanta at cost, HE 572 __..-. 1101, 1106, 2416, 2426, 2735

Fulton County Water Authority; create, SB 113

_ _ No action in 1978

Fulton-DeKalb Counties; self-insurance for judgments

against officials, SB 617

. ..,, . . 1165, 1479, 1566, 1678

Funeral Service Board; change membership,

SB 400 ___.._..._... 56, 106, 127, 186, 190, 2167, 3371

Funeral Service, Board; set amount for license fees,

HB 1574 ___________.______.__.._______________._...._...._,,______ 1370, 1377, 1563, 1672, 1788, 2002

G

Gainesville, City of; five-man commission, change ward

boundaries, HB 2054 ....__...._._...-_...........-......_.____.. 2139, 2209, 2417, 2431, 2709

Gainesville-Hall County Development Authority; redefine

project, HB 1637

......

800, 813, 990, 1059, 1122

Gainesville Redevelopment Authority; create, HB 2055 ______________ 2139, 2209, 2417,

2432, 2710

Gambling; certain acts relating to bingo games without

license prohibited, HB 1791 ..

- 1160, 1170, 2218, 2222, 3140, 3248

Gambling Places; amend Code relating to bingo games, SB 218 .._._._.._._.___,,___.. 78

Gambling; provisions and exceptions related to coin-operated

games, HB 1649 _..

.. 1162, 1170, 2045, 2065, 2247, 2307

Game and Fish; change provisions relating to damage or injury

from weapons discharged while hunting, SB 394 __...._._.. 55, 701, 737, 830, 844

Game and Fish; change provisions relating to killing deer without antlers and night hunting, SB 507 __________________ 402, 701, 738, 830, 876

Game and Fish; change provisions relating to nonresident big game licenses, HB 1505 _________ ___________ 1039, 1045, 1303, 1395, 1788, 1816

Game and Fish; change provisions relating to protective

devices for beehives, HB 1554 . .

1159, 1169, 1303, 1395, 1683, 1737

Game and Fish; change provisions relative to shrimping, HB 1382 ...,,...- 1161, 1167, 1302, 1394, 1788, 1812

Game and Fish Code; change certain provisions and definitions, HB 1543 ______________________ 1369, 1376, 1565, 1672, 1788, 1817, 2141, 2142, 2215, 2255, 3061, 3076
Game and Fish Code; handgun provisions relating to muzzle-loading, HB 1320 ____________ 1285, 1294, 1774, 2049, 2446, 2456, 2587, 2755, 2757, 3053, 3064, 3137, 3191, 3306, 3365

Game and Fish; firearm or automobile used in violation of law declared contraband, HB 1532 _____________ ........ 1635, 1659, 2046, 2062

Game and Fish; hearings on rule changes conducted in

area affected, SB 211

_....._.,,...._

____29, 32, 1175, 1235, 1236

INDEX

3485

Game and Pish; hunter education required, change provisions relating to hunting on public road, SB 508 ........... 403, 701, 738, 831, 881,

3078, 3193, 3372

Game and Fish; hunting, provisions and penalties for

mistakenly shooting at human beings, SB 510 .__._______.__. 403, 701, 739, 831, 887

Game and Fish License; denial, revocation or suspension

provisions, SB 509 ....

403, 701, 738, 831, 883, 2212, 2327, 3372

Game and Fish; lifetime honorary hunting and fishing license

to totally disabled residents, HB 1271 ... . 689, 695, 1053, 1113, 1403, 1428

Garbage, Trash Transported across County Line; permission

required from governing authority in which collected,

HB 1648 ._--_--._._.......--_______..__. 1371, 1377, 1564, 1673, 3140, 3196, 3259, 3261,

3292, 3304, 3358, 3364

Garbage, Waste, Dumping; requirements for transporting

across county of State boundaries, SB 396 _...._..._........ 56, 184, 214, 376, 383

Garden City, City of; extend corporate limits,

HB 1800 .....--.-.-............._. 1504, 1536, 2616, 2620, 3113

Garnishment; change provisions relating to alimony

judgment, HB 1328 ................

203, 211, 2419, 2421

Garnishment; change provisions relating to relief from default

judgment, SB 373 _.._..____________..,,______._____._._____._.. 23, 991, 1054, 1126, 1130, 3259

Gasoline Marketing Practices Act; change and add

definitions, SB 378 ___._..._._._._________..._____.53, 368, 409, 621, 647, 991, 1063, 1069,

3165, 3188, 3212, 3371

Gay, Ms. Norma Jean; commend, SR 322 _._._..._________..._.__._________._______,____________..__.____995

G.B.I. Members; retain service revolver and badge

upon retirement, HB 362 ....._..........__................_..........._....._...No action in 1978

G.B.I. Qualifications; change certain terms,

HB 1048

....... 689, 694, 2419, 2420, 2756, 3031

General Assembly Appropriations Act; continue until

another adopted, HR 724 ..... ..... 1548. 1561, 1770, 2060, 2247, 2347, 2446

General Assembly; establish fair market value on certain

homesteads, ad valorem tax purposes, SR 218 58, 361, 1300, 1391, 1504, 1514

General Assembly; extraordinary session each ten years

to repeal existing laws, SR 291 .._.____.._._..__.___._..._._________.____.______________.___._._._______.664

General Assembly; introduction of bills prohibited in even-

numbered years with certain exceptions, SR 221 ----______._...--____----..-.____..--.59

General Assembly Members; automobile mileage allowance increased, SB 552 ................... 661, 1052, 1111, 1236, 1308, 1316, 3068, 3372
General Assembly Members; automobile mileage allowance rate increased, HB 1820 ...... .. ..... .. 1465, 1472, 1769, 2053, 2756, 3029, 3369

General Assembly Members; unlawful to receive compensation when representing person or firm before State board or agency, SB 376 .................._..._......._......_._.__._.....23

General Assembly; methods and procedures for overriding Governor's vetoes, SR 234 ....................76, 106, 128, 186, 197, 3281, 3286, 3372

General Assembly; provide for joint introduction of legislation in Senate or House, SR 107 __........__._...........__._..............._._.........30, 36

General Assembly; reapportion House of Representatives districts 73 and 78, HB 1575 ...... .............. 1464, 1478, 2418, 2421, 2755, 2980

General Assembly; reapportion Senate district numbers 34, 35, 37, 38 and 39, SB 116 ................................................................No action in 1978

General Assembly; two-thirds vote required for passage of revenue raising legislation, SR 95 .._.........._.._.. 361, 367, 410, 622, 671, 679, 687, 708, 722

3486

INDEX

Geologists Examiners Board; change scheduled termination

date, HR 490 ___....__

_. ,,

805, 810, 1053, 1115, 2756, 3036

Georgia Air National Guard; commend, HR 617 .._._______..-__....._..._.727, 743

Georgia Bureau of Investigation; agents, additional

powers, SB 368 ______...._.___.__..._..___._._.___.___._..________..._.___________._.____ No action in 1978

Georgia Bureau of Investigation; change certain

terms, HB 1048 ....._.........._....................... ..._____ 689, 694, 2419, 2420, 2756, 3031

Georgia Bureau of Investigation; officers assist

local authorities upon request, SB 503 ........._............... 364, 668, 703, 743, 782,

2016, 2080, 2614

Georgia Farmers; commend, SR 273

_

_. ..______ 209, 407, 412

Georgia Justice Courts Training Council; enact,

HB 113 ...____......_.___......__.____..

.

. 688, 694, 1302, 1392, 1682, 1685

Georgia Military College Board of Trustees; change

number and composition, SB 543 660, 818, 910, 996, 1011, 2016, 2082, 3372

Georgia, "Peanut State"; designating State, SR 18 .._........._.. No action in 1978

Georgia Register; bulletin published showing administrative

rule changes, SB 559 ....................... 663, 1174, 1225, 1308, 1318, 1579, 1580

Georgia Southern College; grant Doctor of Education

degrees, SR 146 _________ .._.._._..._._..__.______._..______._._.______..________..___.No action in 1978

Georgia Supporters for the Gifted; commend, SR 317 ____.____...___,,,, 828

Georgians on a Litter Solution, (GOALS) ; commend, SR 394 ___...___.____..__._..._.. 2754

Gibson, Sandra; appreciation to, SR 282 ._.._,,_....__.________ 412

Gifted, Georgia Supporters for; commend, SR 317 .._......_,._.,,...-_ 828

Gifted Student Program; legislative intent, HR 773 .-....__..-._.._._._-__._.____ 3292, 3359

Gifts to Official Visitors to State; requirements and

procedures, SR 228 __-._.._________.-______-...___.___..__.____.._......-.____..__.._..___......____..._.._.59, 368

Gilmer County Commissioner; compensate,

HB 2049 ._._.._-_______.._._______.._..__.___-....___.__...._-_..____-....____.2138, 2208, 2417, 2431, 2708

Gilmer County Superior Court Deputy Clerk;

compensate, HB 2050 _______ .____..... ....... ._____.._... 2138, 2208, 2417, 2431, 2708

Glynn County Probate Court Judge's Deputies;

compensation, HB 2014 .._._.__._......______...._______....._._.. 1713, 1758, 2417, 2429, 2703

Glynn County Sheriff; employ additional personnel,

HB 2043 ...____.__...__........________...._______......___.__....______...1858, 2038, 2417, 2431, 2707

Glynn County State Court Clerk and Deputies;

compensation, HB 2015 .... ...____...._______.._____.__..._..___ 1713, 1758, 2417, 2429, 2704

Glynn County State Court; prohibit judge ruling on matters

with financial interest, SB 561 ___.....___......._____._.....______..._.__ 663, 734, 823, 914

Golden Isles Highway; designate certain highways,

HR 506 .....______....____.__........_.___...._..____._.-...______. 1372, 1382, 1565, 1674, 2247, 2334

Gordon Judicial Circuit; create, SB 285 __...._..__......._______.....__.__.__ 1765, 2462, 3371

Government Areas not Regulated; need for study commission

to seek and identify, SR 344 _....__._. ............................___.._.......____...........___.....1292

Government Operations Committee, Joint; review and

terminate certain regulatory agencies, SB 72 ................____.__.....________......___106

Governmental Operations Committee, Senate Standing;

amend Rules relating to subcommittees, SR 232 ...___.____.._________._..--__ 59, 87, 115

Governmental Operations Committee, Senate Standing;

appointment of new Chairman and Vice Chairman .....___._,,_...._._-___........ 20, 21

Governmental Operations Committee, Senate Standing;

subcommittees authorized, SR 222 ______.._______,,.________________,,_________,,___________,,__________. 22

Governmental Operations Committee; subcommittees appointed __--....,,___--.--._ 116

Governor; directed to proclaim month of May, 1978 as

Solar Month, HR 733 ....._____..........2551--Received after 33rd legislative day

Governor's appointments .......... ,,________________._......__,,_______________,,__.__.____ 1789, 2472

INDEX

3487

Governor's Vetoes; change procedures for overriding

by General Assembly, SR 234 ____________ 76, 106, 128, 186, 197, 3281, 3286, 3372

Grady County Sheriff; compensation, HB 1863 _________ 1364, 1379, 1563, 1676, 1784

Grady County Small Claims Court; create, HB 2004 1618, 1665, 2043, 2069, 2241

Grady County Small Claims Court; repeal Act creating, HB 1892 ________1541, 1554

Grand and Traverse Jurors; provide for mechanical or

electronic selection, HB 627 - .-..._.__.31, 41, 87, 110, 117, 1042

Grand Jurors; provide for two alternates, HB 352 ____________ 31, 39, 87, 110, 117

Grants to Students Attending Institutions in Other States;

provisions, SB 157 __......_....__...__.__.___._.___._ No action in 1978

Grants to Students Attending Schools Outside University

System; SB 150

.._............_...._.._.__....._..._._.._.... ..408

Grants to Students, Military College; increase amount,

certain cases, HB 1665 ____. _______________...._ 1464, 1471, 2418, 2422, 3140, 3240

Grates on Public Roadways; requirements accommodate

bicycles, HB 1235 ...... ..... ............... 726, 731, 1109, 1176, 1308, 1322, 1546

Graves, Amilee C. Conference Center; designated at Unicoi

State Park, SR 252 .

..

104, 618, 669, 708, 720, 3139, 3191, 3371

Green, Mrs. Gertrude L.; commend, SR 260 ............._._...._..._.........._._.___......_.___......120

Greene County Airport Authority; create, HB 1723 _____ 896, 907, 1051, 1116, 1183

Greene County Probate Court Judge; clerical allowance,

HB 1721 ..__________.

....

896, 907, 1051, 1116, 1182

Greene, Senator Richard; excused from voting, illness .,,..__.__._.....__________.1186

Greensboro, City of; new charter and provide for

corporate boundaries, SB 645 ______ 1669, 1771, 2055, 2227, 2267, 2780, 3372

Griffin Industrial Building Authority; change name to

Griffin-Spalding County Development Authority ____________ 1366, 1382, 1771,

2056, 2230

Griffin Judicial Circuit; supplement to salary of Judges

and District Attorneys, HB 1875 ........................1459, 1474, 1670, 1776, 2072

Griffin Judicial Circuit; times for holding court,

HB 1429 ......

690, 696, 1143, 1175, 1227, 1403, 1432

Guardian for Insane, Appointment of; full and fair

hearings and notice, HB 1838 .... .... _ 1544, 1553, 2617, 2618, 3140, 3202

Guardian for Mentally 111 Person; procedure for

appointment, physician examination, HB 1614 ____________ _ ___ ____1286, 1296

Guardian of Mentally 111 Person; procedure for

appointment, SB 523 ........

_____ 610, 1302, 1381, 1504, 1510

Guardian, Testamentary; appointment provisions by parent

for minor child, SB 534 ...................... 612, 991, 1055, 1403, 1407, 3067, 3371

Guardians; repeal Code sections relating to ill treatment

and allowances, HB 1414 ________________________________________________ 363, 366, 1481, 1569

Gwinnett County Board of Education; compensation

without referendum, HR 471 ___________________________ _______ 178, 183, 367, 411, 1032

Gwinnett County Board of Education; salary and expense

allowance, HB 1758 ..........

1040, 1048, 1224, 1304, 1400

Gwinnett County Justice of Peace; dollar amount of civil case,

HR 455 .___________...._______.-__________-_-_______.,,--___._,,.--___ 104, 106, 184, 217, 469, 1339

Gwinnett County Recorder's Court; provisions as to

marshal, SB 618 ........................ '... .......... 1216, 1386, 1489, 1571, 2140, 3371

Gwinnett County Superior Court Clerk; compensation,

HB 1295

.....

103, 106, 184, 216, 373

3488

INDEX

H

Habeas Corpus Child Custody Cases; notice of appeal not serve as supersedeas,

SB 445 ...

83, 668, 702, 743, 759, 3137, 3218, 3291, 3302, 3350

Habeas Corpus Clerk; provide in certain judicial

circuits, SB 591 _-___.____.______.._.__.. 807, 1053, 1112, 1187, 1192, 2410, 2458, 3372 Habeas Corpus Proceedings Against State Prisoner Held in
County Jail; Attorney General defend, SB 502 ..-__...._.._...........__.___............._...364 Habersham County Homestead Exemption; certain property
owned by residents, HR 662 .........._.___......................_..1288, 1298, 1671, 1778, 2201 Habersham County Small Claims Court; create,

HB 1825 _...._.....__........_....._._..._....__ 1214, 1221, 1301, 1397, 1496

Habersham County State Court Solicitor's Secretary;

compensation, HB 1757 _._......._____.__._._.......____........._._1037, 1048, 1224, 1304, 1400

Habitual Violators Relating to Driver's Licenses;

change provisions, SB 392 .____._...._...___

55, 668, 701, 743, 750

Hall County Board of Commissioners; boundaries of districts, HB 1968 _._.___._______._____..._______.___.____.._._______._______.__________..1620, 1662, 2216, 2225, 2437

Hall County-Gainesville Development Authority; redefine project, HB 1637 ........... 800, 813, 990, 1059, 1122

Hall County; special districts for providing sewer and water service, HB 1821 .,,._____.____..___._______..._______._______.. 1213, 1221, 1300, 1397, 1496
Hall County State Court Solicitor; compensation, HB 1802 ___..__..__...____...______________.___.___.__________.____.___._______.1160, 1171, 1300, 1397, 1495
Hall County Superior Court Clerk; execute bond in

specified amount, HB 1632 .............. 800, 812, 990, 1058, 1121

Hancock County Board of Commissioners Chairman; compensate

HB 2037

.........-,,-....-.---_-.-...._..... 1857, 2037

Hancock County Board of Elections; provide, HB 821 ....__....._._. No action in 1978

Hancock County Small Claims Court; jurisdiction,

SB 595

....

900, 1051, 1115, 1180, 1620, 3371

Hancock County Superior Court clerk; employ secretary,

SB 607 -_-.........--,,,,...---....,,-.- 1043, 1107, 1178, 1229

Hancock County Tax Commissioner; employ secretary,

SB 608 ..........______.__._____._-.............-._-_____..............__-_.._.._._.....1043, 1107, 1178, 1229

Hand, Honorable Fred B. Sr.; regrets at passing, SR 250 .........

89

Handicapped, Elderly; provide curb cuts at crosswalk, SB 593 ...... 807, 1479, 1566

Handicapped, Elderly; public buildings be made accessible, HB 90 ._......--....24

Handicapped Persons; provide for equal employment opportunity, SB 592 .__.___.............................-__.-.-.._..............__...-............__._____...__.807

Haralson County Commissioner; compensation, HB 1921 ,,..__.._....__._..._.__......................... ........1461, 1476, 1670, 1777, 2073

Haralson County Treasurer; compensate, HB 2040....... 2138, 2208, 2417 2430, 2707

Hardwicke, Town of; new charter, HB 880 ................. No action in 1978

Harris County Small Claims Court; change jurisdictional amount, HB 1436 _.....-......._.._...._...-..........._.363, 367, 618, 670, 706

Harris, Louis Carl; appreciation to and commend, SR 370 ,,.......-....-...--...._..--.2135

Hart County Board of Commissioners; create, HB 1865 .------_......................_..___.....-.-------........-.-.1365, 1380, 1563, 1676, 1784

Hatfield, Joe; commend, SR 381 ..--..--,,-,,--------.---2245

Headphones, Headsets; unlawful for motor vehicle operators to wear, HB 512 .------------.--------,,,,---------------- 31, 40, 107, 131, 138

Health and Medical Education Study Committee; create, SR 399 ...............2615

INDEX

3489

Health Boards, Counties; contract with certain agencies,

provide for health districts, SB 522 ___.__._.--_.____610, 736, 820, 919, 967, 2410,

2613, 3075, 3372

Health Care Responsibility Law; provide for payment of

costs for treatment of indigent persons, SB 482 ........__ 205, 700, 738, 830, 864

Health Code; change definition of institution

covered by Act, HB 1562 ...... 1163, 1169, 1480, 1570, 1788, 1854

Health Code; change notice provisions in denial of

application for individual sewage disposal system,

HB 1282 ........

1285, 1294, 2418, 2420, 2755, 2950

Health Code; habilitation procedures for mentally

retarded, SB 450 ______...__._____--.______. 84, 1108, 1175, 1236, 1258, 2169, 2981, 3372

Health Code; hospitalization and treatment procedures for

alcoholics and drug-dependent persons,

SB 451 . ._

. 84, 213, 371, 413, 438, 1765, 2994, 3372

Health Code; hospitalization and treatment procedures

for mentally ill, SB 449 ...... 84, 213, 370, 413, 431, 1765, 2977, 3371

Health Code; hospitalization of mentally ill, change

provisions on voluntary admission,

SB 478 -_....................... 181, 668, 702, 743, 777, 2169, 3001, 3372

Health Code; new chapter relating to life-sustaining

procedures, right to die, HB 1258 .----____.-------.--------1139, 1166, 1480

Health Code, Preventable Diseases; program to prevent

mental retardation caused by metabolic

disorders, SB 486 .... 206, 668, 703, 743, 781, 1766, 3371

Health Code; physical examination requirements for

food service establishment employees, SB 639 ....._. 1291, 1387, 1484, 1579, 1613

Health Code; provide for detection of hearing impairments

in high-risk infants, HB 1526

.

1039, 1046, 1302, 1395, 2105, 2143

Health Insurance Coverage; retired teachers, HB 1493 .____._.,,. 726, 732, 1108, 1177,

1236, 1308, 1335, 1468, 1591, 1632, 1700, 1846, 2041

Health Maintenance Organizations; new Code Chapter, SB 334... No action in 1978

Health Planning and Development; new Code Chapter

to insure adequate health care services to all

citizens, HB 1797

. .... 1466, 1472, 1773, 2053, 2247, 2323

Health Spas; provide for regulation, SB 393 ....................55, 667, 701, 743, 830, 831,

2204, 2283, 3371

Health Spas; Senate Human Resources Committee urged

to study licensing and regulation, SR 81 ......._......__.--,,._--_------..._----990

Heard County Commissioner; compensation,

HB 1729 _______.___-.._._._._____-_---.__..__-_-_-__--._...---__--__.--. 1036, 1047, 1224, 1303, 1398

Heard County Probate Court Judge; compensation,

HB 1733 ....._..._......_

.

1037, 1048, 1224, 1304, 1399

Heard County Sheriff; compensation, HB 1731 _____.__._. 1036, 1047, 1224, 1304, 1399

Heard County Superior Court Clerk; compensation,

HB 1730 ___..__._.....__________.--__..____._-_._._.__.._-_._.______.-1036, 1047, 1224, 1303, 1398

Heard County Tax Commissioner; compensation,

HB 1732 ._________...______._..______--___...________.._.._____.._________._.1036, 1047, 1224, 1304, 1399

Hearing Aid Dealers and Dispensers; regulate,

HB 1527 ......__....__..__............_.._.._......_..._.._.__._......1039, 1046, 1388, 1487, 1683, 1736

Hearing Aid, Rental and Purchase; right of

cancellation, SB 217 .....__..........__.._.._._.__................-__.._.........._._._- No action in 1978

Hearing Screening of Infants; provisions in Health

Code, HB 1526 .._.__................____,,..............___.__. 1039, 1046, 1302/1395, 2105, 2143

Henderson, Dr. J. Emmett; appreciation to, SR 424 _,,......_.,,_..,,......--....--..----.3361

Hendrix, Ray; commend, SR 306 _,,------_____--____------------_____--707

3490

INDEX

Henry County Board of Commissioners; change

Commission Districts, HB 1196 ___...,,._..___________________________________ No action in 1978

Henry County Elected Officials; procedure for recall,

HB 1192 ,,-._.__........,,......,,__... ,,....._

No action in 1978

Henry County Hospital Authority; appointing

members, HB 1199 ,,,,.._...,,..,,,,,,_,,.._,,_. No action in 1978

Henry County Sheriff; fix salaries of staff, HB 1278 ........_,,_______._.._______.._.. 103, 105

Heritage Trust Commission; taxpayers contribute

$1.00 each year, SR 26 ---...,,_.,,.,,...,,..,,,, No action in 1978

Heroin, Unlawful Distribution, Sales or Possession;

penalties, SR 345 --._..........-.,,,.____-...._...._.__...,,.............._,,_.._._.._....,,,,...,,..._...... 1292

Herty Foundation; assign to Forestry Commission for

administrative purposes, SB 599 .__._..... 901, 1053, 1112, 1187, 1197, 2168, 3371

Higher Education Assistance Authority; scholarships

for certain students, HB 1463 ......_._....._..._..._..._.__..609, 616, 818, 912, 1064, 1092

Higher Education Program for Senior Citizens;

establish, SB 505 _______.___.________.._.____..__.__._______.402, 818, 909, 996, 1018, 2345, 3372

Highway, Golden Isles; designate certain

highways, HR 506 -.,,_.,,._.. 1372, 1382, 1565, 1674, 2247, 2334

Highway Traffic Safety Association, National; relative

to fuel economy standards for 1980-81, SR 340 ._.._-_.__..........1218, 1390, 3119

Hinesville, City of; conveyance of certain real

property, HR 544 ........ 1041, 1049, 1565, 1674, 2105, 2164

Historic Chattahoochee Compact; interstate authority

with Alabama to promote development and

preservation, HB 1747

............. 1212, 1220, 1564, 1673, 1788, 2003

Hog Cholera; eradication, HR 548

.._..__.,,_.._... 393, 398, 407, 412

Holder, Ms. Janet; compensate, HR 466 ...... 1287, 1299, 1385, 1488, 1753

Holidays, Public and Legal; change, HB 1325 ................... 689, 695

Holland, Monty; commend, SR 325 ..... ..... ........

....... 995

Home Rule Act; annexation requirements, certain

municipalities, HB 1610 .............. 1099, 1104, 2415, 2424, 2625

Home Solicitation Sales Act; extend time allowed for

buyer to cancel, HB 1571 _

.._.. 804, 810, 1173, 1228

Homemakers, Displaced; expressing concern for needs, SR 352 _____________._______1293

Homemakers, Service Program for Displaced;

Human Resources Department,

HR 438 ._...-.-____._......___........-__-........___.-......727, 733, 1302, 1396, 1684, 1746, 2042

Homestead Exemption; certain amount certain

disabled persons, SR 230 .-.-.-,,.-.----.-.-.-..-.-.. 59, 361

Homestead Exemption; increase for certain disabled

veterans, HR 512 .......... 609, 616, 817, 912, 1064, 1093, 1126, 1127, 1467

Homestead Exemption; provisions for 62 year olds, SR 231 ......_.... 59, 361

Homicide; circumstances for exemplary damages, SB 6 .._.._...._......._.---..-..__.,,..... 107

Homicide; death from defective product cause for

action, SB 40 _.......__.......---.--.-..--. 107, 126, 186, 621, 641

Homicide; death from defective product cause for

tort action, HB 1327 ___.__._,,__.__._____.____.____. 608, 615, 2218, 2221, 2446, 2457, 2949

Homicide; define under Torts, manufacturer's liability, SB 504 ..........-- .._,,... 365

Hoschton, City of; new charter, HB 2011

. . 1620, 1665, 2216, 2225, 2438

Hospital Authorities; appointment and filling vacancies,

SB 372 __...-......._.._-..._..__.-......_._-....-._.._-......-__..23, 408, 619, 671, 708, 713, 830, 834

Hospital Authorities; filling of vacancies,

SB 424 ,,.....__.__..._......._._....._..-.._..-.- 73, 213, 370, 413, 425, 3362, 3372

Hospital Authority; contracting for certain consulting

services, SB 423 ....... -.-..-,,-.-- .. -.73, 213, 370, 413, 424, 2168, 3371

INDEX

3491

Hospital Authority Members; proceedings for removal, SB 421 ................. .................................................73, 213, 369, 412, 423, 2040, 3371
Hospital Liens; extend time for filing, HB 1628 _. 1159, 1169, 1773, 2051, 3140 3243 Hospital Medical Review Committee; provisions
for immunity and use of records, SB 590 ............... ___._...___ 807, 990, 1055, 1127,
1157, 1187, 1188 Hospitalized Criminals; provisions for discharge, HB 1076 --..__.-.._._..__.._._.__. 25, 736 Hospitals; application for staff privileges, change
time limit for action, SB 352 ............................_............_......... No action in 1978 Hospitals; application for staff privileges, change
time limit for action, SB 422 ................._...._.... 73, 213, 370, 412, 423, 2553, 3371 Hospitals Operated by State; any licensed physician may
practice, SB 205 -.....-........-..........._..............................................._................... 990 House Representatives; reapportion districts 73 and 78,
HB 1575 .........._.........._......._.............................. 1464, 1478, 2418, 2421, 2755, 2980 Housing Accommodations; prohibit discrimination,
HB 279 ........__......__......................._..........._......._...................__.... 24, 2419, 3140, 3190 Housing Code, State; require smoke detectors after
certain date, HB 1051 ................._........_...................... 400, 406, 667, 704, 744, 795 Housing Improvement Districts; tax exemptions granted
by cities, certain cases, SR 130 ......................................30, 36, 734, 831, 918, 919 Houston County Board of Arbitration; provide,
HR 674 ....._.._....._............._....._......_.._........_......_.........._..1372, 1384, 1563, 1678, 2029 Houston County Coroner; compensation, HB 1719 ........... 895, 906, 1051, 1116, 1182 Hudson, Miss Jan; nurse for medical center ...........,,._......__...........,,................___...... 22 Human Resources Department; access to court and law
enforcement records on juveniles, HB 1775 ... 1542, 1552, 1773, 2052, 2447, 2593 Human Resources Department; administer emergency
medical services system, HB 1905 ....____...._.___.1633,"l661, 2419, 2422, 3140, 3238 Human Resources Department; administer program to
prevent mental retardation due to metabolic disorders, SB 486 ..-_--.. 206, 668, 703, 743, 781, 1766, 3371 Human Resources Department; adopt rules requiring physical exam for food service establishment employees, SB 639 ____._...._.___._..____..__..._.___....._.____.._..____.1291, 1387, 1484, 1579, 1613 Human Resources Department; change provisions on cost of care of patients in State institutions, SB 429 .........._.............._........_......_.._._-...................................._._.74, 736, 819, 919, 960 Human Resources Department; distribute forms and tags for rabies inoculation at cost, SB 173 ........_.....,,,,,...._..__. ..._.___..__..._.__..__..___-.._-668 Human Resources Department; juvenile records, provide for limited disclosure, access to court records, HB 1774 ._______._..__._.___.....______....._____..__..____.....___.1542, 1552, 1773, 2052, 2247, 2320 Human Resources Department; parents make wage assignments under Child Support Recovery Act, HB 665 ............... 31, 41, 1388 Human Resources Department; provision relative to fraud in obtaining public assistance, SB 403 __......,,............_.............................. 57, 213, 369, 412, 420, 1767, 1845, 3371 Human Resources Department; service program for displaced homemakers, HR 438 ........727, 733, 1302, 1396, 1684, 1746, 2042 Human Resources Department; urged to conduct campaign on the availability of counseling for distressed marriages and families, SR 334 ........._.................._._ 1102, 1301, 1307 Human Resources Department; Vocational Rehabilitation Director not under Merit System, HB 1242 ......_._._......_........._._......._......1158, 1166, 1387, i486, 1683, 1709

3492

INDEX

Human Resources Employees; compensation certain

personal property losses, SB 287 ----._------__----__--..________..____ No action in 1978

Humphrey, Honorable Hubert H.; regrets at passing, SR 264 ...__....________________ 131

Humphries, John and E. R. Weldon of Southern Bell;

appreciation, HR 450 ----.----.--------__--------..._____--__.__..____......._..__.__......._. 52, 61

Hunting and Fishing; change certain provisions in

Code Section, HB 1543 __------._._ 1369, 1376, 1565, 1672, 1788, 1817, 2141, 2142,

2215, 2255, 3061, 3076

Hunting; automobile or firearm used in violation of law

considered contraband, HB 1532 _----._.----.----------__.--_ 1635, 1659, 2046, 2062

Hunting; change provisions relating to killing deer

without antlers and to night hunting,

SB 507 ------_.--..---.-__.------------..------..-------- 402, 701, 738, 830, 876

Hunting; change provisions relating to nonresident

big game licenses, HB 1505 _------_----._.---- 1039, 1045, 1303, 1395, 1788, 1816

Hunting License, Lifetime Honorary; issue to totally

disabled residents, HB 1271 ...... . ..........689, 695, 1053, 1113, 1403, 1428

Hunting; provide for hunter education; change

provisions relating to taking game on public

road, SB 508 ..----------..... 403, 701, 738, 831, 881, 3078, 3193, 3372

Hunting; provisions and penalties for mistakenly

shooting at human beings, SB 510 --------------..------ 403, 701, 739, 831, 887

Hunting; provisions for injury caused by

discharging weapons, SB 394

............. 55, 701, 737, 830, 844

Hypnotism, Mesmerism; regulate, SB 369 ----_._----__--------1388, 1482, 1579, 1588

I

Illegitimate Persons; provisions for inheritance

from father, HB 1805 ..... _._..... .......... 1463, 1472, 2218, 2222

Impoundment of Vehicles on Private Property;

requirements relating to notices posted and fees,

HB 1292 .__....---......-.----- 607, 615, 2218, 2221

Income Tax Act; redefine corporation, HB 103 .._.....__......__.._._._....._._.....__...._--. 30, 37

Income Tax; change deduction provisions relating to

use of Federal adjusted gross income for net

income, HB 1356 ------...----.._-------- 1040, 1045, 1479, 1567, 1788, 1808, 2214

Income Tax; deceased taxpayers, installment

contracts, HB 1332 ....-..- 1284, 1294, 1770, 2049, 2246, 2254

Income Tax; determination of date of death of Armed

Forces members missing in action, HB 100 ... .........._....--.._.--.._. 30, 37, 361

Income Tax; multiple support agreements,

dependency exemptions, HB 1390 _------. 898, 903, 1096, 1300, 1394, 1788, 1813

Income Tax Penalty; provisions for refunds,

HB 1381 _------._----------.----------.-------1284, 1295, 1770, 2049, 2246, 2259

Income Tax; remuneration for active service in armed

forces excluded, HB 1401 ....__..._......__...__._....._ 1038, 1045, 1300, 1394, 1788, 1814

Income Tax Returns; provisions relating to secrecy

of information, HB 1533 ----------------------1543, 1551, 1770, 2051, 2756, 3014

Income Tax, State; Federal retirement excluded,

SB 107 .-----,,.--------------------------------------------No action in 1978

Income Tax, State; provide for periodic cost-of-living

adjustment of personal exemptions,

SR 289

- ------------614, 1106, 1176, 1236, 1403, 1417, 3036, 3125,

3202, 3203, 3258, 3339, 3345

INDEX

3493

Indian Affairs Commission; change membership

provisions, HB 1530 .............._________.___.___.1162, 1169, 1387, 1487, 2246, 2287, 2599 Indigent Persons, Health Care; provide for payment

of cost of treatment, SB 482

__..,,.. 205, 700, 738, 830, 864

Industrial Loan Act; amend relating to forfeiture,

claim of violation and penalties, HB 1369 ____._.898, 903, 989, 1057, 1127, 1151 Industry and Trade Board; membership,
qualifications, SB 465 ........................... 179, 213, 371, 413, 621, 622, 2345, 3371 Industry and Trade Department; Music Recording
Industry Advisory Committee created within, SB 460 ._........................_.._....__.__..._._.. 123. 368, 410, 622, 671, 708, 718, 2302, 3371 Industry and Trade Department; Small and Minority
Business Assistance Division created, SB 131 ____._..___...___......................___.....818 Infant Health; Council on Maternal and Infant Health,
membership, HB 1240 ___________._._______.726, 731, 1108, 1176, 1308, 1324, 1336, 1468 Inheritance by Illegitimate Persons; provisions in Code

include father, HB 1805 .._._._..._......_.................................... 1463, 1472, 2218, 2222 Initiative Petition; procedure for Constitutional

amendments and statutes, SR 11 ....,,..__..__.____._.____..___.___.___._. No action in 1978 Initiative Petition; procedure for Constitutional
amendments and statutes, SR 238 .__.______...._._...77, 213, 371, 413, 621, 625, 659,

671, 708, 743, 744 Institutional License, Medical; residency requirement
one year in United States, HB 1229 ___.__...__._.... 689, 695, 1052, 1113, 1188, 1205 Insurance, Accident and Sickness; change provisions
on individual and group policies, SB 475 ----.......,,.___.-__.___.-_..__.........__._____-.. 181

Insurance, Accident and Sickness; cover certain services of licensed psychologists, SB 613 .-..............______.-----..........____.......1102

Insurance, Accident and Sickness; individual coverage of dependents, requirements on group policies, SB 474 .....__.__............__.__.._...._......._._...180, 989, 1054, 1127, 1132, 2168, 2293, 3371

Insurance Code, Georgia; sale of variable life insurance, HB 1014 ....._...._.._........ 1617, 1657, 2415, 2420, 2756, 3017, 3140, 3141

Insurance Code; Insurance Commissioner, disclosure of information, HB 929 ._......_...--... 31, 41, 183, 219, 376, 379

Insurance Commissioner; disclosure of information, Georgia Insurance Code, HB 929 ___................_..___._..... 31, 41, 183, 219, 376, 379

Insurance Contract; relating to definitions and cancellation notice on residential real property, SB 468 ________._..._...______........-_-__........_-_.179, 667, 702, 743, 763, 2498, 2509, 3371

Insurance Coverage, Uninsured Motorists; change provisions and procedures, HB 1386 ...._._.__......... ___.__...... 1504, 1536, 2043, 2064, 2246, 2263, 3023, 3029, 3077, 3170, 3298, 3366

Insurance, Group Accident and Sickness; limitation of benefits for preexisting illness prohibited after one year, SB 530 ._._.._..........._.611, 734, 820, 996, 1014, 3015, 3146, 3364, 3372

Insurance, Group Accident and Sickness; limitation of benefits for preexisting illness prohibited in replacement policy, SB 531 ........_._.....611, 734, 820, 996, 1016, 3139, 3284, 3364

Insurance, Health; denial of benefits as a result of
receipt of medical assistance prohibited, HB 1808 _______.._________...--_---..__-__--..~-1545, 1552, 2043, 2066, 2447, 2605, 3073

Insurance, Health for Public School Employees; librarians included, HB 1233 __................._......1633, 1658, 2044, 2061, 2246, 2253

3494

INDEX

Insurance; health insurance plan for retired

school teachers provided, HR 638 ..................1547, 1560, 1772, 2055, 2247, 2340

Insurance, Health; mental health coverage

included in group and individual policies, SB 313 ...._...... No action in 1978

Insurance, Health; policies include licensed

psychologists, certain cases, SB 253 ._.._... .----.___..___......__.___._. No action in 1978

Insurance, Health, State Employees; relating to

continued coverage for surviving spouse,

SB 161 ...............

212, 369, 412, 418, 2302, 2311, 3370

Insurance, Indemnity Purchased by Cities or Counties;

payment of certain claims, HB 1656 ........... 1212, 1219, 1770, 2052, 2247, 2313

Insurance, Liability for Education Boards; change

provisions, SB 382 ................................. 53, 735, 819, 919, 959, 2170, 2261, 3371

Insurance, Liability for State-owned Motor Vehicles;

extend coverage to certain nonprofit agencies

contracting with State, SB 533 .............. 612, 817, 909, 1063, 1064, 2351, 3065

Insurance License; issuance to nonresident counselors, SB 626 ................. ... 1218

Insurance, Motor Vehicle; holder of perfected security

interest, certain rights of joint release or

settlement, SB 636 ........._................_.._._._...__...._._........... 1291, 1385, 1484, 1579, 1612

Insurance, No-Fault Automobile; change subrogation

provisions, HB 1836 .............._._._._.......... 1542, 1553, 1774, 2053, 2247, 2324, 2600

Insurance, No-Fault Automobile; correlation of benefits

with workmen's compensation, HB 1448 .................................. ..........1368, 1375

Insurance, No-Fault Automobile; include certain

motorcycles in provisions, SB 76 .--.....------......................... No action in 1978

Insurance, No-Fault Automobile; jurisdiction of court

in certain cases, HB 1591 ...... . - ................... 899, 904, 2419, 2422, 3141, 3297

Insurance, No-Fault Automobile; limitation on punitive

damages, certain cases, SB 288 ........................._..._.............. No action in 1978

Insurance, No-Fault Automobile; mandatory

coverages, SB 321 ._......................................._...._......_.._................ . .. ........ 30, 35

Insurance, No-Fault Automobile; provide for correlation of

benefits, SB 96 ...................

........... ... No action in 1978

Insurance, No-Fault Automobile; provisions for decals

and cancellation, SB 580 ..............._.__.._........................................ .. .. .. 728

Insurance, No-Fault Automobile; redefine

motor vehicle, SB 327 ....._.._...___.................._...._.. ............. ....... No action in 1978

Insurance, No-Fault Automobile; subrogation

provisions, SB 289 ._...__......._._._......................._.__...._............. No action in 1978

Insurance Policy, Life; insurer pay interest on proceeds,

HB 1567 ..__________........--___-__--_-_..-------- 1284, 1296, 2043, 2064, 2247, 2298

Insurance Rates; casualty and property insurers

notify policyholders of increase, SB 268 ..--....._........ .......... No action in 1978

Insurance Rates; casualty, surety, marine apply to

workmen's compensation, provisions on filing for

domestic and foreign insurers, SB 606 ............._..... 986, 1173, 1226, 1403, 1414,

3067, 3372

Insurance Rates; consideration of insurer's average yield

from investment income in standards, SB 258 ._................. 2016, 2031, 3370

Insurance Rates, Vehicles; standards, rating plans

not based on race, creed or ethnic extraction,

HB 1301 ___.___..___....._-..--_-..---_------. 1163, 1167, 1479, 1567, 3141, 3309

Insurance, Surplus Line Brokers' Affidavits;

additional information required concerning

product liability, SB 514 __.._._._.............404, 734, 820, 919, 963, 3066, 3244, 3372

INDEX

3495

Insurance, Unfair Trade Practices; define certain

discrimination relating to property insurance,

SB 467 ......... .. ......... 179, 667, 702, 743, 761, 3066, 3130, 3371

Insurers, Product Liability; annual reports,

SB 513 __..........._......__......._...._....... . ..... 403, 734, 819, 919, 961, 2168, 2342, 3372

Interest Rates; installment loans, SB 347 ....__.... .........___. .... No action in 1978

Interest Rates; loans repayable in weekly installments, SB 353 .____.________.30, 36

Intern Program; appreciation to, SR 388 -.---...._._____.____.__.___.___._______________________ 2445

Intrastate Child Custody Jurisdiction; provide,

SB 397 ...._............................._.._._._...._.__..._. 56, 668, 701, 743, 751, 2169, 2273, 3371

Invasion of Privacy; recording, monitoring telephone

conversations, consent of parties required, SB 454 _______._______________________________.104

Ireland, Tom E.; compensate, HR 582 ....................... 1622, 1667, 1770, 2054, 2364

Iron City Mayor and Alderman; compensation.

HB 1473 ................. ............... 609, 617, 699, 742, 827

Irwin, Honorable John Richard, III; regrets at passing, SR 346 ._,, .....

1306

Ivey, Ms. Susan W.; compensate, HR 457 ______.............1287, 1298, 1769, 2054, 2359

J

Jackson County Justices of Peace; increase civil jurisdiction, HR 718 ........ ...................... 1546, 1561, 2216, 2227, 2530, 3069
Jaycees; Transportation Department erect marker near 1-75 designating Perry as Home of Georgia Jaycees, SR 254 ._______________________105
Jefferson Mayor; eligible to succeed himself, HB 2005 ....... ,, .----......-...........__.._...._._______________.___ 1618, 1665, 2216, 2225, 2437
Jekyll Island-State Park Authority; change composition, SB 564 ............................................... ...664, 817, 910, 1064, 1082, 3362, 3372

Jesup City Court (now Wayne County State Court) ; filling of vacancy, SB 560 .. .........._.._.._._.._...._.__.._._.__.___................_.___.___ 663, 734, 823, 914

John C. Barrow Memorial Bridge; designating, SR 40 --.....-___ No action in 1978 John Paul Johns Bridge; designated in Stephens County,
SR 308 .............._......_...._..__..._.........................__........___.__..730, 992, 1056, 1127, 1146

Joint Advisory Board of Family Practice; change name, HB 1241 ............__...._..........._.................... 402, 406, 700, 740, 831, 918, 930, 1373

Joint Session; message from Governor, HR 431

_....__...._.......26, 61, 62

Joint Session; message from Governor, HR 432 _....._...._._..__..................27, 61, 95, 96

Joint Session; Robert Lee (Bobby) Dodd address, HR 646 .___.__._______ 965, 996, 1000

Joint Session; to hear Honorable Bert Lance, HR 510 ............._...__.___..__.___.178, 186

Jones County; discharge of firearm on property of another,

HB 1787 ........._..__...._.. __...._....._._.._.._._..__......_. 1213, 1220, 1565, 1673, 1788, 2011

Jones County; levy ad valorem property tax for

Development Authority, HR 655 ._.._._..__..._......._.__ 1215, 1222, 1301, 1398, 1534

Judge of Superior Court; reimbursement of expenses while

attending educational seminars, HB 1623 ...._...._.._.__.__..____......1040, 1047, 1564,

1673, 1788, 2003 Judge Pro Tempore of Juvenile Court; judge from adjacent
county authorized to serve, HB 172 .._...__.. ..__...__..___________________.30, 38

Judges, Committee to Study Retention and Selection of Federal; create, SR 389 ....._................. ___...... 2415, 2617

Judges, District Attorneys Salaries, Retirement Fund; administered by Administrative Office of Courts, HB 1958 ............1633, 1662

Judges Elect and Designate, Superior Court; educational seminars, SB 340 ............................................._......._..................30, 36

3496

INDEX

Judges, Probate Court; bond returned to Secretary of

State, HB 1441 .....................

804, 809, 1773, 2050, 2756, 3022

Judges, Probate Court; fees, SB 264 ..................... 3227, 3237, 3371

Judges, Probate Court; minimum salaries,

SB 354 .-,, .

.

....... 699, 737, 830, 840, 3227, 3252, 3371

Judges, Superior Court; six year terms, SR 50 ____._.___-_._..__..____________.___________.______..___368

Judgments; dormancy and statute of limitations provisions

not apply, certain cases, SB 260 .............. No action in 1978

Judicial Circuit, South Georgia; additional judge,

HB 1388 ...................... 608, 616, 700, 741, 831, 918, 934

Judicial Circuits; provide for number of assistant district

attorneys, SB 188 ...........

No action in 1978

Judicial Council of Georgia; change duties, SB 342 ............._..736, 819, 1063, 1068

Judicial Proceedings; provide for deaf and blind sign

language interpreters, HB 452 ................. .........31, 40, 1108

Judiciary Committee; Senator Barnes authorized to call

meetings in absence of Chairman _______._____._____________________________________________.175, 200 Juries; selection by electronic or mechanical means, contracted

on judicial districtwide basis, HB 1640 ........ 983, 987, 2045, 2065, 3141, 3290 Jurors, Criminal Cases; judge, clerk bailiff administer oath

to jurors, HB 480

.

81, 85, 668, 703, 744, 789

Jurors, Delinquent; provisions for criminal contempt, change

penalty provisions, HB 1646 ..... ..... ....................._..........1159, 1169, 2045, 2065

Jurors; first offenders on probation for moral turpitude

crimes ineligible to serve, HB 163 ___.___._.___________..._._______._____.___....__..____..______.30, 38

Jurors, Grand and Traverse; provide for mechanical or

electronic selection, HB 627 _______..____..__________._....______._.31 ( 41, 87, 110, 117, 1042

Jurors, Grand; provide for two alternates, HB 352 ......_______.___.31, 39, 87, 110, 117

Jurors, Superior Courts; permit 6 members except for

felony cases, HR 577 ...._................._.._............_.._.........._._.....1631, 1666, 2218, 2223

Jury Duty; delete exemption for persons 65 years old,

HB 123 .........

30, 37, 700, 744, 787

Jury Duty; person other than judge may excuse jurors,

HB 1641 ......

983, 987, 2045, 2065, 3141, 3303

Jury in Felony Trials; change size of panel, provisions

on peremptory, SB 571

.....................___...._.. 693

Jury, Traverse; administration of oath to jurors during

voir dire, HB 1642 .....__.._............_......_................................ 1040, 1047, 2045, 2065

Jury Trial; verbal abuse of juror, witness or court official punished as misdemeanor, HB 1643 .. ._......................... 1463, 1470, 2218, 2222
Jury Trials; change provisions under Civil Practice Act, SB 175 .....--,,--.--.-------- --- - No action in 1978
Justice Courts Training Council, Georgia; enact, HB 113 ...--,,,,---...-688, 694, 1302, 1392, 1682, 1685

Justices of the Peace; abolish fees for criminal matters and issuing search and arrest warrants, SB 142 ._........_..__ No action in 1978

Juvenile Court; bail prohibited, certain cases, SB 63 ._...,,....._.-......__......,,.__........ 78

Juvenile Court Code; allow limited disclosure of juvenile records, HB 1775 ......_.._.............._.. 1542, 1552, 1773, 2052, 2447, 2593

Juvenile Court Code; change provisions on concurrent jurisdiction of superior court, HB 1563 ....... 1286, 1295, 2046, 2064, 2246, 2292

Juvenile Court; conditions for transferring child to another court, SB 62 ..___............_........_...............__.__........._____._.107, 126, 186, 188

Juvenile Court; disposition of case involving mentally ill child, clarify, SB 60 ,,---,,,,--,,,,,,.--,,,,,,.- ---,,-... No action in 1978

INDEX

3497

Juvenile Court Judge Pro Tempore; judge from adjacent

county authorized to serve, HB 172 ----------------------------------------30, 38

Juvenile Court; summons, time between filing of petition

and adjudicatory hearing, SB 59 ___------__________----------No action in 1978

Juvenile Court; traffic offenses, under the age of 17,

SB 61

... ..-------,,--.------------------107, 126, 186, 187

Juvenile Courts; change provisions relating to creation,

SB 501 -------- 364, 700, 738, 830, 870, 892, 919, 969, 2499, 2585, 3054,

3059, 3120, 3174, 3258, 3325, 3364

Juvenile; dispositional orders continue, certain children,

SB 64 --------------------------- No action in 1978

Juvenile Institutions Study Committee; create, SR 354 -------1293, 1389, 3352

Juvenile Records of Court and Human Resources

Department; provide for limited disclosure, HB 1774 ----1542, 1552, 1773,

2052, 2247, 2320

K

Kenny, Nicholas S., Jr.; commend, SR 404 ------------

---.......----------3119

Kidd, Senator Culver; appointed Chairman of Senate

Governmental Operations Committee ------------------------------------20, 21

Kleinhans, Ms. Pat; compensate, HR 481 ---------1287, 1299, 1770, 2054, 2361

L

Labor Commissioner; annual report as to legislation

needed, HB 122

- .------------------------------- 30, 37, 78, 89

Lakeview, Fort Oglethorpe, Catoosa County; bonds for stadium

and recreational facilities, HR 664 ------------ - 1288, 1298, 1386, 1493, 1651

Lance, Honorable Thomas B. "Bert"; address joint session ----------------_--389

Lance, Honorable Thomas B. "Bert"; joint session to hear

address, HR 510

,,...,,...--------------------- 178, 186

Lance, Mrs. Sara; commend, SR 402 --------------------------------------3118

Land, Possession as Notice of Title; presumed to be

possession of both husband and wife, SB 481 ---- 205, 1302, 1391, 1504, 1509

Land Titles; filing and recording, HB 524 -------------------No action in 1978

Landlord and Tenant Relationship; prohibit waiver of

provisions of certain housing codes, HB 706 ---- ------1749--Received after

33rd legislative day

Landscape Architects; exempt city and urban planners from

licensing provisions, HB 1815 ------....... 1463, 1472, 2217, 2220, 3140, 3219

Langford, Senator J. Beverly; communication --------...------------...------------20

Lanier County Justice of Peace; increase civil jurisdiction,

HR 546 ---------------------------------------687, 698, 817, 912, 1034

Laundrymen's Liens; strike Code chapter, HB 785 ------------725, 731, 2415, 2420

Laurens County; alcoholic beverage sale on promises certain

clubs, HB 2066 _--------------.-------------- 2140, 2210, 2617, 2618, 3140, 3209

Laurens County Probate Court Judge; compensation,

HB 2059 -------------------------------- 2139, 2209, 2417, 2432, 2710

Lavonia, City of; election of council members, HB 1999 ------1618, 1664, 2043,

2069, 2240

Law Enforcement Officer, Death of; provide for

indemnification, SB 36 ------------------------------------ ------1766, 2450, 3370

3498

INDEX

Law Enforcement Officers; basic rights, SB 108 .......__________.,,___.____ 818, 909 Law Enforcement Officers; certain basic rights, HB 1262 ____________1158, 1166, 1481,

1567, 2104, 2176 Law Enforcement Officers Killed in Line of Duty;
indemnification, HR 656 ____ _.._,,.._,,.._ 1631, 1666, 2045, 2063, 2447, 3140, 3228
Law Enforcement Officers of Revenue Department; assist local authorities, certain cases, HB 1708 __________ 1369, 1378, 2044, 2066, 2247,
2349. 2356, 2413, 3023, 3345 Law Enforcement Officers; witness fees, change amount

payable, HB 1237 _______..______,,___._

202, 210, 736, 822, 1064, 1088

Law School Public Prosecutor Act; term district attorney

include state court solicitor and other officers,

SB 326 ..__......,,.........._..._______.._ 30, 35, 184, 219, 376, 377, 3361, 3371

Lease Between State and Omni, International, Inc.; delete

portion, SR 121 _..____.._._,,

668, 703, 743, 783, 2346, 3372

Lee County Sheriff and Deputies; salary, HB 1793 1213, 1221, 1386, 1491, 1576

Lee County Small Claims Court; change provisions relating

to clerk, HB 1792

.........

1160, 1171, 1386, 1491, 1575

Lee, Robert E., High School Band of Thomaston; commend,

HR 561 .........._.........................._.._.._...

610, 621

Legal and Public Holidays; change, HB 1325

...___.... 689, 695

Legislation; introduction of bills prohibited in even-numbered

years with certain exceptions, SR 221 _________________ __________...___.__________.________________59

Legislation; provide for introduction jointly in either House of General Assembly, SR 107 _..................__,,_.__..__..__. 30, 36

Legislative Counsel and Legislative Services Committee;

membership, SB 21 .........._.........

2552, 2601

Legislative Overview Study Committee; create, SR 362 _____________ 1469, 2618, 3353

Legislative Services Committee; membership, SB 21 __________....._..______ 2552, 2601

Liberty County Probate Court Judge's Clerk;

compensation, HB 1872 _________________________________________ 1365, 1380, 2416, 2427, 2698

Liberty County Sheriff; change annual salary,

HB 1871

..__.................... 1365, 1380, 2216, 2224, 2435

Liberty County Superior Court Clerk; compensation,

HB 1870 ._.,._.................._.

1365, 1380, 2616, 2620, 3085, 3368

Librarian, State; Executive Departments send annual list of all documents published or issued, HB 1431 __________________ 1368, 1375, 1772, 2049, 2246, 2266
Librarians, Board for the Certification of; appointment of members, HB 1817 .__._,,______.______.____....___________________________ 1655, 1660, 2044, 2062
Librarians, Public Schools; included in health insurance program, HB 1233 .................. 1633, 1658, 2044, 2061, 2246, 2253
Librarians, State Board for Certification; composition, HB 1227 ______________________ 803, 808, 1108, 1176, 1308, 1321
License Plates, Automobile; special tags issued to military reserve members, SB 604 986, 1067, 1173, 1225, 1403, 1414, 2552, 2948, 3372
License Plates, Automobile; special tags issued to sheriffs, HB 1826 _______________________________________________ 1632, 1661, 2048, 2062, 2447, 2755, 2781

License Plates for the Disabled; certain deaf persons qualify, HB 1232 .______...__.........__._............. 724, 731, 992, 1056, 2104, 2121, 2411, 3204
License Plates, Motor Vehicle; Revenue Commissioner

authorized to extend five-year plates, SB 261 ______________ 185, 214, 376, 380, 671
License Tag Fees, Motor Vehicle; change for certain vehicles, HB 831 ....________._______________________1284, 1293, 1481, 1566, 1683, 1699, 1707, 2213

License Tags, Motor Vehicles; bear insignia Peanut State, SB 67 ...._..._...___._-----.---------,,---.-.-_-__........ No action in 1978

INDEX

3499

Licensed Professional Counselors; regulation and
licensing, HB 1217 ................ ....................... 1545, 1550, 1715 Licensing and Examining Boards; determination of fees,
disposition of funds, HB 1801 .... __. 1465, 1472, 2043, 2066, 2447, 2600 Lien for Ad Valorem Tax Due; apply only to property liable for tax,
SB 589 .........._...__..__-...........____............_.._...........____.._.........._._._..........__._........_..806 Liens and Mortgages; strike Code chapter on laundrymen's
liens, HB 785 ......-.........-...__..._.__._.._._ 725, 731, 2415, 2420 Liens for Taxes on Property; provisions on transferred
property, HB 1593 ......... 1543, 1551, 2043, 2064, 2247, 2303 Liens in Behalf of Hospitals; extend time for filing,

HB 1628

.

1159, 1169, 1773, 2051, 3140, 3243

Liens, Materialmen's and Mechanics'; provide for rental

value of certain items, HB 1313 ___._._... 202, 211, 1053, 1113, 1308, 1327, 1467

Liens, Mechanics and Materialmen's; additional

method for discharging, SB 337 __. _...._............_________________________________ 77, 87, 110

Liens, Mortgages; revise Code title, SB 22 --..-.._______.._.________.___ No action in 1978

Liens on Personal Property, Foreclosure; new Code Chapter,

HB 876 .......________---.........____________..______...._...__.________...._._.____.__.1370, 1374, 2415, 2420

Lieutenant Governor Zell Miller; address ------...--..._... _.__.__.._______.13

Lieutenant Governor Zell Miller; communications _..____. . .__.... 116, 175, 200, 1282

Life Insurance Policy; insurer pay interest on proceeds,

HB 1567

........ __._.__-_. .. 1284, 1296, 2043, 2064, 2247, 2298

Life-Sustaining Procedures; new Health Code chapter

relating to the right to die, HB 1258

_......._._. ...1139, 1166, 1480

Liming Materials Act; change labeling provisions and

definitions, HB 1755 ..................... 1369, 1378, 1478, 1570, 2447, 2591, 3070

Lincoln County Commissioners; compensation,

HB 2029 ......... ......................._._....____._..................... 2137, 2206, 2417, 2429, 2705

Lincoln County Probate Court Judge; provide annual

salary, HB 2031 ........................ ............................. 2137, 2207, 2417, 2430, 2705

Lincoln County Sheriff; compensation, HB 2034 .... 2138, 2207, 2417, 2430, 2706

Lincoln County Small Claims Court; change civil

jurisdiction, HB 1931 .......... ...... .... ......... .._._.___..... 1538, 1556, 1771, 2057, 2232

Lincoln County Superior Court Clerk; provide annual salary,

HB 2032 ................._......................._.._._.._._.._._.__........ 2137, 2207, 2417, 2430, 2705

Lincoln County Tax Commissioner; compensate, HB 2033 ........... 2138, 2207, 2417,

2430, 2706

Lincoln County Treasurer; compensation, HB 2035 ... 2138, 2207, 2417, 2430, 2706

Lincolnton, City of; change provisions on temporary loans,

HB 2028 ................ 2137, 2206, 2417, 2429, 2704

Lindsey, LaWanda; commend, SR 397 .-.,,.-.-.-.--.......--................2755

Lithonia, City of; homestead exemption certain residents,

SR 359 ______________.--..-....._.....................--.-1468, 1671, 1775, 2189, 3363, 3372

Litter Containers; required in all motor vehicles, SB 419 __..--.....--..._-.____________72

Litter Solution, Georgians on a; (GOALS) ; commend, SR 394 ______._.._......_...2754

Littering; change penalty, SB 255

-...............--- No action in 1978

Littering; include information on Public Safety Department Publications, SR 284 _______________...._.__..._..______._._______._.613, 701, 740, 831, 918, 923

Livestock and Hogs; repeal outdated Code sections, HB 1411 ..........-._-.-_. 363, 366, 1478, 1568
Livestock Purchased at Auction; making and depositing payment, SB 619 ................._.._._.___..__.1217, 1299, 1391, 1504, 1513, 2204, 3372

Livestock Purchased at Auction; manner of making payment, SB 448 _..__._.__.._...--.-......._..___.___.__.-- 83, 183, 216, 376, 390, 899, 3371

3500

INDEX

Livestock Sales at Auction; change definition of special sale,

permit provisions, HB 1370 _._.................... 203, 211, 816, 912, 1064, 1091

Loans, Industrial; change provisions relating to forfeiture,

claim of violation and penalties, HB 1369 ___._.. 898, 903, 989, 1057, 1127, 1151

Loans, Installment; interest rates, SB 353 ................. .___._................... 30, 36

Loans, Mortgages; cancellation of instruments, HB 743 .......... No action in 1978

Loans Repayable Monthly, Quarterly, Yearly; interest on

principal, SB 347 ,,,,--.................._.._...._... No action in 1978

Lobbyists; certain State employees register, SB 133 ............... No action in 1978

Lobbyists; General Assembly regulate, HR 238 ........._..___....______....__ 31, 42

Lobbyists; registered ,,-..........._............_......

43, 167, 652, 979, 1778

Lobbyists; report contributions to General Assembly

members, SB 132 ....__...._._.._.........__._..____ No action in 1978

Local Government; limitation on expenditures, SR 256 ._.._._.__.__

105, 361

Locksmiths, Key Makers; regulation and licensing, SB 262 ____No action in 1978

Long County Board of Commissioners; fix compensation

of clerk, HB 1897 ._.._..............

1460, 1474, 2416, 2427, 2699

Long County Deputy Sheriffs; board of commissioners fix salary,

HB 1900 ......_.._.._...._.._.....

1460, 1475, 2416, 2427, 2699

Long County Probate Court Judge; salary of clerk fixed by

board of commissioners, HB 1899 _

_. 1460, 1474, 2416, 2427, 2699

Long County Sheriff; clerk's salary fixed by board of

commissioners, HB 1903 ...................__.....,,.........____ 1461, 1475, 2216, 2224, 2436

Long County State Court Solicitor; Board of

Commissioners fix compensation, HB 1902 ______ 1460, 1475, 2416, 2427, 2700

Long County Superior Court Deputy Clerk; Board of

Commissioners fix salary, HB 1901 ________________ 1460, 1475, 2416, 2427, 2700

Long County Tax Commissioner; receive additional compensation

on taxes collected, HB 1898 ............. 1460, 1474, 2216, 2224, 2436

Lookout Mountain Judicial Circuit; additional Judge,

HB 1568 ...................................

804, 810, 1481, 1570, 1788, 1855

Lovett, Honorable W. Herschel; commend, SR 227 ,,._...._.._.............._.........27

Lovett, Honorable W. Herschel; commend, SR 235 ............................. 60, 123

Lovett, Honorable W. Herschel; commend, HR 619 ....................................728, 743

Lowery, Bill; commend, SR 384

..................._..___._............_.._._.._..__... 2445

Lowndes County Board of Commissioners; licensing

business activity by itinerant peddlers,

HR 668

- ... .... ...

1371, 1383, 1563, 1677, 2025, 2214

Lowndes County; construct, pave, improve public streets in

unincorporated areas, HR 669 _________________________ 1371, 1383, 1563, 1677, 2027

Lowndes County Probate Court Judge; compensation,

HB 1317 ....._--------.,,--

121, 125, 184, 217, 374

Lowndes County Sheriff; compensation, HB 1318 _____________ 121, 125, 184, 217, 374

Lowndes County Superior Court Clerk; compensation,

HB 1319 .._-,,-,,-,,,,,,,,--_..-

122, 126, 184, 217, 375

Lowndes County Tax Commissioner; compensation,

HB 1316 ._..........._-.-_.-_.._.._

121, 125, 184, 217, 374

Ludowici Recorder; qualifications, HB 1075 __________________ _______No action in 1978

Lyons Mayor; term of office, HB 1597 ......................_.____..._707, 723, 735, 824, 917

M
Macon, City of; repeal increased pensions to widows of firemen and policemen if Article X ratified, SR 313 ............730, 1054, 1112, 1187, 1201, 2212, 3371

INDEX

3501

Macon County Tax Receiver and Collector; consolidate offices
into Tax Commissioner, HB 1966 ---- ------------__.. 1541, 1559, 1772, 2059, 2237 Macon Homestead Exemption; 65 yr. olds income under
$4,000, HR 530 -..............--------------------------___.- 659, 666, 990, 1060, 1355 Magazine, Newspaper Editorials; name of authors
required, SR 147 .................. ----------_------------. ......... No action in 1978 Malpractice, Medical; limitation of actions relating to
death or injury of certain minors, SB 426 ----.----____------------------------__73 Malpractice, Medical; new Code Chapter on claims
arbitration, SB 630 -.-......------------._--------------1290, 1388, 1483, 1579, 1611 Malt Beverage Dealer; penalty performing certain
acts without license, HB 1302 ------------.----_.__..202, 210, 667, 704, 744, 796 Malt Beverages; importation into State, SB 536------------.--------------612, 1050 Manchester, City of; change method for run-off
elections, HB 2020 ------------------------------._,,_.__. 1713, 1759, 2044, 2070 Mann, Mrs. Augusta R.; commend, SR 378 ...._..------___.--.___.__..------__----__.--____.2079 Maps and Plats of Surveys of Land; regulate,
HB 732 --------.__..--------..------------.----_.__..._ 24, 2045, 2063, 2756, 3017, 3368 Marietta, City of, Mayor and Councilmen;
compensation, HB 1986 ...................... _---- ....1619, 1664, 2216, 2225, 2442, 2599 Marietta Downtown Development Authority; provisions
on membership, HB 1675 ................------_.-.----__---- 802, 816, 1386, 1491, 1575 Marine Equipment, Recreational Vehicle Manufacturers;
regulate, HB 240 --......---- ................................ ................... 30, 39, 1052 Marine Rescue Squadron; licensing requirements,
Civil Defense Act, HB 458 -._..._...__..__..----..._.__..-.___.__.._._.___.___.1176, 3140, 3226 ^Marion County Tax Commissioner;
hire clerk, HB 2042 ............__...-............_-................1857, 2038, 2216, 2226, 2439 Marketing Associations; perpetual duration,
HB 1687 ----......----..----.................-.............1465, 1471, 1670, 1776, 2105, 2150 Marriage License Application; evidence of proof of age, HB 1645 .._.........1367, 1377 Marriage Licenses; rubella test required, HB 1296 689, 695, 990, 1057, 1127, 1150 Marriages and Families, Distressed; urge publicity of
counseling availability, SR 334..............___________......1102, 1301, 1307 MARTA; easement on State-owned hotel property in
Atlanta, SR 316 ............------. ........ 808, 1053, 1113, 1187, 1203, 1766, 3371 MARTA; selection of board members, SB 304 ....... .----.._------.No action in 1978 Martin, Dr. Edmund Clyde; commend, SR 369 --.-................_......_.--...............--.....1787 Martin, Mrs. George Ellis; compensate, HR 483 ........1287, 1299, 1385, 1488, 1756 Martin, Honorable James F.; commend, SR 229 ----------------------------------60 Master and Servant; add provisions prohibiting employment
discrimination against handicapped, SB 592--.----------_----------------807 Master and Servant; repeal Code Sections relating to
indentured servants and apprentices,, HB 1414 ----------363, 366, 1481, 1569 Masters, Pinkie; regrets at passing, SR 406 ----------._..._.....----------..------ 3119 Materials and Energy Authority; create, SB 338 ,...............------..-.........----30, 35 Maternal and Infant Health, Council; membership,
HB 1240 ----.................------............ 726, 731, 1108, 1176, 1308, 1324, 1336, 1468 Mathis, Congressman Dawson; remarks ------------.----------------------------1591 Mauldin, John Gordon; commend, SR 275 ----.------_------------......------------.376
Mayor's Day, Nineteenth Annual in Georgia; commend officials, SR 258 ...............--..------.....-.-.-.....__.----------------131
McDuffie County Board of Commissioners; election, HB 1695 ------------------------------.--_..._.. 894, 904,- 1051, 1115, 1181
McDuffie County Board of Education; election HB 1698 ..--------...--___.----------.---.----.--894, 905, 1051, 1116, 1182

3502

INDEX

Mclntosh County; alcoholic beverage sale on Sunday,

SB 568 .-.......__...._....._.....__.......

692, 735, 824, 994, 1670

Mclntosh County Commissioner Districts; create, HB 2070 ---___..__..-.___ 2256, 2407 Mclntosh County; State prohibited from purchasing

property without written approval, SR 21 ....__..._...--.__...__.___.__. No action in 1978

Mclntosh County; State urged to refrain from condemning or purchasing property, SR 304 _---------.-__....--________________________ 694
McRae, John Henry; congratulate as Teacher of the Year, SR 396 ....................2754 Mechanics' and Materialmen's Liens; provide for
rental value of certain items, HB 1313 202, 211, 1053, 1113, 1308, 1327, 1467

Medicaid; payment of interest to vendors, SB 155 .----.-----------__...-..........----. 29, 32 Medicaid Programs; urge federal government to make funds

available to certain providers, HR 227 ................__...._.__...._._.......31, 42, 2419 Medical Assistance Act; amend relating to
reimbursement of funds, liens and third party liability, HB 1807 ........_._..............._..._.... 1544, 1552, 2419, 2422, 3141, 3265 Medical Assistance Recipients; reduced insurance coverage because of assistance prohibited, HB 1808 __.._...-_.. 1545, 1552, 2043, 2066, 2447,
2605, 3073

Medical Care; termination of for terminally ill patients, certain cases, SB 322 ... __.__.......- ........-.--. 991
Medical College Clinical Training Program; discontinuance date, HB 1661 ..... 1369, 1377, 1773, 2052, 2447, 2557
Medical Education Board; create, SB 383 .............. 54, 699, 737, 830, 843, 2204, 3371

Medical Examiners; change fees paid for services, HB 1625 ....... 1370, 1377, 2419
Medical Examiners, State Board of; change size and composition, HB 632 ________.__.___._______.___.___.___.___.___._______.___.._.._______.__-_._..-.______--_...-.....__--1545, 1550

Medical Genetics Network; establish Statewide to prevent mental retardation from metabolic disorders, SB 486 ...... 206, 668, 703, 743, 781, 1766, 3371
Medical Institutional License; residency requirement one

year in United States, HB 1229 .............. 689, 695, 1052, 1113, 1188, 1205 Medical Malpractice Claims; new Code Chapter
on arbitration, SB 630 ....._.................._._....._..........-- 1290, 1388, 1483, 1579, 1611
Medical Malpractice; limitation of actions relating to death or injury of certain minors, SB 426 ............_...._..__..--.-- .--------. 73

Medical, Podiatry; change definition, HB 1349 1285, 1294, 1387, 1486, 1683, 1731 Medical Practitioners; application for staff privileges in
hospitals, SB 352 ....................................................... No action in 1978 Medical Practitioners; application for staff privileges
in hospitals, SB 422 .................... 73, 213, 370, 412, 423, 2553, 3371

Medical Records; discovery to adverse party in civil cases, SB 75 ................,,_._........... No action in 1978

Medical Review Committees; provisions for immunity and use of records, SB 590 ....... 807, 990, 1055, 1127, 1157, 1187, 1188

Meetings Open to Public; require notice of time and

place, SB 91

.....__._................

No action in 1978

Meetings Open to the Public; State or local housing authorities included in requirements, HB 1581 ... 691, 697, 2048, 2071, 2755, 2947

Mental Health and Mental Retardation Council; serve as Alcoholism Advisory Council, SB 574 ............................. 693, 990, 1055, 1127, 1138, 2169, 2281, 2412, 2764, 3372

Mental Health Insurance Coverage; included in group and individual health policies, SB 313 .....--......._......----......_...-- No action in 1978

Mental Incompetency to stand Trial; procedure, SB 206 ....................... ._._._._.,,_.29, 32

INDEX

3503

Mental Retardation from Inherited Metabolic Disorders;

prevention by screening infants, SB 486 ....... 206, 668, 703, 743, 781, 1766, 3371

Mentally 111; hospitalization and treatment procedures,

SB 449 ................................................. 84, 213, 370, 413, 431, 1765, 2977, 3371

Mentally 111, Hospitalization of; change provisions on

voluntary admission, SB 478

.... 181, 668, 702, 743, 777, 2169, 3001, 3372

Mentally 111 Person; procedure for appointment of

guardian, SB 523 ........................................................ 610, 1302, 1381, 1504, 1510

Mentally 111 Person; procedure for appointment of guardian,

physician examination, HB 1614 .................................................. 1286, 1296

Mentally retarded; habilitation procedures,

SB 450 .................................................. 84, 1108, 1175, 1236, 1258, 2169, 2981, 3372

Merit System of Personnel Administration; appeals provisions, SB 611 .........--1101

Meriwether County Sheriff; compensation,

HB 1991 .................................._........._......._........ ........1619, 1663, 2043, 2068, 2239

Metropolitan Atlanta Rapid Transit Authority;

selection of board members, SB 304 ............... No action in 1978

Metropolitan River Protection Act; redefine certain terms, SB 644 ............--.....1549

Middle East; create commission to promote State productivity

in that area, SB 339

....... ...... .............. 30, 35

Military Forces Reorganization Act; amend relating to pay of

public employees while on ordered military duty, SB 456 ........... 123, 1480, 1565

Military Forces Reorganization Act; amend to authorize

National Guard to operate post exchanges,

SB 476 ............................................................ 181, 618, 669, 708, 719, 830, 836

Military Reserve Members; special automobile

license plates, SB 604 .......... 986, 1067, 1173, 1225, 1403, 1414, 2552, 2948, 3372

Milk Sales and Distribution; cost of inspection,

SB 447 ...................................................................... 83, 183, 215, 376, 389, 899, 3371

Milledgeville; de-annex and exclude from city certain

property, SB 463 ...._....-.....................-............. ............179, 617, 669, 704, 984, 3371

Miller, Lieutenant Governor Zell; address ........._....._.__...,,_. 13

Miller, Lieutenant Governor Zell; communication .. .. --.....---116, 175, 200, 1282

Millican, Honorable G. Everett; commend, SR 251 ..--...-- ....----.----.----.-...--.....115

Millkey, Sr., Mrs. Herbert C.; compensate,

HR 456 ...................................................................1621, 1667, 1769, 2054, 2358, 3259

Milsap, Ronnie; commend, SR 422 ...-..,,.--.................. 3361

Mindbender Month; urge Governor designate April, 1978,

SR 360 -...-..................................-...-..-.-.......................-....-............._.. 1469, 2217, 2299

Mink, Maj. E. D.; regrets at passing, HR 503

.....

...122, 131

Minors; distribution to of drug-related objects

unlawful, SB 441 .............76, 184, 215, 376, 398, 412, 414, 3071, 3281, 3289, 3372

Minors; distribution to of drug-related printed material

unlawful, SB 440 ......................76, 184, 215, 376, 397, 412, 413, 2169, 2260, 3371

Minors, Employment of; acting, recording or modeling

permitted, certain circumstances,

SB 625 ..................................... 1218, 1388, 1483, 1579, 1609, 3329, 3331, 3372

Minors, Employment of; worker's certificate not

required for those aged 16 or older, SB 628 .......... 1289, 1388, 1483, 1579, 1610

Minutes, Court; repeal Code on reading and signing,

HB 138 .................

30, 38, 736, 831, 918, 926

Miscegenation; repeal Code section prohibiting, HB 1412 ._____. 363, 366, 1481, 1568

Mitchell County Board of Education; compensation, HB 1856 ............................... 1283, 1297,1562, 1676, 1783

Mitchell County Small Claims Court; change jurisdictional amount, HB 1913 ...,,-........,,._........ 1461, 1475, ,2617, 2624, 3117

3504

INDEX

Mobile Home Taxation; registration of homes not subject to tax, HB 1364 ______ _______....___..________ 1158, 1167, 1479, 1568, 2105, 2131

Mobile Home Taxation; where to return for taxation,

HB 1243 _____--_._

202, 210, 734, 822, 1064, 1089

Mobile Homes; included in property subject to distress

warrants, HB 543 ._.._........._.._. 2045, 2063, 3140, 3219, 3368 Modular, Sectional Homes; change provisions for

width on highways and permits, SB 548 ........661, 701, 739, 831, 890, 1764, 3372 Molena, City of, Mayor and Aldermen; change terms,

HB 1972

__._._.

1620, 1662, 2416, 2428, 2712, 3070

Moneys Received from the Commission of Crime; distribution, HB 1279 ____,,......,,_-___-_-__--__-.........__._-.-.-_----.-.._.._-_-.._._..__._........._...._ 1285, 1293

Monroe County; discharge of firearm on property of another, HB 1786 ._,,_.,,._.._.____,,_________....__.______......._____,,..... 1212, 1220, 1564, 1673, 1788, 2011,

2616, 3084, 3282, 3304 Monroe County Grand Jury; arbitrate certain disputes
on certain county matters, HR 642 _______.,,_... 1101, 1106, 1224, 1305, 1530, 1656

Monroe County Sheriff; appeal to Grand Jury over salary disputes, HB 1834 _...____......_._..__________..._....___.___ 1214, 1222, 2043, 2068, 2238

Montgomery County Sheriff; compensation of secretary, HB 1866 ..... ...........,,..__. 1365, 1380, 1563, 1677, 1785

Monuments, Survey and Property Line; penalties for

destruction or displacements, HB 731 ...... .._.._..___........ 24, 2045, 2063, 2755, 2941 Moped; exempt from motor vehicle registration and
licensure provisions, HB 1858 _______...... 1656, 1661, 1774, 2053, 3140, 3259

Moran, Mrs. Charlotte; regrets at passing, SR 226 ............................................60, 123

Moreland, Honorable Thomas D.; commend, SR 240 _.......__.--_.........___............79 Morgan County; alcoholic beverage sales on premises

authorized with referendum, HB 1924 ....____.._______ 1538, 1555, 2217, 2222, 2447, 3140, 3205, 3369
Morgan County Small Claims Court; create, HB 1722 ... ... 896, 907, 1051, 1116, 1183

Morrow High Mustangs Girls' Basketball Team; commend, SR 416 ___...__._.._____ 3360 Mortgage Foreclosures; change certain practices
and procedures, HB 1506 __..___.___.___._______._______.___.1632, 1658, 2045, 2064, 2246, 2287

Mortgage on Personalty, Foreclosure; default judgment, HB 899 ______________-.-._-.-----___-_-._____________________..._._....._________.__607, 614, 2218, 2220

Mortgages, Liens; revise Code title, SB 22 __-____--_--_____....-_________ No action in 1978 Mortgages; strike Code chapter on laundrymen's liens,

HB 785 ... ...--,,--

..........

Motion Picture Fair Competition Act; create,

725, 731, 2415, 2420

SB 377 ............. -----_....._..... .52, 78, 88, 110, HI

Motor Carrier; redefine, SB 212 ........................................ No action in 1978 Motor Carrier Tax; deducting accrued credits,

HB 579 ........._.,,-,,--,,--

-- 1369, 1374, 1565, 1671, 1787, 1806, 2213

Motor Fuel Taxes; consolidate laws relating to collecting,

HB 578

. ...

86, 109, 131, 139, 402

Motor Vehicle, Abandoned; certain notices sent for sale,

SB 436 ........ --,,- . ---- ----- ........ 75, 184, 215, 376, 387

Motor Vehicle Accident; change provisions on immediate reports, HB 1728 .--_________--..______ 1633, 1659, 1774, 2052, 2247, 2314

Motor Vehicle Accident Reparations Act; change subrogation provisions, HB 1836 ...._______ 1542, 1553, 1774, 2053, 2247, 2324, 2600

Motor Vehicle Accident Reparations Act; coverage to be excess over Workmen's Compensation, HB 1448____.--_______._..._________--_._ 1368, 1375

Motor Vehicle Accident Reparations Act; include certain motorcycles, SB 76 -----__----__----_--------___-------- No action in 1978

INDEX

3505

Motor Vehicle Accident Reparations Act; jurisdiction of courts

in certain cases, HB 1591................................. .. 899, 904, 2419, 2422, 3141, 3297

Motor Vehicle Accident Reparations Act; limitation on punitive

damages, certain cases, SB 288 ---------- .---....------ No action in 1978

Motor Vehicle Accident Reparations Act; mandatory coverages, SB 321 ___.30, 35

Motor Vehicle Accident Reparations Act; provide for correlation

of benefits, SB 96

...

No action in 1978

Motor Vehicle Accident Reparations Act; provisions for decals and

cancellation of insurance, SB 580 ....... ................... 728

Motor Vehicle Accident Reparations Act; redefine motor

vehicle, SB 327 _......._......._......._...._...._.__..........._... __..___._._.._..___.___.No action in 1978

Motor Vehicle Accident Reparations Act; subrogation,

SB 289

............

No action in 1978

Motor Vehicle and Construction Equipment Franchise Practices

Commission; change scheduled termination date,

HB 1752 ....... .................... ...................._.. 1212, 1220, 1245, 1770, 2052, 2247, 2316

Motor Vehicle Certificate of Title Act; bonds, HB 265---........... No action in 1978

Motor Vehicle Certificate of Title Act; exclude 10 year old vehicles, SB 528 ...----..----................--..----..--..,,.... 611, 991, 1055, 1127, 1137

Motor Vehicle Certificate of Title Study Committee; create, SR 324 ........................_._..__.___._---- ...,,._.............................. ...----1043, 1303
Motor Vehicle Franchise Practices Act; legislative intent relating to farm and construction equipment, SB 349 --.... --...--....--.... 30, 36
Motor Vehicle Inspection Certificate; owner have proof of liability insurance before renewal, SB 233 ........._......... ----_.... No action in 1978
Motor Vehicle Inspections; requesting Public Safety Department to conduct study, SR 395 ...----..--...............----..--. 2615, 3079, 3120

Motor Vehicle Insurance; holder of perfected security interest, certain rights in joint release or settlement, SB 636----......... 1291, 1385, 1484, 1579, 1612
Motor Vehicle License Plates; certain deaf persons qualify, HB 1232 .. .---- ........------. 724, 731, 992, 1056, 2104, 2121, 2411, 3204

Motor Vehicle License Plates; Revenue Commissioner authorized to extend five-year plates, SB 261 ................------.....---....185, 214, 376, 380, 671

Motor Vehicle License Plates; special tags issued to military reserve members, SB 604 .. ... ... _._.,,_----. 986, 1067, 1173, 1225, 1403, 1414, 2552, 2948, 3372
Motor Vehicle License Tag Fees; change for certain vehicles, HB 831 ......--.---- .....--...... ...1284, 1293, 1481, 1566, 1683, 1699, 1707, 2213

Motor Vehicle License Tags; bear insignia Peanut State, SB 67 .. No action in 1978 Motor Vehicle Operator Stopped by Police at Night; light in interior, SB 409.--. 58 Motor Vehicle Operator; suspension of driver's license for failing
to respond to citation, HB 1345 .................. ... 690, 696, 992, 1057, 1188, 1208, 1773, 2755, 2954, 3073

Motor Vehicle Operators; alcohol or drug treatment required along with certain suspensions, SB 596 .................. 900, 1390, 1482, 1579, 1603
Motor Vehicle Operators; certain prison inmates exempt from driver's license requirements, HB 1266....... .......... 691, 695, 991, 1057, 1127, 1150
Motor Vehicle Operators; change driver's license provisions relating to point count for suspension, HB 1247 ....._..,,,,--..------------------.-- .---1040, 1044, 1303, 1393, 1683, 1714

Motor Vehicle Operators; driver's license suspension, change

time limitations, provisions on habitual violators, HB 1248 .............----.--------...983, 987, 1109, 1176, 1308, 1326, 1362

Motor Vehicle Operators; exempt certain armed forces reserve members from license requirements, SB 162 --------------.--------..2015, 3370

3506

INDEX

Motor Vehicle Operators; license revocation provisions, habitual

violators, SB 392.__......__...._.__._.__.___._____._..._.__..____________.__________ 55, 668, 701, 743, 750

Motor Vehicle Operators; unlawful to wear headset or headphones,

HB 512 ...... ............................... 31, 40, 107, 131, 138

Motor Vehicle Races; regulate operation, SB 66....___..._._______________.No action in 1978

Motor Vehicle Registration and Licensing; mopeds exempt

from provisions, HB 1858._......_...............--........ 1656, 1661, 1774, 2053, 3140, 3259

Motor Vehicle Registration; provide for issuance of duplicates,

HB 204

_

30, 39, 369, 413, 621, 631

Motor Vehicle Registration; time period for nonresidents,

HB 1253 ....................................___.................... 1162, 1166, 1303, 1393, 1787, 2018

Motor Vehicle Repair Act; provide, SB 640 ............................................................1291

Motor Vehicle Safety Responsibility Act; security provisions,

HB 1818 .._.__......_......._..._......._.............. ...1634, 1660, 1774, 2053, 2447, 3141, 3335

Motor Vehicle; unlawful to operate without litter container, SB 419--............... -72

Motor Vehicle Used by State Officials; chang-e mileage allowance

rate, HB 1820 _..............._............._.........1465, 1472, 1769, 2053, 2756, 3029, 3369

Motor Vehicles, Annual Fees; buses operated for youth

organizations, HB 1849 __ ................._......._............. .......... 1635, 1661, 1774, 2053

Motor Vehicles; certain offenses tried in municipal courts, SR 266 -------29, 34

Motor Vehicles; delete provisions allowing equalization of

overweight load on all wheels, SB 411 ._..................... ................71, 107, 128, 186,

195, 725, 3371 Motor Vehicles Hauling Forest Products; exempt from
weight limitations, SB 566 ......_........................................._...................................692 Motor Vehicles, State-owned; extend liability insurance coverage
to nonprofit agencies contracting with State, SB 533 ........................__..........._.................... 612, 817, 909, 1063, 1064, 2351, 3065

Motorists, Uninsured; change coverage provisions and procedures, HB 1386 ....._'.............._...........1504, 1536, 2043, 2064, 2246, 2263, 3023

3029, 3077, 3170, 3298, 3366 Mountain View, City of; repeal Act creating-, HB 1228 ............_.. 81, 85, 184, 216, 372 Mt. Zion Annexation Study Committee; create, HR 841 .. ..................... 3077, 3359 Mt. Zion, City of; new Charter, HB 1957 ....................... 1540, 1558, 1771, 2058, 2236

Municipal Cemetery; change provisions relating to sale of lots, HB 65 ............._......_._......__.._.._.._._...._._............_..818, 911, 1403, 1423

Municipal Corporations; provide for Resource Recovery Development Authorities, HB 1811 .............. 1655, 1660, 2217, 2220, 2447, 2612

Municipal Courts; try certain offenses under Uniform Rules of the Road, SB 266 .........................

29, 34

Municipal Home Rule Act; repeal prohibition against amending charter of consolidated government locally, SB 137 ___.._..___.No action in 1978

Municipal Taxation, Limitations; change language relating to

exemption of certain salesmen and merchants, SB 274 ........... No action in 1978

Municipality; annexation of land prohibited if effect is to

surround unincorporated area, HB 1613 _______.__________.__..___.__________..___.____13'68, 1377

Murray County; maximum burial expense for paupers, HB 1263 ___.___.___..__.___.___.______..__..__.......-__--__--___..-_-_---...._...___ 81, 85, 184, 216, 373

Muscogee County Alcoholic Beverage Sale; consumption on premises, certain hours, HB 927 --.--.---...... No action in 1978

Muscogee County-Columbus City Court Judge; compensation, HB 2058 _._......................__.__..___..................._.___.___._._.2139, 2209, 2616, 2622, 3116

Muscogee County State Court; compensation of Solicitor and Assistant Solicitor, HB 1701 ._......__...._..............._.894, 905, 2416, 2426, 2698

INDEX

3507

Music Recording Industry Advisory Committee; create, SB 460 ------------. ----..----__..--123, 368, 410, 622, 671, 708, 718, 2302, 3371
Music Recording Industry Study Committee; create, SR 414 ..--..........3355, 3357

N

Name Change; provisions relating to minor child,

HB 1584 ...-.---__----....------..------....--------899, 904, 1175, 1228, 1404, 1436

Nantz, Wilson A.; compensate, HR 505 --------------.1622, 1667, 1770, 2054, 2361

Nashville, City of; new charter, HB 1689----...------.1463, 1473, 1771, 2055, 2229

National Alliance of Businessmen; endorsing jobs and

education programs, SR 117 --------------....... No action in 1978

National Guard, Georgia Air; commend, HR 617 ... ---- ----------------------727, 743

National Guard, Georgia Army; commend, SR 295 ...._............................... 621, 3370

National Guard Members; free tuition at State-supported

colleges, certain cases, SB 180 ........__..__..._....----___.._..__......__..... No action in 1978

National Guard Members; provisions for honorary driver's

license, SB 395 .... .............. ... 55, 87, 108, 131, 137, 2042, 2165, 3371

National Guard Units; authorized to operate post

exchanges, SB 476 .................................................. 181, 618, 669, 708, 719, 830, 836

Natural Gas and Oil on Outer Continental Shelf, Exploration for;

relative to, HR 838 --.................................------....... 2615, 3079, 3120

Natural Gas; relative to regulation of, HR 125 .._.._.........._...No action in 1978

Natural Resources Board; hearings on rule changes conducted

in area affected, SB 211 ..............................._.............. 29, 32, 1175, 1235, 1236

Natural Resources Department; designate golf course in Ocmulgee

State Park as Wallace Adams Golf Course,

SR 353 _.............................._..._...... 1293, 1389, 1485, 1580, 1629, 3001, 3028, 3372

Natural Resources Department; game and fish license, revocation or

nonrenewal provisions, SB 509 ............... 403, 701, 738, 831, 883, 2212, 2327, 3372

Natural Resources Law Enforcement Officers; retain service

revolver and badge after retirement, HB 362 ...._..._.................. No action in 1978

Near and Middle Eastern Commission; create to promote State

productivity in that area, SB 339 .................................................... 30, 35

Negligent Actions; define level of skill, SB 85----......................... No action in 1978

Nemeth, Hon. Kenneth J.; commend, HR 498 ........................................ 122, 131

Newborn Infants; medical screening program for prevention

of mental retardation, SB 486 .......................... 206, 668, 703, 743, 781, 1766, 3371

Newnan Board of Water, Sewerage and Light Commissioners;

limit powers, HR 576 ................_......._..............-.............805, 811, 1301, 1398, 1528

Newspaper and Magazine Editorials; relative to, SR 147 ....._......-- No action in 1978

Newton and Rockdale Counties; change county lines,

SB 344

............................... No action in 1978

Newton County Water and Sewerage Authority; administrator

as member, HB 1685 ................................................893, 904, 1300, 1396, 1493

Niekro, Phil; commend, SR 332 ....--.------------...--------..--------..----------1069

No-Fault Automobile Insurance; change subrogation provisions,

HB 1836 -.--._-------...-------------- 1542, 1553, 1774, 2053, 2247, 2324, 2600

No-Fault Automobile Insurance; correlation of benefits with

workmen's compensation, HB 1448 ..-..------.-.............-..............--...-...1368, 1375

No-Fault Automobile Insurance; jurisdiction of court in certain

cases, HB 1591 ------....-----------..----.....----. 899, 904, 2419, 2422, 3141, 3297

Nonprofit Contractors Doing Business with State; change

provisions on audits and filing of reports, HB 1953 ............ 1633, 1661, 1769,

2054, 2247, 2331, 2600

3508

INDEX

Nonprofit Cooperative Associations; perpetual duration,

HB 1687 .......................................................... 1465, 1471, 1670, 1776, 2105, 2150

Nonresidents; change time period for motor vehicle registration,

HB 1253 _....._.._....,,.......................................... 1162, 1166, 1303, 1393, 1787, 2018

Nonteaching Personnel, Allotment of Funds; Adequate

Program for Education (APEG), HB 645 _............... 31, 41, 735, 831, 918, 928

Norris, Harold; compensate, HR 517 _.......................__.._.. 1287, 1299, 1385, 1488, 1756

North Georgia College; increase amount of tuition grants to

students, HB 1665 ........................................ 1464, 1471, 2418, 2422, 3140, 3240

Northen, Former Governor William J. Northen; relative to

portrait, SR 72 ........... ______._......................._......... 1054, 1112, 1187, 1198, 3069, 3372

Notary Public; seal required for valid attestation of

deeds, HB 1739 _........

. 1464, 1472

Notifying Governor that General Assembly has convened, HR 428 ___._--___... 26, 27

Notifying House that Senate has convened, SR 223 ... _..........._.. ....._............. ... 22, 52

Notifying Senate that House has convened, HR 427 _..._-_____.....--.----------.------- 26

Nuisance Abatement Cases; jurisdiction of courts,

HB 1326

.......... ................... 1543, 1551, 2218, 2221

Nuisances; change provisions relating to houses of prostitution,

HB 367 _____...........................___._.__.__.__....._______________________..____.....-....- 897, 901

Nurse for Medical Center; Miss Jan Hudson ...... ....

-- . _ -- _ 22

Nurses Board of Examiners, Practical; temporary licenses,

HB 663 ....._.-_--... No action in 1978

Nurses, Practical; change license qualifications and

examination procedures, SB 351 ...................._..................__......_._._...__..,,.........1387

Nursing, Board; hearing required before action taken to discipline

licensee, HB 1012 ...........___....___....___-----.._ 1038, 1044, 1387, 1485, 2755, 2953

o

Oakwood, City of; maximum amount of fine may be

imposed by recorder's court, SB 641 _____ _____ ... .. 1373, 1562, 1675

Obscene Material, Distribution of; not apply certain persons, SB 229 ____________184

Occupational Therapy Board; change scheduled termination

date, HB 1572 . ___. _ . __ __________________ 1286, 1296, 1563, 1672, 3140, 3260

Ocilla; extend corporate limits, SB 540 . .... .. _ __ 613, 699, 739, 824, 1100, 3371

Ocmulgee Judicial Circuit Superior Courts; terms, HB 1337 __ ______ 362, 365

Ocmulgee State Park; golf course designated Wallace Adams

Golf Course, SR 353 ................... 1293, 1389, 1485, 1580, 1629, 3001, 3028, 3372

Offender Education; provide programs, SB 308

_ _ No action in 1978

Offender Rehabilitation Board; Corrections Board functions

and powers transferred, HB 1115 __________________ 25, 214, 371, 413, 621, 634, 806

Offender Rehabilitation Board; program for training

employees authorized to make arrests, SB 398 _____._.._. 56, 668, 702, 743, 752,

1765, 3371

Offender Rehabilitation Commissioner; formerly known as

Corrections Director relating to compensation of

State officials Act, HB 1116 _____ .... .......... 26, 214, 372, 413, 621, 638, 806, 828

Offender Rehabilitation Department; provisions relating to

distribution of moneys received as result of a crime,

HB 1279

...

.. ...................... 1285, 1293

Officials, Public; compensation while on ordered military

duty, SB 456

..

123, 1480, 1565

Officials, State; change compensation and allowances,

SB 500 -_.________-........._______._______-__.........._.-.._-----------..-.------_-.--208

INDEX

3509

Officials, State; compensation, expenses, SB 499 ....... .. 208, 817, 909, 1064, 1080,

1385, 1579, 1598, 3066, 3132, 3371 Officials, State, County, City Public; provide for

recall, HR 478 ________..._..__________.._____.._______. 1164, 1172, 1387, 1488, 1788, 2004, 2214

Ogeechee Judicial Circuit; additional judge,

HB 1570

........._ 805, 810, 1053, 1114, 1188, 1210

Oil and Natural Gas on Outer Continental Shelf,

Exploration for; relative to, HR 838 ___________________...................__ 2615, 3079, 3120

Oil and Natural Gas Revenue Sharing; relative to Outer

Continental Shelf, SR 296 ._.__._..... 665, 1053, 1187

Omni International, Ltd.; lease with State amended to

provide easement on World Congress Center site,

SR 121 .............. 668, 703, 743, 783, 2346, 3372

Opinions by Supreme Court; rendered on certain

questions of law when required by Governor or

General Assembly, HR 660 _____-._________...._____..___..__________________...._____________. 1656, 1666

Opticians Board; change membership, SB 404 ___ ___________ 57, 106, 127, 186, 192, 2169,

2285, 3371

Optometrists; use of pharmaceutical agents, SB 20 ................._. No action in 1978

Orthotists Practice Act; eliminate and add certain

definitions, HB 1026 ______...._________...._.______....__________.....___________ 25, 668, 703, 744, 790

Orthotists Practice Act; define certain terms, SB 346 ......_...________.._______.____._______736

Overby, Senator Howard; excused from voting, hospitalization ______ 109, 120, 175

Overby, Senator Howard; wish speedy recovery, SR 272 ___._. ___________ ._.__________..__ 219

Overview; Joint Committee for Review of Administrative

Rules created, SR 253 ______ ..__.___......__......._104, 700, 739, 831, 918, 978, 996, 997

Overview; Joint Committee for Review of Administrative

Rules created, SB 453 ___________________ 104, 700, 737, 830, 863, 875, 892, 919, 977

Overview, Retirement Systems Committee; create in

General Assembly, HB 1491 ____..._._____......___-_-....-________._...__________...._________.1655, 1658

P

Palmetto Councilmen; change provisions on qualifications

and office terms, HB 1881 . ___________________________ . 1856, 2036, 2616, 2620, 3114

Panama; urge U. S. Senate to reject new treaty, SR 242 ________..________._77, 619, 683

Pardons and Paroles Board; pay prisoner costs to county

if warrant issued by Board member, SB 123 _ ...............No action in 1978

Pardons and Paroles Board; prohibited from considering

certain convicted persons until mandatory sentence

served, SR 245 ________

........ 84, 1175

Parents; make wage assignments under Child Support

Recovery Act, HB 665 _____ ....................._..........._......_............_.._.......31, 41, 1388

Parker, Albert; commend, SR 343 ...... ________..__________.__________.________...________..________.______.1235

Parks and Recreation Areas; reduced admission for

senior citizens, SB 82 .........................._..........._........._._.._......_...No action in 1978

Partnerships; regulate, SB 9 ___________......_............... ......_......... No action in 1978

Patient under Criminal Charges; release from hospital,

HB 1076

. 25, 736

Paulding County Airport Construction; approval of voters

of county required, SR 302 ...... _____________ ........._......._.................... ._____665, 1053

Paulding County Board of Commissioners; compensation,

HB 2057 ____________ __________ ____________________________________ 2139, 2209, 2616, 2621, 3116

Paulding County Board of Commissioners; recall

provisions, HB 1766 .............._..........._........._...._.... ..1857, 2036, 2416, 2426, 2698

3510

INDEX

Paulding County Civil Service System; create,

HR 590

....

900, 908, 1671, 1778, 2194

Paupers; maximum amount authorized for burial, SB 379 ..............._...._._. 53, 61

Payne, Mr. James S., Jr.; compensate, HR 641 ___________ 2596--Received after

33rd legislative day

Peace Officers Employed by Private Security Agency; change

certain exemptions, HB 1780 _________ 1655, 1660, 2218, 2222, 2447, 2593, 3369

Peace Officer Trainees; reimbursement for certain costs, SB 612 .___..__..._____1102

Peace Officers' Annuity and Benefit Fund; redefine peace

officer, SB 98

...... 1736, 1739, 3370

Peace Officers, Retired; certification for private

employment, HB 1262 _____________ . _______ 1158, 1166, 1481, 1567, 2104, 2176

Peace Officers Retirement Fund; relating to

reemployment, SB 438 .,__._. ___......_______________________75

Peace Officers Standards and Training Act; clarify status

of retired peace officers, change exemption provisions,

HB 1576 ___________ ................ 1162, 1169, 1481, 1570, 1788, 2020, 2104, 2106, 2411

Peace Officers Standards and Training Act; define peace

officer and law enforcement unit, SB 398 __ 56, 668, 702, 743, 752, 1765, 3371

Peace Officers Standards and Training Council; professional

certificates, reimbursement of certain expenses,

HB 1458 ______________________________________________________ 1370, 1376, 2045, 2064, 3140, 3208

Peace Officers Working for In-House Agencies; change exemption

in Private Detective Act, SB 614 _.................__._.__.______________________________________ 1165

Peace Warrants; come under jurisdiction of State courts, SB 139 ............ 82, 3370

"Peanut State"; designating State of Georgia, SR 18 ...... No action in 1978

Peeples, Nancy B.; compensate, HR 474 ........... 1287, 1299, 1385, 1488, 1755

Pelham, City of; lease of certain real property, HR 665 ___________ 1548, 1560, 2047,

2068, 2247, 2346

Perry, City of; time due for property taxes, HB 1359 ______ 203, 211, 618, 669, 705

Perry, Robert E.; regrets at passing, SR 285 ________________________________________________________621

Person In Custody of Another; bringing into State a crime,

HB 1683 . ........... _______ ........ . 1465, 1471, 2419, 2422, 2755, 2982, 3070

Personnel Board and Merit System of Personnel Administration;

certain appeals, SB 611 ______________________________________________________________________________________1101

Pest Control Act, Structural; licenses issued pursuant valid in State, HB 997 _____________ _________ 400, 406, 1772, 2048, 2246, 2250, 2600

Pest Control Commission, Structural; change membership, SB 401 _._.._..........._.............................................. 56, 106, 127, 186, 190, 2168, 3371

Pharmacies and Pharmacists; licensing requirements, classify certain drugs, HB 1445 ...... .................. 1159, 1168, 1773, 2050, 2246, 2268

Pharmacists Dispensing Certain Drugs; certain information on label, SB 318 _______________________________________________ 29, 35, 818, 919, 957

Pharmacy Board; membership and duties, SB 405 ............_........_......._..._..._...._.. .... 57, 106, 127, 186, 193, 3078, 3133, 3372

Physical Fitness Commission, State; create, HB 1447 _____ 1463, 1469, 1773, 2050, 2246, 2269
Physical Fitness Establishments; regulations, contract provisions, SB 393 _________________________________________ 55, 667, 701, 743, 830, 831, 2204, 2283, 3371

Physician and Patient; communications privileged, HB 1246 ............... 805, 808, 1480, 1567, 1683, 1710, 1721, 1768, 1788, 2012, 2215, 2273, 2412, 2456, 3007, 3366
Physician's Assistants; exemptions from examination, number employed by hospital not limited, HB 1636 ............... 1464, 1470, 1773, 2051, 2247, 2304, 2600

INDEX

3511

Physicians Licensed in Georgia; may practice in any State-operated

hospital, SB 205 .... .............................__.._.... 990

Pickens County Commissioner; compensation, HB 1927 .--..-- .....1538, 1555, 1771,

2056, 2231

Pickens County Probate Court Judge; compensation,

HB 1929

. ............... .. " .

........ 1538. 1556, 1771, 2056, 2232

Piokens Countv Sheriff; comnensation, HB 1928 1538, 1556, 1771, 2056, 2231

Pickens County Superior Court Clerk; compensation.

HB 1926 .

..._..........._........................._ ...1538, 1555, 1771, 2056, 2231

Pickens County Tax Commissioner; compensation,

HB 1930 .... .. . . ..... ................ .......... .. 1538, 1556, 1771, 2057, 2232

Pike County Board of Commissioners Clerk; repeal Act

on salary. HB 1850 ......... ......................... 1283,1297,1771,2056,2229

Pike Countv Board of Commissioners; compensation,

HB 1995 ........ .................... .........1618. 1664, 2416, 2428. 2702

Pike Countv Coroner; compensation, HB 1895 ........ 1460, 1474, 1771, 2056, 2231

Pike County; requirements for ad valorem tax returns,

HR 550 ... . . ... ..... ....._._.._..._....................... ... 688, 698, 2417, 2433, 2745

Pike County Small Claims Court; jurisdictional limit.

HB 1847 .. .. ............... ................ .............. 1283, 1297, 1771, 2055, 2229

Pipes, Underground Gas; blasting in vicinity of; delete certain

exceptions, HR 1268 ..... ...

. 1463, 1469, 2217, 2219, 2756, 3016

Pistol. License to Carry; requirements for application,

SB 248 .-.....-. ................................._.........._._..........._._........ ...... No action in 1978

Pistol. License to Carry; two sets of fingerprints of applicant, HB 575 .............. . ......... .............. ...... 24,2045,2063,3140,3247

Planning and Development Commissions; change membership

provisions, HB 1585

.. ...... .. 1464, 1470, 1773, 2051, 2446, 2504

Planning and Development Commissions; functions and authority,

HB'l560 . ....

.................. .... 899,903,1387,1487,1683,1738

Planning and Programming Bureau; per diem for certain members,

HB 229 .. . ...................._..._.._._.._...._.......................... 30,39,2044,2446,2448

Planning Commissions, Joint; change provisions relating to

subdivision regulation, HB 1507

1466, 1470, 1772, 2051, 2446, 2471

Plant Food Act of 1970; redefine "specialty fertilizer",

HB 1150 ....._.................................. ................. 202, 210, 407, 619, 671, 708, 717

Plats; regulate preparation, contents and recording,

HB 732 ... ...... . .. ...... .

. .. 24, 2045, 2063, 2756, 3017, 3368

Platters and Buck Ram; commend, SR 398 .... ...... ....._...._......_............._._..2755

Plumbing Contractors Board of Examiners; membership,

SB 406 ............. . ... .... .

. 57, 213, 369, 412, 420, 1858, 3371

Plumbing Contractors; no city or county licensing required if

certified by State board, SB 637 ........ . ^. .... .................... ... ...1291

Podiatry; change definition, HB 1349 ... .. . .... 1285, 1294, 1387, 1486, 1683, 1731

Policemen; basic rights, SB 108 ........................................................................ 818, 909

Policemen, Firemen Killed in Line of Duty; indemnification,

HR 656

.. .. .. ... ..... ... 1631, 1666, 2045, 2063, 2447, 3140, 3228

Polk County Justice of the Peace; dollar amount of civil cases,

HR 629 ...................... ..........................................985, 989, 2044, 2070, 2368

Polling Places; define prohibited campaign practices, Municipal

Election Code, HB 1558 .. ............ ..... .... 1211, 1219, 1387, 1487, 2105, 2146

Polling Places; redefine certain prohibited practices, HB 1555 .-....--..-.....---.-----------.- 1211, 1219, 1387, 1487, 2105, 2145

Polling Places, Selection of; accessible to handicapped, HB 1289 ........................................................ 803, 809, 1174, 1226, 1787, 1807

Pooler, City of; abolish office of recorder, HB 1726 ...896, 907, 1051, 1117, 1184

3512

INDEX

Poor, Code on Commissioner of the; repeal, HB 1305 . .._._.. 689, 695, 1174, 1226

Popular Initiative; procedure for Constitutional amendments

and statutes, SR 11 ......................... ...._...._.._......._.................. No action in 1978 Popular Initiative; procedure for Constitutional amendments

and statutes, SR 238 ......................_.....77, 213, 371, 413, 621, 625. 659, 671,

708, 743, 744 Porterdale, City of; charter, HB 1686 .__.......... ........_... 894, 904, 1300, 1396, 1494 Ports Authority; compensation of members, HB 1664 ........... 983, 987, 1109, 1177,

2105, 2147, 2411 Post Mortem Examination Act; fees paid medical examiners,
HB 1625 .. -......._................ ...................._.........._..........__...._.._......... 1370, 1377, 2419

Postsecondary Educational Authorization Act; enact, HB 112 .._......._.........._.................................... ______ 408, 619, 671, 708, 714, 1545

Posttrial Procedures; dismissal of appeals, SB 444 .. .... . 83, 668, 702, 743, 756,

3067, 3371 Potate, Mrs. Reba; commend, SR 331 ____.. _______________________________________________________ 1063 Power Engineers; licensing, SB 129 ..............._...._............... No action in 1978 Practical Nurses Board of Examiners; temporary licenses,
HB 663 .___ ________________________________________________________________________________ No action in 1978 Preachers: see Chaplains. Presidential Route; portion of highway system designated,
SR 263 ................ .. _________ _. 181, 992, 1055, 1127, 1140, 3137, 3147, 3371 Prison Inmates; exempt from driver's license requirements,
certain cases, HB 1266 _________________ _________ 691, 695, 991, 1057, 1127, 1150

Prisoner of State Held in County Jail; Attorney General defend

habeas corpus proceedings, SB 502 _______________________________________.______________________.,,_ 364

Prisoner Working on Federal Lands; urge Congress to allow,

SR 274

............................ 365

Prisoners; reimbursement to county for cost of jailing

certain ones, HB 247 . ___________________________ _ 688, 694, 991, 1056, 1127, 1147

Prisoners; repeal certain provisions for transfer, SB 124 . . No action in 1978

Prisons, Public Works Camps; change provisions relating to

earned time allowances, HB 1501 ............... 691, 697, 991, 1057, 1127, 1152

Private Colleges and Universities Facilities Authority;

create to assist institutions of higher education,

HB 1333 _____________________________________________ 1162, 1167, 2418, 2421, 2756, 2996, 3071

Private Detective Act; exemption peace officers working for

in-house agency, SB 614 . ............................._._._................___._..._..................1165

Private Detective and Security Agencies; uniforms, vehicles similar to police agencies prohibited, HB 1780 __________ 1655, 1660, 2218, 2222, 2447, 2593, 3369
Private Employment Agency; duties, requirements and advertising fees, SB 546 .._........._.... ...____.__________________________________,,..-......-_- 660

Privileged Matters; discovery, change post-judgment provisions, SB 374 ... . ----------- 23, 1388, 1482, 1579, 1590, 2753, 2939, 3371
Privileged Matters; provisions for requiring testimony SB 435 ........__.-._____---__75 Probate Court Judges; bond returned to Secretary of State,
HB 1441 _._....._....._................................... ....... 804, 809, 1773, 2050, 2756, 3022 Probate Court Judges; minimum salaries, SB 354 ________________ 699, 737, 830, 840,
3227, 3252, 3371 Probate Court Judges; revise provisions relating to fees,
SB 264 _____________________________________________________________ ..... --------- 3227, 3237, 3371 Probate Courts; clerk of the judge exercise jurisdiction
in certain cases, HB 132 ___________________ 399, 406, 700, 740, 831, 918, 924, 1289

Probate Judges Council of Georgia; create, SB 263 __________ No action in 1978

Probate Judges; minimum salaries, SB 587 ......_..--.-__..__..............._-_____--_____.._______729

INDEX

3513

Probate of Wills, Notice of Motion for; provisions,

HB 574 ........._.._...___.._..............................._....__. 31, 40, 2045, 3141, 3295, 3368

Probation; change terms and conditions for theft conviction,

SB 170

....

No action in 1978

Probation for First Offenders; provide for forwarding of records,

SB 434 -...,........._..

75

Probation; payment toward cost of person's supervision,

SB 34 .....______._______.._ ....

No action in 1978

Probation Records of Discharge and Exoneration; provisions

for forwarding to certain agencies, HB 758 177. 182, 700, 740, 831, 918, 929

Probation Supervisors; limit funds payable to, SB 250 ______ No action in 1978

Product Liability; altered product defense for manufacturer

relating to privity to support action for tort, SB 511 ._. _ 403, 700, 739, 831,

887, 2142, 2161, 3371

Product Liability; burglar alarms, manufacturer indemnify

retailer for damage due to malfunction, SB 562 -- --____________--__________._...__ 663

Product Liability Cases; pretrial procedures, SB 192 _____________ No action in 1978

Product Liability; certain actions against manufacturers must be

instituted within certain time, SB 512 . _ 403, 700, 739, 831, 888, 3068, 3372

Product Liability; death from defective product cause for action

relating to homicide, SB 40 __ ________ __.____.__________.. . . 107, 126, 186, 621, 641

Product Liability Insurance; information required on surplus

line brokers' quarterly affidavits, SB 514 .... ............. 404, 734, 820, 919, 963,

3066, 3244, 3372

Product Liability Insurers; annual reports, SB 513 ...... ____ 403, 734, 819, 919,

961, 2168, 2342, 3372

Product Liability; negligence not required for recovery

for death from defective product, HB 1327 ...................... 608, 615, 2218, 2221,

2446, 2457, 2949

Product Liability; permit recovery against manufacturer

for homicide, SB 504 ______________________ ____________________________________________________ 365

Professional Sanitarians; fees for written examination,

HB 1760 ........... _________ _________________________________ 1288, 1296, 1773, 2052

Professional School Business Officials; separate classification,

HB 341 .......................................... ....................._._......_.........._....._-........_..._..-735

Properties Commission; boundary line settlement agreement,

Dillard, SR 138 ... ____________ ................................................_....__.............._......._..668

Properties Commission; boundary line settlement for Farmers Market in Dillard, SR 237 _ . ______ _ ...76, 668, 703, 743, 785, 2409, 3371

Properties Commission; compensation of citizen members, HB 1450 ______________ ___________ .____.___.....--__._ 690, 697, 1174, 1227, 3141, 3330

Properties Commission; conveyance of State-owned property to Chattanooga Housing Authority, SR 329 ________ 1044, 1175, 1226, 1403, 1422, 2346, 3372
Properties Commission; conveyance of State-owned property to Chattanooga Housing Authority, SR 335 ___.. _____________ 1165, 1389, 1484, 1579, 1624, 2346, 3372
Properties Commission; grant easement to MART A, Hotel Property in Atlanta, SR 316 _ _____ 808, 1053, 1113, 1187, 1203, 1766, 3371

Properties Commission; negotiate to sell surplus State-owned property in Chattanooga, SR 219 ........... ................._......._........_..._.__......___.23, 668

Properties Commission; reduce number of votes required for contract approval, HR 237 _____ ________ ____ 688, 697, 1052, 1114, 1308, 1338

Property, Deeds to Secure Debt; limitations, HB 1770 _________________________ 1212, 1220

Property, Deeds to Secure Debt; limitations, HB 1989 _____.......__________..___ 1619, 1663

3514

INDEX

Property Insurance; define certain discrimination as unfair trade

practice, SB 467 ...._.... ...... ..... 179, 667, 702, 743, 761, 3066, 3130, 3371

Property Line Monuments; penalties for destruction or

displacements, HB 731 .......... _____ _____________ __________ 24, 2045, 2063, 2755, 2941

Property of Historical Value; ad valorem tax exemption,

SR 76 ........._..........._.........._.._.........__......................._._....._..........._.. 183, 216, 376, 394

Property, Personal; new Code Chapter relating to Foreclosure

of Liens, HB 876 .._......................................_......._......._.... 1370, 1374, 2415, 2420

Property, Possession as Notice of Title; presumed to be

possession of both husband and wife, SB 481 ...... 205, 1302, 1391, 1504, 1509

Property; provide for exemption from levy sale or foreclosure

under process, SB 333 ..............._...._............_................._........_. No action in 1978

Property, Real; General Assembly authority to tax according

to use, SR 66 ....

No action in 1978

Property; redefine fair market value for taxation purposes,

SB 350 ...... 183, 214, 376, 380, 1764, 2008, 2041, 2132, 2205, 3076, 3180, 3371 Property Sold at Public Sales; provisions for recording
of deed, HB 1738 ..................................._...._......................._.._..... 1464, 1471, 2419 Property, Subdivisions; modification of covenants and
restrictions in deeds, SB 291 ........._........ ......_...__................... No action in 1978 Property Taken for Public Transportation Purposes; payment
delayed, SR 333 ............................ 1102, 1303, 1392, 1505, 1524, 2212, 3371

Property, Tangible, Other Than Motor Vehicle; ad valorem tax in installments, HB 1072 ....._..............._.._........._.__......._.._._.._. No action in 1978
Property Tax; exempt nonprofit corporation encouraging cooperation of parents and teachers, HR 482 ................1287, 1298, 2415, 2423, 2756, 2987, 3071

Property Tax, Intangible; payment of less than $5 exempt,

HR 30 _.....___________.-.......___.__--..._.._.___.---_.. 1656, 1665, 2043, 2067, 3140, 3224

Property; tax liens, provisions on transferred property,

HB 1593

..

............................ 1543, 1551, 2043, 2064, 2247, 2303

Property Tax on Commercial Property; provide for sharing between local jurisdictions, SR 357 _................._._....._................_..........._.._.._................_..1374

Property Transfer; Bainbridge, conveyance of interest in certain real property, HR 518 .......... _________ 691, 698, 1053, 1115, 1404, 1445
Property Transfer; Baldwin County, SR 255 ______________________ 105, 368, 410, 622, 671, 683, 830, 837
Property Transfer; Barrow County, easement for Petroleum Products Pipeline, HR 741 _ __ 1631, 1666, 2217, 2220, 2447, 2756, 2998, 3369
Property Transfer; Bartow County, easement of air rights, HR 514 _........................._.._..............._............... 985, 988, 1389, 1488, 2105, 2160
Property Transfer, Boys Estate, Inc.; conveyance of interest in certain real property, HR 527 ............. 1041, 1049, 1389, 1489, 2105, 2163

Property Transfer; Chatham County, easement to GAF Corporation through Savannah River, SR 259 ..... 124, 368, 410, 622, 671, 685, 1041, 3372

Property Transfer; City of Pelham, HR 665 .. 1548, 1560, 2047, 2068, 2247, 2346

Property Transfer; City of Ringgold, HR 647 1548, 1560, 2047, 2067, 2756, 3041

Property Transfer; Cobb County, extend lease, HR^ 580 ............................................................... 985, 988, 1389, 1489, 1684, 1750

Property Transfer; conveyance of property from Emanuel County to Swainsboro, SR 125 ____________ ___________ 668, 703, 743, 784, 3069, 3372

Property Transfer; conveyance to Chattanooga Housing Authority, SR 329 _ ...!...................... 1044, 1175, 1226, 1403, 1422, 2346, 3372

Property Transfer; conveyance to Chattanooga Housing Authority, SR 335 _________________.._....____1165, 1389, 1484, 1579, 1624, 2346, 3372

INDEX

3515

Property Transfer; disposal of tract in Catoosa County authorized, HR 542 .... _____ ........_......._..... 1547, 1560, 2047, 2067, 3141, 3337

Property Transfer; disposal of tract in Whitfield County authorized, HR 464 . .............. ..__._...._..._........ 691, 698, 1053, 1115, 1404, 1439

Property Transfer; easement in Chatham County to Southern

Natural Gas Company, SR 118 ............_...._..__..._.........._._.._..No action in 1978 Property Transfer; easement on certain property to St. Marys,
HR 611 ..... ........_.._...._.............__.................... 985, 988, 1389, 1489, 2105, 2170

Property Transfer; Glynn County, conveyance of certain

State-owned property to Brunswick, HR 663 ... ........... 1547, 1560, 2047, 2067,

2756, 3046 Property Transfer; Hinesville, conveyance of certain
real property, HR 544 .. .. _______ ............ 1041, 1049, 1565, 1674, 2105, 2164 Property Transfer; Properties Commission authorized to

negotiate to sell certain property in Chattanooga, SR 219 ...----..______ 23, 668 Property Transfer; Pulaski County, HR 613 ..... 985, 989, 1565, 1674, 1788, 2010 Property Transfer; Savannah Beach, easement across Savannah

River for construction of tee dock, SR 328 .. .. 1044, 1303, 1392, 1504, 1521

Property Transfer; Turner County to Grady and Cortez Sconyers, HR 272 ..... .__'___________. __________ 31, 42, 1053, 1127, 1153, 1767
Property Transfer; Walker County, conveyance of certain State-owned property to ROL, Inc., HR 713 ................... ___ 1548, 1560, 2047,

2068, 2756, 3055

Property Transfer; Wayne County, HR 552

1041, 1050, 1389, 1489, 2105, 2166

Prosecuting Attorneys' Council; approve credit or reimbursement

for certain training courses or continuing education,

SB 515 _ .............. '.. . .... . 404, 991, 1055, 1236, 1307, 1312, 3067, 3371

Prosecuting Attorneys' Retirement System; create,

SB 140 __ _ _ _ -

736, 819, 918, 939, 2410, 2572, 3054, 3063, 3120, 3202,

3266, 3347, 3349, 3361, 3365, 3367, 3372

Prosecution, Criminal Cases; not barred where former

court lacked jurisdiction, SB 146 ...... ._ _________________ No action in 1978

Prostitution, Houses of; public nuisances, HB 367 _______________________________ 897, 901

Psychologist, Applied; conditions for license renewal,

HB 1461

.. ... _ ....... _ _ -_ 1285, 1295, 1773, 2050, 3140, 3239

Psychologists, Licensed; included in certain health and accident

insurance policies, SB 253

._ _. _ ......... _ .....--......... No action in 1978

Public and Legal Holidays; change, HB 1325 __ _ ................. .......... _____ 689, 695

Public Assistance Act; offense of fraud in obtaining

public assistance, SB 403

. __ 57, 213, 369, 412, 420, 1767, 1845, 3371

Public Assistance; penalties for fraudulent food stamp offenses,

SB 410 _____ _ . ________ _______________ ______

58, 818, 909, 997, 1024, 2597, 3371

Public Authorities Study Committee; create, SR 79 .... ....... No action in 1978 Public Buildings; accessible to handicapped, HB 90 . __________________________._______.-_24

Public Documents; change provisions relating to crime of

stealing or altering, SB 149 .

........ .......... ____________ No action in 1978

Public Documents Issued by Executive Departments; send

annual list to State Librarian, HB 1411

1368, 1375, 1772, 2049, 2246, 2266

Public Education Grant Law; provide, SB 635 ___ 1290, 1385, 1484, 1579, 1641

Public Employees; compensation while on ordered military duty,

SB 456 .................... ____________________ ________________ ........................ 123, 1480, 1565

Public Officials, Elected; ineligible to serve on election boards, HB 1419 ..................................................... ....... 658, 665, 1387, 1486, 1788, 1814

Public Records; provide for photographing, SB 39 _________________________________________ 107

Public Revenue Code; new Code Chapter 92, HB 3 ____________________ 201, 209, 1478, 1566, 1682, 1684

3516

INDEX

Public Safety Department; additional powers for G.B.I. Agents,

SB 368 ...........................

No action in 1978

Public Safety, Department; copy of abstract of driver's

license record to insurance company, HB 649 _______._______._.. 927, 978, 1303, 1392,

1683, 1688, 2041

Public Safety Department; duties in driver's license

suspension, SB 190 ......... ...................... ..............._...........__.... No action in 1978

Public Safety Department; officers assist local authorities,

SB 210

...._..__.._______._.....___. 1388, 1482, 1579, 1582

Public Safety Department; officers assist local authorities upon

request, SB 503 ......................_.. ________ 364, 668, 703, 743, 782, 2016, 2080, 2614

Public Safety Department Publications; include information

on littering, SR 284 ................ ... ........................... 613, 701, 740, 831, 918, 923

Public Safety Department; requested to conduct study on

motor vehicle inspections, SR 395

............ 2615, 3079, 3120

Public School Building Specifications; urging review,

HR 563 __._._____.____.___._....__.___.___._.._____________._.____._________.__.__.____.._.610, 616, 1107, 1235

Public School Employees Retirement System; local units

may elect coverage, HB 1430 ___..__.__...._.____.__.__.._._..__._____._._.________.__.___.___.1465, 1469

Public School Health Insurance; include librarians,

HB 1233 ............._........ ................................... 1633, 1658, 2044, 2061, 2246, 2253

Public Schools; provisions for sick leave for teachers,

SB 553 ....... 662, 735, 821, 996, 1012, 1766, 3371

Public Service Commission; change provisions relating

to meter readings and rates on utility bills, SB 459 ._..._............_.__._,,.,,...... 123

Public Service Commission; civil penalties for violations,

utilities make refunds for rates adjudged excessive, SB 527 .._.__..... 611, 1175

Public Service Commission; contested regulatory proceedings,

communication and information, Consumers' Utility Counsel

included, SB 558

......

..... _._.....,,.......663

Public Service Commission; election of members, change

provisions, SR 280 .._.._........_.._...__._...._...._.._..___.._...........__.____.............._.___.............405

Public Service Commission; electric utility companies level

fuel adjustment charges, certain cases, SB 238 ....._...__........ 29, 33, 1175, 1236,

1239, 3329, 3334

Public Service Commission; enforce safety rules for railroad

employees, SB 54 ....................... No action in 1978

Public Service Commission; membership and election,

SR 85 ..........

.No action in 1978

Public Service Commission; procedure for granting utility rate increase due to increased costs, SB 525 ...._._._____......____._________.......____________610

Public Service Commission; prohibit granting emergency rate increase, SB 237 ...... ............... .... ............ No action in 1978

Public Service Commission; prohibit political advertising and charitable contributions as advertising expense of utility company, SB 239 .................. ................ 29, 33, 1175, 1236, 1245, 1252

Public Service Commission; regulate cable television

operations, SB 391

. ......................................................................

.55

Public Service Commission; regulate electric membership corporations, SB 240 .......... No action in 1978

Public Service Commission; regulate rates charged by power

companies for steam which is by-product of electricity

production, SB 532 ...........

...................... 612

Public Service Commission; regulated sales and charges by utilities exempt from sales tax, SR 288 ....... -....._,,.........._....... 614

INDEX

3517

Public Service Commission; transcript of oral proceeding,

provisions for in contested cases, SB 335 ... ....................... No action in 1978

Public Service Commission; use certain accounting principles

for rate-making, SB 432

...

............._......__..__. 74

Public Service Commission; utility companies, prior approval

required before fuel adjustment increases allowed, SR 287 __..._--.__..____________614

Public Service Commission; utility rate increase requests,

certain construction costs prohibited in computations,

SR 286

.. ._............_.

....

... .......

.613

Public Transportation System; not exempt motor fuel tax, HB 1070 ______________ 25

Public Utilities; all returns made available for public

inspection, HB 548 ....... ..... ...... . 201,209,989,1056,1127,1148

Public Utility Company Property; relating to criminal

damage, HB 1259 ........ .. ... . ..... ....... 897, 901, 1565, 1671, 2104, 2124

Pulaski County; property transfer, HR 613 . 985, 989, 1565, 1674, 1788, 2010

Pulaski County Sheriff; compensation of deputies, HB 1467 ... .... 609, 617, 699,

741, 826

Pulmonary Disease of Firemen; presumed to have occurred on

duty, SB 538 ....

613, 1052, 1110, 1308, 1313, 1362, 1404, 1457, 1504, 1505

Pulpwood Sold By Weight; standard cord-equivalent weights,

SB 324 ..............

....

No action in 1978

Purcell, Colonel Benjamin H.; commend, SR 363 ................. ......_...._.........._._____.1503

Purcell, Colonel Benjamin H.; remarks ................... _______.................. 1503

Purchasing, State; change certain provisions, HB 1882 ... ......... 1465, 1473, 1563,

1674, 2105, 2154

Putnam County Board of Commissioners; compensation,

SB 461

...

...

178, 989, 1058, 1118, 1315, 3371

Putnam County Commissioners; compensation, SB 184 .......... tio action in 1978

Putnam County Sheriff; compensation, SB 462 ....-.-........-.-..-.._.............__....._.......178

R
Rabies Inoculation; Human Resources Department distribute forms and tags at cost, SB 173 ..._............... ........................-..._..........-.. 668
Rabun County Board of Education; election, SB 550 ....... ........ 661, 734, 823, 913, 1161, 3371
Rabun County School Superintendent; appointment, SB 549 .... ............. ........... ................._... ......... 661, 734, 823, 913, 1161, 3371
Race, Registration of Persons by Health Department; repeal Code section, HB 1412 ...... ............................................. 363, 366, 1481, 1568
Races, Motor Vehicles; regulate operation, SB 66 ........ --No action in 1978 Radar Speed Detection Devices; change provisions relating
to visibility, SB 415 .... . . ......... 71, 369, 409, 621, 650, 671, 674, 2016, 3371 Radar Speed Detection Devices; provisions for inadmissibility
into evidence, SB 414 ...........................71, 369, 409, 621, 649, 2598, 2791, 3371 Radar Speed Detection Devices; requirements for use by
local law enforcement officers, SB 413 .......... ........ 71, 185, 214, 376, 384, 399, 413, 621, 640, 701, 743, 754, 778, 1765, 3371
Railroad Safety Inspection Program; urge adoption, SR 410 .. .........................3119 Railroads, Common Carriers; repeal provisions relating to
segregation of the races, HB 1413 . ........... ..................... 363, 366, 1481, 1569 Railroads, Rolling Stock; remove marking and recording
requirements on sales contracts, HB 223 . . . . ...... .._.__._..... 30, 39 Rains, John, E. R. Weldon, and John Humphries of Southern
Bell; appreciation, HR 450 .._.__.......___.........._.___........._.___.........__...........__.........52, 61

3518

INDEX

Ram, Buck and the Platters; commend, SR 398 _.....____....................._......._...2755

Randolph County Board of Commissioners; compensation,

SB 388

....................... 54, 86, 108, 129, 401

Randolph County Deputy Sheriff; compensation, SB 390 _.____. 55, 86, 108, 130, 401

Randolph County Sheriff and Deputy; auto and travel

expenses, SB 389 .__..__.___.__.._______._,,_..____,,_.___._.___.__._.._____._...__. 54, 86, 108, 129, 401

Rape Conviction; unsupported testimony of female, SB 235 ........... .363, 398

Rapid Transit Authority, MARTA; easement on State-owned

hotel property in Atlanta, SR 316 ....... 808, 1053, 1113, 1187, 1203, 1766, 3371

Rapid Transit (MARTA) ; selection of board members,

SB 304 .........-...-........_...._............... No action in 1978

Real Estate Brokers and Commission Employees; licensing

provisions, SB 437 _...._..._..75, 368, 409, 621, 671, 676, 1764, 1815, 2016, 2211

Real Estate Brokers; included in certain provisions of

occupational taxes, SB 2 _........._..,,._........,.... No action in 1978

Real Estate Commission; additional member, SB 407 ............57, 106, 127, 186, 194,

2168, 2317, 3371

Real Estate Commission; inactive status of license,

HB 1321 ___.___._._____._____._._________.__.___.....______.____....400, 407, 1479, 1567, 2105, 2126

Real Estate; deed to secure debt, limit the effect of and time

for enforcing, HB 1770 .___..................-.-......-................._....._......_......._ ....1212, 1220

Real Estate; deed to secure debt, limitations, HB 1989 ._......_............_..1619, 1663

Real Estate License Revocation; post bond for stay of order,

SB 276 ............................... No action in 1978

Realty Ownership by Nonresident Alien; restrictions, SB 573 ....._.____...._...._......693

Reapportionment; House of Representatives districts 73 and 78,

HB 1575 _.__._.................._........._._............._......,, 1464, 1478, 2418, 2421, 2755, 2980

Recall of Elected Officials; provisions for county education

board members, HR 522 ........._._._......._..._......._..__........_._.......805, 811, 1174, 1228

Recall of Elected State Officials; procedure, SR 23 _............... No action in 1978

Recorded Material, Unauthorized Reproduction; penalty for

violation, SB 259

...

2015, 3371

Recording Instruments Affecting Land Title; filing and

recording, HB 524 ............... No action in 1978

Recording, Monitoring Telephone Conversations; consent of

parties required, SB 454 ....._........_._..........._..,,........_........._......._.__._.......,,_.._...... 104

Recording of Deeds; certain requirements, SB 219 .. ...................................-Z9, 33

Records Act; amend relating to retention schedules from

State agencies, local governments and courts, HB 1638 ............._...1655, 1659,

2046, 2065, 2447

Recreational Vehicle, Marine Equipment Franchise

Practices Act; enact, HB 240 ___._....________...._..______......___.__..___._._._...._..30, 39, 1052

Redevelopment Programs; cities and counties authorized

to establish, HR 162 ...._._.......,,....._.......... 178, 182, 1051, 1114, 1308, 1347, 1363,

1404, 1451, 1548

Reed, Jerry; commend, SR 386 ......_.._..........................._-.._.........._..-._.......-_.._._......-.2445

Refunds of Merchandise, Tickets; unlawful to give

fictitious address, SB 442 ........_._.._... 82, 368, 409, 621, 671, 677, 2041, 3371

Regents Board; authorized to grant certain scholarships,

SB 384 .._.._.... ..______.__._....._..______.-_--_-.....-. 54, 408, 619, 671, 708, 721, 2204, 3371

Regents Board; exempt from certain provisions of Executive

Reorganization Act, HB 246 ..........

818, 911, 1403, 1424

Registrar and Deputy Qualifications; clarify certain ineligibility for election boards, HB 1417 ............__.......... 1633, 1658, 2045, 2061, 2755, 2942, 3054, 3064, 3257, 3261, 3305, 3366

Reidsville, City of; new charter, HB 1620 ...._..._............._..799, 812, 990, 1058, 1121

INDEX

3519

Religious Institutions, Sales by; exempt from sales tax,

HB 536 ....... 31, 40, 361, 408, 622, 671, 708, 764, 798, 831, 918, 935, 1478, 1580, 1635, 3075, 3143
Remerton Mayor and Councilmen; change residency provisions, HB 1471 --_.__.....-____......_.___________..._._____.__._.__.....___________.___..__. 609, 617, 699, 741, 827
Rent; included as provision in bad checks Code Section, HB 1837 ......_.._..... .._--_--_-.-__--_---.____...-______.....-.._.___.___________...___.________.._._____.1542, 1553
Rentz, City of; new Charter, HB 1854 .. ......... 1283, 1297, 1480, 1571, 1680 Reorganization Act of 1972; amend to remove Vocational
Rehabilitation Director from Merit System, HB 1242 ........1158, 1166, 1387, 1485, 1683, 1709
Reorganization Act of 1972; assign Herty Foundation to Forestry Commission, SB 599 . .. ... 901, 1053, 1112, 1187, 1197, 2168, 3371
Reorganization Act of 1972; Board of Regents exempt
from certain provisions, HB 246 ....... ,_......._. .__.._..... 818, 911, 1403, 1424
Reorganization Act of 1972; functions of Forest Research
Council transferred to Forestry Commission, SB 603 ........... 986, 1175, 1225,

1308, 1319, 2036, 2102, 3372 Repair of Motor Vehicles; regulate business, SB 640 ......................_.__......_._.___.1291 Repair of Property; urge enforcement of law against deceptive
practices, HR 701 .................._._.........._......._._...................... 1216, 1223, 1479, 1571

Repossessed Vehicles; procedure for taking certain property from,

HB 1322 ...........

..177, 182

Residential Finance Agency; change percentage of units outside

Standard Metropolitan Statistical Areas, HB 1840 .. .... 1542, 1553, 2043,

2066, 2447, 3140, 3242 Residential Finance Authority Act; change composition,
HB 1874 .._.........._..... ....... .. 1541, 1553, 2043, 2067, 2756, 3033, 3202, 3210 Resource Recovery Development Authorities; create to utilize

resources contained in solid waste, HB 1811 ............1655, 1660, 2217, 2220, 2447, 2612
Retail Installment and Home Solicitation Sales Act; Redefine retail seller, HB 1351 .. ......... ......... .......... 804, 809, 1173, 1227, 1403, 1430

Retired Peace Officers; certification for private employment,

HB 1262

.

.

1158, 1166, 1481, 1567, 2104, 2176

Retired Teachers; health insurance coverage. HB 1493 .... 726, 732, 1108, 1177,

1236, 1308, 1335, 1468, 1591, 1632, 1700, 1846, 2041

Retirement, Employees'; creditable service as member certain regulatory agency, SB 473 ..._.._...............-_..._...._--_..._..-...-_.._.-..-.-._.._...--__......180

Retirement Fund, District Attorney Emeritus; survivor's

benefits, HB 304 399, 406, 2047, 2060, 2446, 2449, 2500, 2755, 2764, 3139, 3338

Retirement Fund, Sheriffs'; death benefits of active member,

HB 330

..............-- 803, 808, 2047, 2060, 2246, 2248

Retirement Fund, Sheriffs'; increase certain members' benefits, HB 1470 ............__.......__......._._.......1286, 1295, 2047, 2061, 2246, 2275
Retirement Fund, Superior Court Clerks'; change benefit provisions, HB 1343 .............. .._..._...._........._. 898, 902, 1390, 1486, 1683, 1729

Retirement, Mandatory Due to Age; prohibited for State employees, HR 39 ........._..........__..............._.............._...._.._._.965, 978, 2418, 2433
Retirement, Peace Officers; relating to reemployment, SB 438 _______..______.__.._______.75 Retirement, Superior Court Judges'; repeal mandatory
retirement at age 70, HB 397 ___._____._..______...________..._______...._._.___......______.1543, 1550

Retirement System Board; urged to file notice of withdrawal from Social Security System for State employees, SR 415 .---__......---...--.3359

Retirement System, Employees'; certain age may reject membership, SB 24 _..__..........--.___....__. ....... ...... No action in 1978

3520

INDEX

Retirement System, Employees'; certain contributions kept in separate record, SB 136 ...... ._......__..__._ No action in 1978

Retirement System, Employees'; change provisions on

creditable service, military and legislative, SB 487 ___________________________.___________.206

Retirement System, Employees'; credit for armed forces service,

SB 105

............... .-.,,.-.-...__..._......_._._____.__.. ...________.736

Retirement System, Employees'; credit for independent

county service, SB 30 . _...........__.._. No action in 1978

Retirement Svstem, Employees'; credit for out-of-state

service, HB 1518 ._.__._______________._._._._____.___.___.___. 1286, 1295, 2047, 2062, 2246, 2348

Retirement System, Employees'; credit for service in

armed forces, SB 70 ......._...__._

.No action in 1978

Retirement System, Employees'; employees of World Congress

Center eligible, SB 230 ..................... 29, 33, 618

Retirement System, Employees'; full benefits after thirty

years' service any age, HB 1230 ...... 1543, 1551, 2047, 2061, 2246, 2252, 2300

Retirement System, Employees'; mandatory retirement age

waived certain Public Safety employees, HB 1329 ................1368, 1375, 2219,

2756, 2992

Retirement System, EniDloyees'; requirements and benefits

certain personnel, HB 1367 .......... .............. 898, 903, 1390, 1486, 1788, 1810

Retirement System, Employees'; vested rights, SB 74 ............No action in 1978

Retirement System. Employees'; years of service required

to qualify, SB 78

.....

No action in 1978

Retirement System Overview Committee; create in General

Assembly, HB 1491 ........._........_._._.._...._......._._................_...._.__._.__._.__._......1655, 1658

Retirement System, Prosecuting Attorneys'; create,

SB 140 ................__......._......._. 736, 819, 918, 939, 2410, 2572, 3054, 3063, 3120,

3202, 3266, 3347, 3349, 3361, 3365, 3367, 3372

Retirement System, Public School Employees; local units may

elect coverage, HB 1430 .......... .................................__.._.........................1465, 1469

Retirement System, Teachers'; additional persons to establish

certain credit, SB 455 ....... ...... 123, 991, 1054, 1403, 1404, 2168, 3371 Retirement System, Teachers'; additional provisions on
death benefits, HB 1331 ............................. 803, 809, 1389, 1486, 2105, 2129
Retirement System, Teachers'; certain optional programs, SB 143 .._.._.... .... 618 Retirement System, Teachers'; change benefits, SB 28 ................736, 819. 918, 935,
982, 2015, 3370 Retirement System, Teachers'; change military service credit
provisions, SB 488 .._.._................_.._..._...__..__..__._____.....____.__._.___.......__......................206
Retirement System, Teachers'; change minimum retirement benefit provisions, SB 493 .............................._.._._._. 207, 1390, 1482, 1579, 1598
Retirement System, Teachers'; change provisions relating to local system options, SB 154 ............................................No action in 1978

Retirement System, Teachers'; change retirement

allowance provisions, SB 496

.... ._.._._.._.._...._.._......._...__......_._._._.___..._.207

Retirement System, Teachers'; create committee to study

and investigate, SR 268 _______.___________._______.._________________......_._...____..208, 1390, 3351

Retirement System, Teachers'; credit for accumulated sick and

professional leave, HB 22

..................___.___.___.__..618

Retirement System, Teachers'; credit for certain service in

armed forces, HB 1487 ..............................._...._._._.._.._.. 1368, 1376, 2047, 2062

Retirement System, Teachers'; credit for teaching service in

other system, SB 494 ..........................

......_..._._._______.....__..207

Retirement System, Teachers'; creditable service certain members for duty in armed forces, HB 1459 ............1370, 1376, 2047, 2061, 2446, 2466

I N ft fe X

3521

Retirement System, Teachers'; death benefits, HB 214 ............No action in 1978

Retirement System, Teachers'; minimum allowance, those retired under a local system, HB 1252 .......... 803, 808, 1389, 1486, 1683, 1717

Retirement System, Teachers'; minimum benefits certain members, SB 77 -...__--.....__..-.__..----_..-..-__,,..--_--.--.,,,,...___.N<y action in 1978

Retirement System, Teachers'; prior service credit certain noneducational service, SB 491 .._....__.........._......_._.....__.....__..._........__...._._.._207

Retirement System, Teachers'; provisions relating to rates of

interest, HB 1330

...

.

.. 803, 809, 1389, 1486, 2105, 2127

Retirement System, Teachers'; retirement allowances, HB 308 -_--...--1315, 1334

Retirement System, Teachers'; service necessary for

retirement, SB 94 ....._....-..-..._--...,,....--....... ....___.......___..._.,, No action in 1978

Retirement System, Teachers'; transfer of teachers from certain local systems, SB 492 ........ ...._,,_... -...,,.... ......... .___.- .._____.____.__._.___.207
Retirement System, Teachers'; vesting of disability retirement benefits, SB 144 ...................._.____..,,______.._..__._ ....._.___.618

Retirement Systems; revise Article X of State Constitution, SR 217 _._..____--_..-_..._--_.58, 736, 821, 919, 996, 1000, 1859, 2113, 3076, 3372
Retirement, Teachers'; prior service credit for certain services, SB 472 ...... ........_.....---.----------.---------,,-------------_..----._---..-..ISO

Revenue Bond Law; change provisions relating to costs and validation, SB 622 .._......_..........--. 1217, 1385, 1483, 1579, 1606, 2552, 3371
Revenue Code, Public; new Code Chapter, HB 3 __. 201, 209, 1478, 1566, 1682, 1684 Revenue Commissioner; authority to renew or reissue revoked
license to alcoholic beverage distributor or retailer, SB 535 ----.-----------------------612, 1050, 1110, 1236, 1307, 1312 Revenue Commissioner; issue refunds for stamps on alcoholic beverages, HB 1046 .-- _.--------- 202, 210, 667, 704, 744, 791, 1042,
1082, 1372, 1509, 2121, 2142, 2308, 2412 Revenue Commissioner; regulate nonprofit bingo games,
HB 1267 ------.----------------------------1164, 1167, 1481, 1567, 2104, 2112 Revenue Commissioner; regulation of advertising of alcoholic
beverages, powers and duties, SB 537 --------------------------------.612, 1050

Revenue Commissioner; report to county tax assessors ad valorem taxes returned by utilities and franchises, HB 549 ------------201, 209, 989, 1056, 1127, 1149
Revenue Department Alcohol and Tobacco Tax Division under Merit System; minimum pay grades, SB 597 .----------.--------_----------.900

Revenue Department Law Enforcement Officers; assist local authorities in criminal cases, HB 1708 ------------1369, 1378, 2044, 2066, 2247, 2349, 2356, 2413, 3023, 3345
Revenue Raising Legislation; two-thirds vote of General Assembly required for passage, SR 95 ....._......361, 367, 410, 622, 671, 679, 687, 708, 722
Revenue; time period to file for county or city tax refund, HB 1265 .--.-_-.----------------------------897, 902, 1300, 1393, 1683, 1719

Review and Termination of State Regulatory Agencies; provisions, SB 3 .-..---..,,--------_--------------------------_ No action in 1978

Rewards for Arrest of Felons; increase amounts, SB 526 --.---..----------------------611, 1053, 1110, 1187, 1189, 2409, 3372

Richard B. Russell Dam; supporting construction of, HR 310 --.........--.--.....31, 42

Richmond County; acquire incinerators, garbage, refuse facilities, HR 543 ---..----.__----.--------------------659, 667, 2044, 2070, 2366

Richmond County-Augusta Coliseum Authority; property purchased tax exempt, HB 1055 ----------------___--_----._----..----______.2711

3522

INDEX

Richmond County; change number of deputy sheriffs,

HB 1457 --..-,,-.__.--.-....._........_._.. 609, 617, 908, 992, 1061

Richmond County; change salary of certain elected officials,

HB 1907 ...... 1367, 1382, 1670, 1776, 2077, 2410, 2457, 2598, 2604, 2951, 3076

Richmond County Civil Court; change title of Sheriff to

Marshal, HB 1910 ....-__........_..________...1367, 1382, 1670, 1776, 2072

Richmond County; developing recommendations for merger

of specified service, HR 652 .... ............ ... ______ 1215, 1222, 2044, 2070, 2244

Richmond County; General Assembly provide requirements on

financing of services, HR 730 .__.______.......__.____......_ 2597, 2605, 2617, 2623

Richmond County Tax Collector; repeal Act relating to collection

of school tax, HB 1163 ..._..._._.__.........._.

........ No action in 1978

Richmond County Taxes for School Purposes; fees for

collections, HB 1978 .....__________.....____............___.....1541, 1559, 2043, 2068, 2242, 3074

Ride-Sharing Projects; Transportation Department assist

businesses, HB 1421

.... _ 204, 212, 369, 411, 622, 671, 708, 710

Rifle, Shotgun in Vehicle; declared contraband if used in

violation of hunting laws, HB 1532 _______......__..________.. 1635, 1659, 2046, 2062

Right to Die; new Code chapter relating to extraordinary life-sustaining measures, HB 1258 _______...........________.......______.... 1139, 1166, 1480
Riley, Senator John; preside over Rules Committee meeting ......._._______...._...... 2211 Rincon, City of; reincorporate, HB 1622 __________....... 799, 812, 1107, 1179, 1231 Ringgold, City of; property transfer, HR 647 ............................. 1548, 1560, 2047,

2067, 2756, 3041 River Protection Act, Metropolitan; redefine certain
terms, SB 644 ._______.____._....-.........-_____________________...............-___.................____.._.._._...1549
Rivers; certain sections designated part of Georgia Scenic River System, SB 605 .__.........__ ________ 986, 1175, 1226, 1308, 1320, 2754, 3372

Road, Public; procedure for abandonment by county, SB 598 .__._._.................900 Roadways, Public; grates installed accommodate bicycles,
HB 1235 __..............______________________.____._._... 726, 731, 1109, 1176, 1308, 1322, 1546 Robbery, Crime of; provide penalty, SR 294 ..._____________.............._.________............... 664 Robinson, Grady M.; regrets at passing, SR 419 _-.--.._.--___-_______.........--.3360
Rockdale and Newton Counties; change county lines, SB 344 ..._..__.___._...___.-.._.........._....__._.._.. ...... _____ No action in 1978
Rockdale County and Cities Within; recall of elected officials, HR 673 .._._______________.__.__._..._..__......_..._.......________ 1371, 1384, 2216, 2227, 2526, 3069
Rockdale County Board of Commissioners; audits, HB 1886 ____________...._._..__...----.--..-._______-______._____.... 1366, 1381, 2216, 2224, 2435
Rockdale County; fees to tax collector for collection of education taxes, HB 1884 ....________________________..__. .... 1366, 1381, 2216, 2224, 2435

Rockdale County Magistrate's Court; create, HB 1980 _ ____ 1541, 1559, 2216, 2225, 2684, 2946, 2975
Rockdale County State Court; create, HB 1885 ...___________ 1366, 1381, 2216, 2224 Rockmart, City of; change election provisions, SB 643 ___________ 1549, 1670, 1774,
2071, 3363, 3372 Rockmart, City of; homestead exemption, certain residents,
SR 365 .........._.___.__________________..........________._______....................-.__1549, 1671, 1775, 2192

Rome High School, East; commend football team, SR 244 ....................................79

Rome Judicial Circuit Assistant District Attorney; qualification and compensation, SB 418 __________.______.______.___..._72, 183, 215, 372, 725, 752, 3371

Roswell Homestead Exemption; 65 year olds, HR 587 _______________ 1372, 1383, 2418, 2433, 2746
Rubella Test; required for marriage license, HB 1296 _____________________ 689, 695, 990,
1057, 1127, 1150 Rules Committee; Senator John Riley preside ____...._..._....................__.._.._...._..___._.__2211

INDEX

3523

Rules of the Road; bicycles included in certain provisions,

HB 1434 .----......_----..----_..----__._----________ 690, 696, 992, 1057, 1403, 1433

Rules of the Road; motor vehicle operator stopped by police at

night must have interior light, SB 409 --------.------------------------58

Rules of the Road, Uniform; certain offenses tried in

municipal courts, SB 266

.... ...-.--__..._--_,,----------_ 29, 34

Rules of the Senate; adopt, SR 222 ... .... -----.,,------.------.----------22

Rules of the Senate; amend relating to fiscal notes on

amendments, SR 225 ...---._.. _----------------_- ---24, 78, 80

Rules of the Senate; amend Rule 190 relating to subcommittees

of Governmental Operation Committee, SR 232 ......_._______________________ 59, 87, 115

Russell, Richard B. Dam; supporting construction of, HR 310 --......_.._...31, 42

s

Sales Act, Retail Installment and Home Solicitation;

redefine retail seller, HB 1351 --_......_----....__ 804, 809, 1173, 1227, 1403, 1430

Sales, Home Solicitation; extend time allowed for buyer

to cancel, HB 1571 ....-------- .------ ... ....... ._----_. 804, 810, 1173, 1228

Sales Tax Act; property tax rollback, alternate methods

for providing, HB 1306 .. .__..----_ ..... .... .....___.... 897, 902, 1300, 1394, 1788, 2019

Sales Tax; certain sales by religious institutions exempt,

HB 536 -------- ..... 31, 40, 361, 408, 622, 671, 708, 764, 798, 831, 918, 935,

1478, 1580, 1635, 3075, 3143

Sales Tax; conditions for city to levy local option

sales tax, HB 1485 ...... ............. 1544, 1551, 2415, 2421, 2755, 2983, 3073

Sales Tax; exempt certain transactions persons

with common ownership, HB 937 .._.._.._......... 25, 1478, 1566, 1683, 1704, 2214

Sales Tax; General Assembly expand to cover other

services, SR 120 __..-----_. -- _.. -.--___ --._----.--.--.------ No action in 1978

Sales Tax; include certain sales of tangible personal

property for resale, HB 1288 ...

.----

1038, 1045, 1300, 1393, 1683,

1726, 2035, 2081

Sales Tax, Local Option; construction materials used

exempt, certain circumstances, HB 1456 ....___ 1038, 1045, 1479, 1569, 2105, 2133

Sales Tax, Local Option; time of referendum and credit

reflected on ad valolem tax bills,

HB 1365 ................................. ... 1285, 1294, 1770, 2049, 2447, 2756, 3024, 3367

Sales Tax; machinery used in tilling soil, animal

husbandry, remove limitations on the exemptions,

HB 1499

-

..------ 1159, 1168, 1770, 2050, 2246, 2279, 3070

Sales Tax; orphans' homes, exempt certain sales of property and services, HB 1499 ........... 1159, 1168, 1770, 2050, 2246, 2279, 3070

Sales Tax; provide for periodic adjustments, SR 289 _._____.______.____.....--...........____.-.614, 1106, 1176, 1236, 1403, 1417, 3036, 3125, 3202, 3203, 3258, 3339, 3345
Sales Tax; refunds of tax paid on solar energy machine or equipment, HB 1286 .._.._..___................ 897, 902, 1478, 1567, 1683, 1721, 2411, 2940, 3024, 3032, 3056, 3366
Sales Tax; Revenue Commissioner not grant extension on certain returns, HB 1647 .....__..._._______.__..._....................-.-..........---.. 1466, 1471

Sales Tax; sales and charges by utilities of gas,
electricity and telephone services exempt, SR 288 -----------------------------------------614

3524

INDEX

Sand Hill Study Committee; create, HR 793 _._....._.___.___. 1656, 1667, 2616, 2622, 3117

Sandy Springs; incorporate, SB 234 ........---....-...-._____.___.________,,.___ No action in 1978 Sanitarians, Professional; Board set fees, HB 1760 ___.._..________1288, 1296, 1773, 2052

Savannah Beach Alcoholic Beverage Sale; Sunday, SB 284 ........No action in 1978 Savannah Beach; change name to Tybee Island,
SB 567 -.----................... 692, 735, 823, 914, 2257, 2282, 3372

Savannah Beach; easement across Savannah River

for construction of tee dock, SR 328 ._................. 1044, 1303, 1392, 1504, 1521 Savannah-Chatham County; homestead exemption,

SR 348

----......................_.... 1292, 1386, 1490, 1642

Savannah-Chatham County School Systems; exemption from Constitutional provisions removed,

HR 549

........

688, 698, 1051, 1117, 1359

Savannah, City of; abolish certain offices in

municipal court, HB 2071 ................__............. 2256, 2407, 2616, 2622, 3086, 3369

Savannah, City of; extend corporate limits,

HB 903

______

1712, 1758, 2616, 2619, 3111

Savannah Homestead Exemption; 62 year olds income not

over $10,000, HR 672 _....___._...._........................._.._..._.. 1371, 1384, 2216, 2226, 2524

Savannah Office of Commissioner for the Poor;

create, HB 1813 ...................... 1213, 1221, 1386, 1492, 1577

Savannah River-Augusta Parking and Urban Redevelopment

Authority; rename as Augusta Tomorrow Development Authority, HB 639 ..............................._._..._._.... No action in 1978 Savings and Loan Association Act; provide, SB 620 .._......_...._.._............____........ 1217

Sawyer, Miss Mary "Lyn"; commend, SR 342 .................. 1238 Scarborough, Cecil; regrets at passing, SR 321 _._..........,,..........._......._..___.__..._.._ 918

Scenic River System; designate certain sections of

rivers as part of, SB 605 ..

_.. 986, 1175, 1226, 1308, 1320, 2754, 3372

Schley County Board of Commissioners; compensation,

HB 1276 ..........._......._._... ................. 103, 105, 699, 740, 825

Schley County Small Claims Court; repeal Act creating,

HB 1438 .............. 401, 406, 699, 741, 826

Scholarships for Certain Students; Higher Education

Assistance Authority, HB 1463 .........._._.........._.._.. 609, 616, 818, 912, 1064, 1092

Scholarships; Regents Board authorized to grant,

certain cases, SB 384 .............................. 54, 408, 619, 671, 708, 721, 2204, 3371

School Building Specifications, Public; urging review, HB 563 ._..._.._._....___....._..._._....._......-.... 610, 616, 1107, 1235

School Buses; change equipment requirements, HB 1587 ____.____.._________._..______...__.._____..._.-727, 733, 992, 1058, 1236, 1404, 1437, 1768

School Buses; change speed limit on interstate highways, SB 629 _-_.-._.__.___......__-..._______-_-..-__---.1290, 1390, 1483, 1579, 1610, 2597, 3372

School Buses; county education boards authorize use for elderly and handicapped, SB 80 .......-....-._...._.. No action in 1978

School Buses; used as transportation for elderly and handicapped, HB 1335 _.....___..---.726, 732, 1108, 1177, 1308, 1329, 1549, 1588, 1749, 1751, 3047, 3076

School Law Recodification Committee; create, SR 297 _._....---.-..--.------.-..------- 665, 735, 822, 996, 1021, 3069, 3372

School Sites, Public; not subject to county or city zoning laws or ordinances in counties under 85,000 population, HB 1598 .........................1655, 1659, 1772, 2051, 2446, 2505

School System Employees, County or Independent; computation of sick leave and salary supplements, SR 270 .............. 208

INDEX

3525

School System Employees, County or Independents;

payroll deductions, SR 271 ___________._______,,__________________________________...._____._______._.________ 365

School Systems, Counties; expend funds for uniforms for

custodial and food service personnel, HB 1366 _______..___._..1158, 1167, 1301, 1394,

1683, 1732, 2411

Schools, Public; procedures under which teachers may

alminister corporal punishment, SB 57 ....-.-.-._.__________.____.______ No action in 1978

Schools, Public; provisions for punishment and expulsion

of students, SB 380 .....,,.._..___.___.___.___.__.._____.. 53, 735, 759, 1301, 1390, 1579, 1591

Schools, Public; repeal Code Section relating to expenditure

of certain percentage of State revenue,

HB 1520 ___.___._______.._..___...._..__.___.____._.____._______.727, 733, 1108, 1177, 1236, 1308, 1338

Scott, Honorable Bill; commend, SR 408 ............ .__..___,,_.___._._____.._________..____.____._.____ 3119

Screven County Small Claims Court; create,

HB 1705

----- ----- ________ 895, 905, 1051, 1116, 1185, 1289

Search and Seizure; return of certain stolen

property to owner, SB 443 ....................... 82, 368, 410, 621, 671, 678, 2302, 3371

Secretary of State; powers and duties relating to

financial institutions, HB 1511 ......._._. 1162, 1168, 1479, 1569, 1683, 1735, 2213

Secretary of State; publish bulletin, Georgia Register,

showing administrative rule changes,

SB 559

_....._------_ 663, 1174, 1225, 1308, 1318, 1579, 1580

Security Force, Capitol; commend, SR 314 __..___.._..___............._._._____----_.___.._.______._ 743

Segregation of Races on Railroads; repeal Code sections,

HB 1413 ..--._.._...____.__.____....___..__.__...__.____.._.___._..._......___.....__.._.. 363, 366, 1481, 1569

Seminole County Board of Commissioners;

compensation, SB 586 __..__..._..........._._......._..... ...... 729, 817, 910, 993, 1214, 2211

Seminole County Sheriff; compensation, SB 585 .__... 729, 817, 910, 993, 1214, 2211

Seminole County Superior Court Clerk; compensation

SB 584 -........----..........------.-,,_.....----------......-729, 817, 910, 993, 1214, 2211

Senate Committee to Honor President Jimmy Carter;

establish, SR 49 ...--.-- -__-.--.---- -.----1054, 1187

Senate Human Resources Standing Committee; urged to

study licensing of health spas, SR 81 _------------------------------ 990

Senate Officials, Employees; amend SR 3 relating to Doorkeepers, Information Office and Research Office, SR 224 ...... 23, 78, 80

Senate; reapportion district numbers 34, 35, 37, 38 and 39, SB 116 ----....--_--....--------------- --._--..------.--.... No action in 1978

Senate Rule 180, Conflict of Interest; urge guidelines for application, SR 101 ------......----._.._..--_------ _

- No action in 1978

Senate Rules; adopt, subcommittees of Governmental Operations Committee authorized, SR 222 _..-------------- _------..___......._._ 22

Senate Rules; amend relating to fiscal notes on

amendments, SR 225

._-----

24, 78, 80

Senate Rules; amend Rule 190 relating to subcommittees of Governmental Operations Committee, SR 232 _,,----------_------_59, 87, 115

Senior Citizens; attend University System units without payment of fees, certain cases, SB 505 ___ - 402, 818, 909, 996, 1018, 2345, 3372

Servants, Indentured; repeal certain Code sections,

HB 1414

------ 363, 366, 1481, 1569

Settlements from Injured Persons; extend provisions prohibiting attempts to obtain in hospital, SB 5 .,,

No action in 1978

Sewage Disposal System; provisions relating to

permit denial, HB 1282

_-------- 1285, 1294, 2418, 2420, 2755, 2950

3526

INDEX

Sexual Exploitation of Children; prohibit,

SB 408 -----.....___._. 58, 1052, 1109, 1236, 1248, 2552, 2572, 3077,

Sexual Exploitation of Children; prohibited,

3130, 3167, 3254, 3367, 3372

HB 1312 ............_......_..._...._____.__._.1370, 1375, 2217, 2219, 2446, 2454, 2459, 2598,

2793, 3055, 3065, 3249, 3366

Sexual Offenses, Criminal Code; change provisions relating

to enticing a child for indecent purposes, SB 749

.. .. ... _____ ....... 205

Sexual Offenses, Criminal Code; filming of child engaged in

sexual act unlawful, SB 477 _ .. .__..........._.._...__ .............. ____ _ 181

Sharpsburg, City of; new charter, HB 2006 ______________ 1618, 1665, 2043, 2069, 2241

Sheriffs; change provisions on minimum salaries, SB 587 .........................._...... 729

Sheriffs; change qualification provisions,

HB 1736 _....._....__,,................... 1464, 1471, 1563, 1675, 2105, 2153

Sheriffs; provided special automobile license plates,

HB 1826

.... 1632, 1661, 2048, 2062, 2447, 2755, 2781

Sheriffs' Retirement Fund; death benefits of active

member, HB 330 __________.__._.................._._.______________ 803, 808, 2047, 2060, 2246, 2248

Sheriffs' Retirement Fund; increase certain members'

benefits, HB 1470 .......................

1286, 1295, 2047, 2061, 2246, 2275

Sheriffs' Retirement Fund; Secretary-Treasurer of

Board, compensation, HB 1469 ........................ 804, 810, 2047, 2061, 2246, 2271

Shoplifting; define as crime of theft,

SB 433 _____________________________________________________ 75, 368, 409, 621, 650, 1764, 2098, 3371

Shore Protection Act; enact to protect beaches, sand dunes and shoals, HB 1416 __________________________.____________.__.____.............___.___._...__ 726, 732

Shrimping and Commercial Fishing Study Committee; create, HR 256 _______________________________________________________________________________________ 31, 42

Shrimping, Change Provisions Relative to; fish and game,

HB 1382 ...._.....___

1161, 1167, 1302, 1394, 1788, 1812

Sign Language Interpreters, Deaf and Blind; certain

administrative proceedings, HB 452 .....__.._._._._..__ .......... 31, 40, 1108 Simms, Robert L.; commend SR 300 _____________________________ .......... 671 Sky Valley, City of; incorporate, HB 2008 ________________ 1712, 1758, 2043, 2069, 2241 Small and Minority Business Assistance Division;
create within Industry and Trade Department, SB 131 ....................._.... ... 818 Small Business Assistance Act; amend relating to

purchases from minority businesses and the Advisory Council, SB 221 ______________ ............................. 29, 33, 368, 412, 419 Smith, George L., II, World Congress Center Authority; redefine powers, SB 236 _______________.._....__................... 2270, 2598, 2793, 3077, 3370 Smoke Detectors; required installation after certain date, HB 1051 ........._.._._..__._...................._............_.__..._..400, 406, 667, 704, 744, 795 Smoking; prohibited in certain health care facilities or hospitals, SB 330 ....................._...._......_......._..._..................... No action in 1978

Smyrna, City of; increase corporate limits, HB 1923 .-.._.-...-..-.,,..---. 1538, 1555, 2216, 2225, 2436
Snitzer, Dr. Joe; commend, SR 401 .._..._..................... --_ _ 3118

Social Security Act; requirements for withdrawing employees who are members of Employees' Retirement System, HR 743 .__......- 1749--Received after 33rd legislative day
Social Security System; urge Retirement System Board to file notice of withdrawal for State employees, HR 415 ..............._... _____ .......... 3359
Social Work Practitioners; regulate, SB 300 _________________________________________________ 29, 34

Soil Classifiers Board of Registration; change scheduled termination date, SR 257 ..._._________........124, 212, 371, 413, 621, 630, 1766, 3371

INDEX

3627

Soil Classifiers Board of Registration; change scheduled termination date( see Athletic Trainers Board), SB 565 ................___.692, 1052, 1111, 1579, 1601, 2552, 2763, 3165, 3174,

3258, 3263, 3364, 3372

Solar Easement Act of 1978; provide, SB 506 _._,,_________ 402, 1052, 1109, 1236, 1307,

1310, 2345, 3371

Solar Energy Machines; provisions for refund of sales

tax paid, HB 1286 .............._____....897, 902, 1478, 1567, 1683, 1721, 2411,

2940, 3024, 3032, 3056, 3366

Solar Month; directing Governor to proclaim month of

May, 1978, HR 733 ___._.__....__...__.....__. 2551--Received after 33rd legislative day

Solar Month; requesting Governor to proclaim May, 1978,

SR 358 ..... ..-..._......_....._.....,..._..__ 1374, 1564, 2245 ,3370

Solicitation, Criminal; define, establish punishment,

HB 226 ....................... ..724, 731, 1053, 1113, 1188, 1203

Solicitation Sale Agreement, Home; number of days

buyer has to cancel, HB 1571 ........... ....._...__.__. 804, 810, 1173, 1228

Solicitor of State Court; included in term district attorney

under Law School Public Prosecutor Act,

SB 326 ....

..... 30, 35, 184, 219, 376, 377, 3361, 3371

Solid Waste, Sewage Sludge; resource recovery development

authorities created to recover resources,

HB 1811

.....______.__._.___.__....... 1655, 1660, 2217, 2220, 2447, 2612

South Cobb Boys' Club; commend organizational committee, SR 420 _______________3360

South Georgia Judicial Circuit; additional judge,

HB 1388 ._.._.............____........_....._._._...--._...608, 616, 700, 741, 831, 918, 934

Southeastern Cooperative Wildlife Disease Study; funds

in support of, SR 387 ..-.____._.._.._..._.___..__.__.._.._..__.___._____._._.___.__.________.2414, 2618, 3120

Southern Bell; appreciation to E. R. Weldon, John Rains

and John Humphries, HR 450 ..................___.__.._.. 52, 61

Spalding County; adopt ordinances and regulations for

governing unincorporated areas, SR 356 ..... 1374, 1563, 1675, 2020, 2597, 3371

Spalding County Board of Commissioners;

compensation, HB 1877 ._......_........_........ ........_....... 1365, 1381, 1563, 1677, 1785

Spalding County Coroner; compensation, HB 1878 __.. 1366, 1381, 1563, 1677, 1785

Spalding County; establish fire protection districts,

HB 1879 .._.._-......._..__........._._.._........__._........_..__-........ 1366, 1381, 1563, 1677, 1786

Spalding County Governing Authority; expenses of

members, reimbursement, HB 1891 ......... 2551, 2569, 2616, 2621, 3114

Spalding County-Griffin Development Authority; powers

and duties, HB 1888

.......... 1366, 1382, 1771, 2056, 2230

Spalding County Small Claims Court; change title

of bailiff, HB 1773 ._.._.......__..._.......__..........._.._........_.1038, 1049, 1224, 1305, 1401

Spalding County State Court; change dates of

terms, SB 623 ......_.._........._.........._..._.......__._-.....1217, 1386, 1489, 1572, 2140, 3371

Special Adult Offender Act of 1975; repeal,

SB 466 ___.___....._..____..._-__--_-.._.-_--.-___..-_--179, 991, 1054, 1127, 1131, 2204, 3371

Special Education Leadership Units; Adequate Program

for Education (APEG), HB 1693 ......1159, 1170, 1301, 1395, 1684, 1742, 2411

Speculating in Wild Lands; repeal certain Code Section,

HB 17 ..............................................................................................SO, 37

Speech Pathology and Audiology; appointment of Board

members, HB 1428 ...............

. 1038, 1045, 1301, 1394, 3140, 3241

Speech Pathology and Audiology Board of Examiners; change scheduled termination date, HR 564 ....... 1163, 1172, 1387, 1489, 1788, 2009, 2214

3528

INDEX

Speed Detection Devices; change provisions relating

to visibility, SB 415 ......................... 71, 369, 409, 621, 650, 671, 674, 2016, 3371 Speed Detection Devices; circumstances for basing
case on, SB 413 .........._............._...71, 185, 214, 376, 384, 399, 413, 621, 640, 701,

743, 754, 778, 1765, 3371 Speed Detection Devices; provisions for inadmissibility
into evidence, SB 414 ------------._------ 71, 369, 409, 621, 649, 2598, 2791, 3371 Speed Limits, Maximum; change provisions relating to
when local authorities may alter school speed zones, SB 412 ,,--------.---- ....... ...._._... 71, 107, 128, 186, 196, 805, 3371 Sports Hall of Fame Board; create, HB 1809 ... 1466, 1472, 2045, 2062, 2447, 2612

St. Marys, City of; property transfer, HR 611 ..... 985, 988, 1389, 1489, 2105, 2170 Stacy, Hollis; commend, SR 373 .__......_.._........_..........._..................._........................_ 1787

State Agencies; applications for federal grants subject to legislative review, SB 367 ....._.......__.................._........,,.........._._. No action in 1978
State Agencies Contracting with Nonprofit Contractors; change provisions on reports required, SB 301 --------------..----------_----__ 29, 34, 699
State Agencies; energy consumption analyses required for construction of certain facilities, SB 251 --.----------._-------------------- 408
State Agencies; provide for review and termination of by Joint Government Operations Committee, SB 72 ----------------__----------_ 106
State Agencies, Review of; change provisions on joint hearings and conduct of performance audit, SB 458 -- ---------------- 123, 700, 737, 830, 863, 2141, 2162, 3371

State Agencies, Review of; change termination date of Board of Geologists Examiners, HR 490 ................... 805, 810, 1053, 1115, 2756, 3036

State Agencies, Review of; change termination date of Board of Occupational Therapy, HB 1572 ....1286, 1296, 1563, 1672, 3140, 3260

State Agencies, Review of; change termination date of Employment Agency Advisory Council, SR 246 .............................. 84, 818, 910, 1064, 1084, 2035, 3371

State Agencies, Review of; change termination date of Franchise Practices Commission, HB 1752 ........_ 1212, 1220, 1245, 1770, 2052, 2247, 2316
State Agencies, Review Of; change termination date of Georgia Auctioneers Commission, SR 267 ....__. 208, 407, 619, 671, 708, 713, 2042, 3371
State Agencies, Review of; change termination date of Soil Classifiers Board of Registration, SR 257 -------------------------------- 124, 212, 371, 413, 621, 630, 1766, 3371

State Agencies, Review of; change termination date of Speech Pathology and Audiology Board of Examiners, HR 564 .........._............___... 1163, 1172, 1387, 1489, 1788, 2009, 2214

State Agencies, Review of; change termination date of

State Building Administrative Board, SR 247 ___----....-----------------------84, 354, 818, 910, 1064, 1085, 3363, 3372

State Agencies, Review of; change termination date of Water and Wastewater Treatment Plant Operations Board of Examiners, HB 1718 --.------------------1367, 1378, 1564, 1673, 2105, 2152

State Auditor; fix date for nomination and election, HR 122...... No action in 1978

State Auditor; provide for public inspection of annual report, HB 121 ,,.,,........_....,,........_... ....... ......

30, 37, 700, 743, 786

State Authorities Study Committee; create, HR 591 __----_--.-.----------------------1725, 1759, 2042, 2063, 2755, 2942

INDEX

3529

State Buildings, Security; State Patrol, Georgia

Bureau of Investigation personnel assist,

SB 551 -.___......_____...___.___._______.__.___.__.661, 1052, 1110, 1236, 1308, 1316, 3068, 3370

State Commission on Physical Fitness; create,

HB 1447 ....-_.......___._......._____-_______,,_.___..._____._.__.. 1463, 1469, 1773, 2050, 2246, 2269

State, County, City Employees; rights and representation

in grievances, SB 365 ..........

...__._.___.._.... No action in 1978

State, County, City Public Officials; provide

for recall, HR 478 -........_..._.. 1164, 1172, 1387, 1488, 1788, 2004, 2214

State Courts; jurisdiction over peace warrants and behavior

bonds, SB 139 ....--..... __........_........._.._.._........ .... 82, 3370

State Departments; send annual list of documents published

or issued to State Librarian, HB 1431 ....--..1368, 1375, 1772, 2049, 2246, 2266

State Employees and Officials; increase automobile

mileage allowance, SB 552 _,,______ 661, 1052, 1111, 1236, 1308, 1316, 3068, 3372

State Employees; automobile mileage allowance rate

increased, HB 1820 ......... 1465, 1472, 1769, 2053, 2756, 3029, 3369

State Employees; engage in political activities, certain

conditions, SB 183 .................................._...^_.... No action in 1978

State Employees; exempt nurses from prohibition against

additional part-time employment with State,

SB 425 ...... .._________._____._..____...72, 213, 370, 413, 426, 1859, 2321, 3371

State Employees, Health Insurance; relating to continued

coverage for surviving spouse, SB 161 ..... 212, 369, 412, 418, 2302, 2311, 3370

State Employees; itemized expense accounts for

reimbursement, SB 73 ....... 1385, 1481, 1579, 1581, 3001, 3051, 3138, 3217, 3371

State Employees; mandatory retirement because of age

prohibited, HR 39 ........... ...__......._._........__ 965, 978, 2418, 2433

State Financing and Investment Commission Act; change

definitions, HB 1952 ........._......__......__......____......_......._.__..... 1544, 1554, 2415, 2422

State Funds; expended equally to counties for same

service, SB 117 __......._.......__.-...._._.-...__......__._-..._.._-...___......_........_ No action in 1978

State Government; limitation on expenditures, SR 256 _.__._ ._..._...--.105, 361

State Institutions; change provisions on cost of care of

patients, SB 429 .................... ............ 74, 736, 819, 919, 960

State of the State Message; Governor address joint session, HR 431 .--.26, 61, 62

State Officials; change compensation and allowances, SB 500 ..._..

... 208

State Officials; compensation, expenses, SB 499 ... 208, 817, 909, 1064, 1080, 1385,

1579, 1598, 3066, 3132, 3371

State Officials; compensation, expenses, HB 262 __ ...28, 90, 166, 167, 204, 354

State Parks; reduce campsite charges for 65 year olds, SB 329 .--_....--....-- 30, 35

State Patrol, GBI; assist Building Authority personnel in

security measures, SB 551 ........... 661, 1052, 1110, 1236, 1308, 1316, 3068, 3370

State Properties Commission; compensation of

citizen members, HB 1450 ...... 690, 697, 1174, 1227, 3141, 3330

State Properties Commission; reduce number of votes

required for contract approval, HR 237 .....__._.688, 697, 1052, 1114, 1308, 1338

State Records Committee; powers and duties on retention

of records, HB 1638 ........-.-- .. 1655, 1659, 2046, 2065, 2447

State Wild Flower; designate azalea, SR 108 ............................. No action in 1978

State-Owned Motor Vehicles; extend liability insurance

coverage to nonprofit agencies contracting with

State, SB 533 ....-......-.......-.,,...--..,,---.612, 817, 909, 1063, 1064, 2351, 3065

Steel Traps for Capturing Animals; prohibited, SB 79 ............. No action in 1978

Stephens County Homestead Exemption; certain property owned by residents, HR 658 _.._..----.- 1215, 1223, 1671, 1778, 2197

3530

INDEX

Stephens County State Court Judge, Solicitor, Solicitor Pro Tempore; compensation, HB 1860 .........._........ 1364, 1379, 1562, 1676, 1783
Stephens County-Toccoa Building and Parks Authority; approval of leases, HR 735 ._...._._....._..__....__.__.._._.__. 1622, 1666, 2044, 2070, 2401
Stevens, Ray; commend, SR 391 ...................... 2754 Stieglitz, Misty; commend, SR 379 ....... .................... 2079 Stock Law; repeal Code sections relating to livestock
restricted by fences, HB 1411 ............................................... 363, 366, 1478, 1568 Stolen Property; provisions for return to rightful owners,
SB 443 ...._.._._..._.. 82, 368, 410, 621, 671, 678, 2302, 3371 Stone Mountain Memorial Association; change
composition, SB 563 ............... 663, 817, 910, 1064, 1080, 3362, 3372 Stop and Read Day; designate March 4, 1978,
SR 269 ...._.__................_._......._.............................._...._._...... 208, 735, 822, 1064, 1085 Stop Drugs at the Source Study Committee, Joint; create,
SR 292 .............................. 664, 1054, 1112, 1187, 1200, 3069, 3372 Streams; redefine under Metropolitan River Protection Act, SB 644 .............._. 1549 Strickland, Herbert L.; regrets at passing, SR 249 ....._.._........................._......._... 88 Stroud, T. Z.; commend, SR 303 .....__......................_......_........................_................ 671 Structural Pest Control Act; licenses issued pursuant valid
in State, HB 997 ..._........_.._......._._........_..... 400, 406, 1772, 2048, 2246, 2250, 2600 Structural Pest Control Commission; change membership,
SB 401 .....__....._._......._.___..................._........__......... 56 106, 127, 186, 190, 2168, 3371 Student Discipline, Act Providing Procedural Requirements;
enact, SB 380 .................... 53, 735, 759, 1301, 1390, 1579, 1591 Student Grants; provisions for those attending institutions
in other states, SB 157 .....__....................._._......_......................._. No action in 1978 Student Intern Program, Georgia; appreciation to, SR 388 ...... ... .... . 2445 Student Program, Gifted; legislative intent, HR 773 ........... . .......... 3292, 3359 Student Teaching Experiences; agreements between boards of
education and institutions of higher education, SB 381 .............. ....... 53, 735 Students, Scholarships; Higher Education Assistance
Authority, HB 1463 ._......__.........__._.........___........_..... 609, 616, 818, 912, 1064, 1092 Subdivision Regulation; change provisions for
transferring lots, HB 1507 ....... 1466, 1470, 1772, 2051, 2446, 2471 Subdivisions; deeds, conveyance of title, modification of
covenants, SB 291 .........-__..-.. ..... No action in 1978 Suits Against Non-Residents; county tried in, SR 12 . ....... No action in 1978 Summons, Fees for Services; constables, HB 1477 .._.___.____._..1369, 1376, 1563, 1672,
3140, 3244
Sumter County Board of Commissioners; compensate,
HB 2044 ..._._____.........___-......_.______-.....--_-_-...-_-_..-. 1858, 2038, 2216, 2226, 2439
Sumter County Sheriff; change annual salary, HB 1993 ............. ._._........._..............._. 1619, 1663, 2043, 2069, 2240
Sumter County State Court Judge and Solicitor; compensation, HB 1912 .........__.._..._......._.._............ 1461, 1475, 1670, 1776, 2073
Sumter County Superior, State Court Clerk's Deputies; compensation, HB 1992 .._._._........._._.._...................... 1619, 1663, 2043, 2068, 2239
Sumter County Tax Commissioner; receiving commissions, HB 1994 .___________......_____......__.___-........-.--.. -__--.....-_.1619, 1663, 2043, 2069, 2240
Sunday Business Activities Act; repeal, HB 1409 ................... 362, 366, 1481, 1568
Sunset Law; amend to provide for joint hearings, provisions on performance audit, SB 458 ........... 123, 700, 737, 830, 863, 2141, 2162, 3371
Sunset Law; change termination date of Board of Examiners of Geologists, HR 490 ......_.._._-........--.~_---.805, 810, 1053, 1115, 2756, 3036

INDEX

3531

Sunset Law; change termination date of Board of Examiners of Speech Pathology and Audiology

HR 564 ........ 1163, 1172, 1387, 1489, 1788, 2009, 2214 Sunset Law; change termination date of Board of Examiners

of Water and Wastewater Treatment Plant Operators, HB 1718 __..__..______._.._.__.._._.__..___.__._._.1367, 1378, 1564, 1673, 2105, 2152 Sunset Law; change termination date of Board of

Occupational Therapy, HB 1572

... 1286, 1296, 1563, 1672, 3140, 3260

Sunset Law; change termination date of Employment

Agency Advisory Council, SR 246 ___._______.... 84, 818, 910, 1064, 1084, 2035, 3371

Sunset Law; change termination date of Franchise Practices

Commission, HB 1752 ........_........_...._._...1212, 1220, 1245, 1770, 2052, 2247, 2316

Sunset Law; change termination date of Georgia Auctioneers Commission, SR 267 ......... 208, 407, 619, 671, 708, 713, 2042, 3371
Sunset Law; change termination date of Professional Soil Classifiers Board, SR 257 .... ............... 124, 212, 371, 413, 621, 630, 1766, 3371
Sunset Law; change termination date of Professional

Soil Classifiers Board (see Athletic Trainers Board) SB 565 --...,,-.......... 692, 1052, 1111, 1579, 1601, 2552, 2763, 3165, 3174,
3258, 3263, 3364, 3372 Sunset Law; change termination date of State Building
Administrative Board, SR 247 ........... 84, 354, 818, 910, 1064, 1085, 3363, 3372 Sunset Legislation; change termination date for Building
Administrative Board, HR 459 ............................364, 367, 1052, 1114, 3140, 3230 Sunset Legislation; legislative review and termination of
State Regulatory agencies, SB 3 ..............-.-........__...._...._........ No action in 1978 Sunset Legislation; provide for review and termination of
agencies by Joint Government Operations Committee, SB 72 ................ ... 106 Sunshine Law; housing authorities included in
requirements, HB 1581 ............. ............... ....... 691, 697, 2048, 2071, 2755, 2947 Sunshine Law; prior notice of meetings required, SB 91 ._...._.._. No action in 1978 Superior Court Clerk; name and address of grantee and
grantor in deed, HB 1234 .........__.._......_.._.... 202, 210, 736, 822, 1064, 1087, 1289

Superior Court Clerks; authorized to deposit funds in interest
bearing accounts, certain circumstances, HB 1504 ........... ...... 1286, 1295, 1773, 2050, 2446, 2470

Superior Court Clerks; longevity increases, HB 1300 . ................. ........__..__.._..........._.._._.__. 1368, 1375, 1563, 1672, 2104, 2125
Superior Court Clerks; may record criminal cases on microfilm, revise fees, HB 1848 .__..._............_...._._.. 1542, 1553, 2046, 2066, 2447, 2756, 3005, 3073
Superior Court Clerks; minimum salaries, SB 587 ......-.---------.--.--.........729

Superior Court Clerks' Retirement Fund; change benefit provisions, HB 1343 ................... 898, 902, 1390, 1486, 1683, 1729
Superior Court Clerks; revise fees, HB 1277 ___.....__.__._..___.______ 607, 615, 2218, 2220
Superior Court Judge; reimbursement of expenses while attending educational seminars, HB 1623 ..... 1040, 1047, 1564, 1673, 1788, 2003
Superior Court Judges Elect and Designate; educational seminars, SB 340 ......-------....---------- -- - 30, 36

Superior Court Judges' Retirement; repeal mandatory retirement at age 70, HB 397 .__.............._..____._................___..__.-......---1543, 1550
Superior Court Judges; terms of six years, SR 50 ....--....................--................... 368
Superior Court Trials; six-man jury except felony trials, HR 577 .._.___..__.._....._--....._..___.-_--..-----------._~-.1631, -1666, 2218, 2223

Superior Courts; additional judge for Alcovy Judicial Circuit, SB 517 ._..__._._..........__.___........._.-._.--..404, 700, 739, 831, 889, 2167, 3371

3532

INDEX

Superior Courts; additional judge for Cobb Judicial

Circuit, HB 1453 ........__..___._______.___.____.___.___.._____.._ 726, 732, 1389, 1487, 1683, 1734

Superior Courts; additional judge for Lookout Mountain

Judicial Circuit, HB 1568 .._______.__......_..._____.._ 804, 810, 1481, 1570, 1788, 1855

Superior Courts; additional judge for Ogeechee Judicial Circuit,

HB 1570 -------._....__ 805, 810, 1053, 1114, 1188, 1210

Superior Courts; concurrent jurisdiction in enforcement of child

support and divorce judgments, HB 162 -..-.-.-._________________.______..______,,__,,._.__ 30, 38

Supreme Court and Court of Appeals Cases; change

amount of costs, SB 191 --..--...__________-__.___..__._____._______.___._________.. No action in 1978

Supreme Court; provisions for appeals upon petition, HB 1633 ........_. 1368, 1377

Supreme Court; render opinions on certain questions of law when

required by Governor or General Assembly, HR 660 .-.,,_.. _______________ 1656, 1666

Sureties, Corporate; provisions for liability for damages and

attorney's fees, HB 723 _.___.

.......... 1634, 1657, 2218, 2220

Surety Bonds; alcoholic beverage licensees,

HB 1303 .._......__.._...._..._..__..__.,,.............._. 1285, 1294, 1770, 2049, 2756, 3037, 3368

Surplus Property from U.S. Government; control transferred

from Education Board to Administrative Services

Department, HB 1500 ......................._..___ 690, 697, 1174, 1227, 1308, 1337, 1353,

1363, 1404, 1449, 1768

Surplus State Property; disposition of books and printed

material, SB 270 _...............................-..._.._........................................................ 106

Survey Monuments; provide protection for, HB 731..... 24, 2045, 2063, 2755, 2941

Suspension, Driver's License; points necessary for suspension,

HB 1247 ._._--------. 1040, 1044, 1303, 1393, 1683, 1714

Suther, Tom; compensate, HR 439 __.___.........................1621, 1667, 1769, 2054, 2356

Sutton, Senator Franklin; excused from voting --..,,._._.,,..............,,........,,___..._.__. 130

Suwanee City Clerk; change office from elective to

appointive, HB 1915 .................................._____.____...____.1461, 1476, 1670, 1776, 2073

Swine and Bovines; exempt from ad valorem tax,

HR 85 ...................................................KMl, 1049, 1479, 1571, 2105, 2155, 3072

T
Taft-Hartley Act; requesting Congress continue certain provisions, SR 149 _________.______-._--.-...__....-.........___..---........__....... No action in 1978
Tallapoosa, City of; provide certain gas, water, sanitation funds, HB 2019 ....__-..-.._-..-.__-------~---~-.....1713, 1759, 2044, 2070, 2242
Tallapoosa Jaycees; commend, SR 412....................--......................._.........---------- 3165 Tallapoosa Judicial Circuit; terms of superior courts, HB 2002.._.........-- 1856, 2037 Tattnall County Coroner; compensation, HB 1596 ....._..._..._. 725, 733, 908, 993, 1062 Tax, Ad Valorem; exempt nonprofit corporation encouraging
coorperation of parents and teachers, HR 482....................1287, 1298, 2415, 2423 2756, 2987, 3071
Tax, Ad Valorem on Boats; time and method of payment changed, HR 81 .................._.__......-....-..--.._.1548) 1559, 2043, 2067, 2247, 2352, 2500, 2569, 3024, 3027
Tax, Ad Valorem on Tangible Property Other than Motor Vehicle; installment provisions, HB 1072.............._..__.._......__..__. No action in 1978
Tax, Ad Valorem Returned by Utilities, Franchises; Revenue Commissioner report amount to county tax assessors, HB 549 ___.___.___.___.___....____.__.._...___.__._._.-.......----._-.201, 209, 989, 1056, 1127, 1149
Tax, Ad Valorem; swine and bovines exempt, HR 85.._..... ...._...- 1041, 1049, 1479, 1571, 2105, 2155, 3072

INDEX

3533

Tax and Spending Limitations Study Commission; create, SR 341 ___________......._.___.___.___...----------_ 1218, 1385, 1485, 1580, 1627
Tax Assessors, County Boards; membership prohibited if related to member of governing authority, HB 1538 ........... 1040, 1046, 1174, 1227, 1404, 1435, 1546
Tax Assessors, County; provisions for challenge of assessment, SB 33 ----_.---- _---- --............ ._.--..._...___..._._---- No action in 1978
Tax Bills, Ad Valorem; show amount of reduction resulting from local option sales tax, HB 1365 ----------.______.------1285, 1294, 1770, 2049, 2447, 2756, 3024, 3367
Tax, Cigar and Cigarette; provide refunds or credits, HB 507 ....._.._____. 31, 40, 361 Tax Commissioners; change provisions relating to amount of
performance bond required, HB 1503-_____-.____.._____ _______ 1634, 1658, 2043, 2064, 2446, 2468, 2599
Tax Commissioners, Counties; minimum salaries, SB 587 .............._....----...........729 Tax Digests, Counties; repeal Act requiring Revenue
Commissioner to approve, SB 252 ..............--.......------.,,.........._...--------..29, 34 Tax, Excise; impose on mining or removal of coal products, HB 1873....--1464, 1473 Tax, Income; change deduction provisions relating to use of
Federal adjusted gross income for net income, HB 1356 --------------__.__._----.----_------ 1040, 1045, 1479, 1567, 1788, 1808, 2214 Tax, Income; determination of date of death of Armed Forces members missing in action, HB 100 --.._.__..._-....--------.___.__------._... 30, 37, 361 Tax, Income; multiple support agreements, dependency exemptions, HB 1390 .------ ...----------,, 898, 903, 1096, 1300, 1394, 1788, 1813 Tax, Income; redefine term corporation, HB 103 ------------_------_.____----,,_-- 30, 37 Tax Income; remuneration for active service in armed forces excluded, HB 1401 ----_----._------_._. ___ 1038, 1045, 1300, 1394, 1788, 1814 Tax, Intangible Property; payment of less than $5 exempt, HR 30 .......----...----.... _.__------ _______ 1656, 1665, 2043, 2067, 3140, 3224 Tax, License Fee Refund; time period to file with local governing authority, HB 1265 .......................... 897, 902, 1300, 1393, 1683, 1719 Tax Lien, Ad Valorem; apply only to property liable for tax, SB 589 _____________ 806
Tax Liens on Property; provisions on transferred property, HB 1593 ..----------_..-------.........1543, 1551, 2043, 2064, 2247, 2303
Tax, Motor Carrier; deducting accrued credits, HB 579 ____________________________________________1369, 1374, 1565, 1671, 1787, 1806, 2213
Tax Penalty, Income; provisions for refunds, HB 1381 ___._.__.-------..------_------._------..._.... 1284, 1295, 1770, 2049, 2246, 2259
Tax, Property; international banking corporations exempt, certain cases, HB 1338 ....... _________..._ 898, 902, 1300, 1394, 1683, 1727
Tax, Property; rollback due to sales tax increase, method for providing, HB 1306 ___...._____._--________________ 897, 902, 1300, 1394, 1788, 2019
Tax Reform Commission, Georgia; create, SR 307 ...._..........._............._.--.........._730, 989, 1056, 1127, 1143, 3066, 3176, 3371
Tax Revenues, Ad Valorem on Commercial Property; provide for sharing between local jurisdictions, SR 357 --------------------------------1374
Tax Revision Study Commission; create, SR 68 ___....._____ ........ No action in 1978
Taxation; General Assembly authority to tax real property according to its use, SR 66 ___--..----_--....... _________....._._______ No action in 1978
Taxation, Mobile Home; where to return for taxation, HB 1243 ______------___.__----__________---------.-- 202, 210, 734, 822, 1064, 1089
Taxation, Municipal; salesmen, change language relating to population Acts, SB 274 ...............................................--__.,,..--.No action in 1978

3534

INDEX

Taxes, City; development authorities, joint city-county

receive to aid commerce and industry, SB 417 ---......._.. 72, 183, 215, 376, 386, 2040, 3371 Taxes, County; development authorities, joint county-city, receive to aid commerce and industry, SB 416 ......,............_ 72, 183, 214, 376, 385, 2040, 3371 Taxes, Mobile Homes; registration of homes not subject

to tax, HB 1364

....... 1158, 1167, 1479, 1568, 2105, 2131

Taxes, Motor Fuel; consolidate laws relating to

collecting, HB 578 ........ ... ..-..,,.. 86, 109, 131, 139, 402 Taxing of Wine; wholesaler exempt from taxes under
under certain conditions, HB 761 ...................... 607, 614 Taxpayers, Deceased, Installment Contracts; income
tax provisions, HB 1332 _._.____....___..__.. ......... 1284, 1294, 1770, 2049, 2246, 2254 Taylor County Sheriff; compensation, HB 2013 .... 1713. 1758, 2044, 2069, 2241 Taylor, Mrs. Mamie Kennedy; recognize and commend, SR 265 ._.........__,... 167

Teachers, Public School; provisions for sick leave, SB 553 .....______.._..___._____....___.__..___..___..,,.._._____._.. 662, 735, 821, 996, 1012, 1766, 3371
Teachers, Retired; health insurance coverage,

HB 1493 ---__..-._......._.__........__........726, 732, 1108, 1177, 1236, 1308, 1335, 1468,

1591, 1632, 1700, 1846, 2041 Teachers, Retired School; provide health insurance plan,
HR 638 _.--...____._..______._....._.___ -_-.._..__.... .......... 1547, 1560, 1772, 2055, 2247, 2340 Teachers' Retirement; prior service credit for certain services, SB 472 . _____ 180 Teachers' Retirement System; additional persons to establish
certain credit, SB 455 ......... 123, 991, 1054, 1403, 1404, 2168, 3371 Teachers' Retirement System; additional provisions on
death benefits, HB 1331 ...................... _____ 803, 809, 1389, 1486, 2105, 2129 Teachers' Retirement System; certain optional programs, SB 143 .........._........ 618 Teachers' Retirement System; change benefits,
SB 28 ..... ...... ______ 736, 819, 918, 935, 982, 2015, 3370 Teachers' Retirement System; change military service credit
provisions, SB 488 __...________.._._______._..._.________.._______._....________..._______._.._.______...._._______ 206 Teachers' Retirement System; change minimum
retirement benefit provisions, SB 493 ______________________ 207, 1390, 1482 1579, 1598 Teachers' Retirement System; change provisions relating to
local system options, SB 154 .....______.-..._._._,,......___... ..... __________ No action in 1978 Teachers' Retirement System; change retirement allowance
provisions, SB 496 .............................. 207 Teachers' Retirement System; create committee to study
and investigate, SR 268 _...._______.....__________...________........................... 208, 1390, 3351

Teachers' Retirement System; credit for accumulated sick

and professional leave, HB 22

...................... .........618

Teachers' Retirement System; credit for certain service

in armed forces, HB 1487 .

. .. _.

1368, 1376, 2047, 2062

Teachers' Retirement System; credit for teaching service in other system, SB 494 ......_._............_..._........__............___..,,......_................---......-. 207

Teachers' Retirement System; creditable service certain members for duty in armed forces, HB 1459 ._______._...__ 1370, 1376, 2047, 2061, 2446, 2466
Teachers' Retirement System; death benefits, HB 214 ............ No action in 1978

Teachers' Retirement System; minimum allowance, those retired under a local system, HB 1252 ___ 803, 808, 1389, 1486, 1683, 1717

Teachers' Retirement System; minimum benefits certain members, SB 77 ...........__...._.__..,, ..._,,. .............. No action in 1978

INDEX

3535

Teachers' Retirement System; prior service credit certain

noneducational service, SB 491 ---------...-........._..._........__. 207

Teachers' Retirement System; provisions relating to rates

of interest, HB 1330 ._......__............. 803, 809, 1389, 1486, 2105, 2127

Teachers' Retirement System; retirement allowances, HB 308 ._...._..,,.. 1315, 1334

Teachers' Retirement System; service necessary for

retirement, SB 94 ......_..._....._..___........,,_...... No action in 1978

Teachers' Retirement System; transfer of teachers from certain

local systems, SB 492 .........._.__.__............ 207

Teachers' Retirement System; vesting of disability

retirement benefits, SB 144 .___._._______...___.._.____..__._____....______..._._______...._________....____618

Teachers, Student; agreements between boards of education

and institutions of higher education, SB 381 __..--...__._._____..___,,_________..._...___ 53, 735

Teachers, Substitutes; requirements under Adequate Program

for Education, HB 1443 .. ...

1520, 1536, 1772, 2050, 2246, 2268

Telephone Center Ladies; express appreciation to, SR 400 ____ _...__.______________._..__.2755

Telephone Conversations, Recording and Monitoring;

consent of parties required, SB 454 _._.._.___.,,...___....._..........___......_,,____..._....--.104

Telephone Solicitations; certain false statements unlawful, SB 320 _........__ 29, 35

Television, Community Antenna Systems; regulated by

Public Service Commission, SB 391 ......................... 55

Television, Educational Network and Bill Johnston;

express appreciation to, SR 383 ,,_..__.___.,,--______._-_.______..._________-.___._____.._____...... ...2445
Television Production Facilities Study Committee; create, SR 349 ........................... 1292, 1388, 3351
Telfair County; referendum to decide election or appointment of school superintendent and education board, SB 627 .................... 1289, 1386, 1489, 1572, 2257, 3371
Tenant and Landlord Relationship; prohibit waiver of provisions of certain housing codes, HB 706 _____________.________-....._______.....__.1749--Received after 33rd legislative day
Theft by Taking; redefine crime, add provisions relating to shoplifting, SB 433 __..____.__._...___.____....._..___.75, 368, 409, 621, 650, 1764, 2098, 3371
Theft Conviction; change terms and condition of probation, SB 170 .....,,-.---.---.--....-.- No action in 1978
Theft, Crime of; change penalty provisions, HB 1361 ...._.___-_..____.._-....._.-__-._._._-.-_-..-_-.203, 211, 1053, 1114, 1188, 1209
Thomas County Board of Commissioners; number for quorum, HB 1373 .........._.__..........._...._......__._._..........__.........400, 405, 699, 741, 826
Thomas County Judge; compensation, HB 1371 -....----.....400, 405, 699, 741, 825
Thomas County Probate Court Judge; compensation, HB 1617 ......_____.--...._____--_..___..._--__-_.....-.-_-__-.---__-----799, 811, 990, 1058, 1120
Thomas County Sheriff; compensation, HB 1627 ...... 1159, 1170, 1300, 1396, 1493
Thomas County State Court Solicitor; compensation, HB 1372 ....................................................._...-........--..--400, 405, 699, 741, 825
Thomas County Superior Court Clerk; compensation, HB 1619 __...___.__.______..._.._______._..._______.__....___.__---..._.__---..._.799, 812, 990, 1058, 1121

Thomas County Tax Receiver, Collector; consolidate into Tax Commissioner, HB 1618 ................._...._......-...... 799, 811, 990, 1058, 1121

Thomas, Lewis W.; compensate, HR 565 ...................... 1622, 1667, 1770, 2054, 2363

Thomaston, City of; change incorporation provisions, HB 1868 .__.______.-......__._--_-..----.-.------.-. 1365, 1380, 1771, 2056, 2230

Thomaston, City of; homestead exemption, HR 293 ................... No action in 1978

Thomaston, Robert E. Lee High School Band; commend, HR 561 ............610, 621

Thomson Mayor and Councilmen; election, HB 1696 ........894, 905, 1051, 1115, 1181

3539

INDEX

Tift County; ad valorem tax to board of county tax assessors, HR 585 .-.----..--------_.--.------.------._._--------.--------__,, 900, 908
Tift County; change time for making tax returns, HB 1940 ----------.1461, 1476 Tift County Commissioners; assess and collect business fees
and licenses, HB 1939 ----._._.__------.--_--------------.__..--___,,.....1461, 1476 Toccoa-Stephens County Building and Parks Authority;
approval of leases, HR 735 .........__......._.__............. 1622, 1666, 2044, 2070, 2401 Toomsboro, Town of; prohibit consumption of alcoholic
beverages public places, SB 541 ........._......._.____.... 660, 734, 823, 912, 1161, 3371 Topping, Ms. Judy; commend, SR 236 .___........_._................____._.........__.........__.........._..61 Torts; alteration of product defense for manufacturer,
certain actions, SB 511 .__.__........__... 403, 700, 739, 831, 887, 2142, 2161, 3371 Torts; certain actions against manufacturers must be
instituted within certain time, SB 512 ... 403, 700, 739, 831, 888, 3068, 3372 Torts; negligence not required for recovery for death from
defective product, HB 1327 ___..__..__.___.....___.608, 615, 2218, 2221, 2446, 2457, 2949 Torts; recovery against manufacturer for homicide, SB 504 ._.....,,._.__.....__.,,..... 365 Towns County Tax Collector; commissions on taxes
when collected, HB 1724 .....__......__......___........__........_ 896, 907, 1051, 1116, 1183 Traffic Case; provide for uniform practice in all courts, HB 188 ....... 1543, 1550 Traffic Cases; cash bond, delivery of receipt,
HB 1725 ....___..........._.....___......__.__...._.._....._......._. 1463, 1471, 2045, 2066, 3141, 3302 Traffic Offenses; change age under Juvenile Court Code,
SB 61 ........._..................._.....,__.......__......_...........__....___........_.__......_ 107, 126, 186, 187 Traffic on Highways Act; local authorities may adopt all or
portion of provisions, SB 265 ..... ........_......_.__......__........._..............___.....29, 34 Traffic on Highways; change equipment requirements for
school buses, HB 1587 .....................727, 733, 992, 1058, 1236, 1404, 1437, 1768 Traffic on Highways; change provisions on immediate
reports of accidents, HB 1728 ._........_............ 1633, 1659, 1774, 2052, 2247, 2314 Transit System Bus Widths; include modular, sectional homes
in provisions, SB 548 ........._..._.._...._.......___..... 661, 701, 739, 831, 890, 1764, 3372 Transplants, Conditions for Removing Cornea;
eye banks, HB 1231 ........__......_.__....___....__......-. 1284, 1293, 1773, 2048, 2246, 2252 Transportation Board, State; election of new members, first
and second Congressional districts --.--.-----.-..--...--------------- -__...._--.---- 360 Transportation Code; amend relating to gross weight
limitations, powers of enforcement officer, fines, SB 452 ------------------------------104, 185, 216, 376, 391, 412, 416, 899, 3371 Transportation Code; amend to provide for disposition of property not needed for public roads, SB 141 --.----.----_.... No action in 1978 Transportation Code; delete provision allowing equalization of overweight load, SB 411 __....._._...__......__.-...._.71, 107, 128, 186, 195, 725, 3371
Transportation Code; procedure for abandonment of public road by a county, SB 598 _-__.-____.-._.-_....-....._._...--.----.---..-------~-~~-~.90<>
Transportation Code; vehicles hauling forest products exempt from weight limitations, SB 566 __...--_...----._.__.....__...._......._....._...,,.692
Transportation Code; width of vehicles on highways, exceptions for buses, SB 360 ___------_.__------__....--------.----.------- 30, 36
Transportation Committee; Senator Nathan Dean authorized to call meeting in Chairman's absence _________-..______-.____.....-__...,,--..-_--------------1282
Transportation Department; assistance to businesses for ride-sharing projects, HB 1421 ____._._.__._._.204, 212, 369, 411, 622, 671, 708, 710
Transportation Department; designate portion of 1-185 as George D. Busbee Highway, SR 243 ._.....__......___--...................--....----.----77

I N D -E X

3537

Transportation Department; directed to designate

bridge in Stephens County as John Paul Johns

Bridge, SR 308 ... ...

...........

730, 992, 1056, 1127, 1146

Transportation Department; directed to designate Governor

John Adam Treutlen Highway, HR 589 _______ 1372, 1383, 1565, 1674, 2105, 2158

Transportation Department; directed to designate portion

of highway system as Presidential Route, subject to funding,

SR 263' ........... ____._.------__-_._. ......_ 181, 992, 1055, 1127, 1140, 3137, 3147, 3371

Transportation Department; erect marker near 1-75 designating

Perry as Home of Georgia Jaycees, SR 254 --_------_._____.--------..------._---- 105

Transportation Department; permits, provisions relating

to modular, sectional homes on highways,

SB 548 -

...___.___.__. 661, 701, 739, 831, 890, 1764, 3372

Transportation Department; procedures for licensing

open-to-public airports, SB 243 ------__----____------------. 364, 428, 3370

Transportation Department; regulations relating to

securing loads on vehicles, SB 359 ------.--,,_,,___------________ No action in 1978

Transportation, Public; payment delayed for property

taken, SR 333 ....................................1102, 1303, 1392, 1505, 1524, 2212, 3371

Transportation System, Public; not exempt motor fuel tax, HB 1070 ...._............ 25

Trash, Garbage Transported across County Line; permission

required from governing authority in which collected,

HB 1648 ................._..~--_-.1371, 1377, 1564, 1673, 3140, 3196, 3259, 3261, 3292,

3304, 3358, 3364

Travel Allowance, State Employees and Officials;

increase, SB 552 ............................661, 1052, 1111, 1236, 1308, 1316, 3068, 3372

Treaty with Panama; urge U. S. Senate to reject, SR 242

_____ 77, 619, 683

Treutlen County Sheriff; compensation, HB 1677 ........... 805, 816, 990, 1060, 1125

Treutlen, Governor John Adam Highway; designate

Highway 119, HR 589 __...._..__... _.................. 1372, 1383, 1565, 1674, 2105, 2158

Troubled Children; interagency task force create plan for

developing services, SR 290 .._....._._ 664, 990, 1055, 1236, 1403, 1421, 2409, 3371

Troup County Alcoholic Beverage Sale on Premises;

authorize, HB 2038 _.__------------__----_.____.______._..__._.__.__.__.__.__.__.1857, 2037

Troup County Coroner; compensation, HB 1714 ........... 895, 906, 1300, 1397, 1494

Troup County; issuance of building permits,

HB 1715 ________,,_._--..------.------_--______.895, 906, 1300, 1397, 1501, 1768

Troup County Sheriff; compensation, HB 1717 ...._______.. 895, 906, 1771, 2055, 2229

Troup County Small Claims Court Judge;

compensation, HB 1716 .........------.____.___.,,_------ 895, 906, 1562, 1675, 1781

Troup County Small Claims Court Judge; term of office,

HB 1712 ,,_______.___..----------____------------.895, 906, 1300, 1396, 1494

Troup County State Court Judge and Solicitor; compensation, HB 1713 ......_......................._..._._._...........895, 906, 1300, 1397, 1494

Tug McGraw and His Bicycle Caravan; commend, SR 278 ..............--...----------.412

Turner County; property transfer to Grady and

Cortez Sconyers, HR 272 _______.__..._..--------___-.31, 42, 1053, 1127, 1153, 1767

Twiggs County Commissioners; provide for recall, HB 1960 ___..--------------.------------------- 1540, 1558, 1671, 1777, 2075

Tybee Island; name changed from Savannah Beach,

SB 567 ................-----------------.-.-------- 692, 735, 823, 914, 2257, 2282, 3372

3538

INDEX

u

Unemployment Compensation Law; certain changes required

by U. S. Secretary of Labor, HB 1670 ....... 1238, 1282, 1671, 1776, 2105, 2148 Unemployment Compensation Law; change certain language,
correct errors, SB 594 ................. 807, 1052, 1112, 1187, 1196 Unemployment Compensation, Public Employees;
establish trust fund, SR 203 _......____..__.._.___._.__.___._____._.___.__________ No action in 1978 Unemployment Compensation; transitional unemployment

insurance, HB 1426 ......-,,._....._...,,.._..___....___._.__..,,,, 608, 616 Unemployment Compensation; transitional unemployment

insurance coverage, SB 446 ___________________________.....-----__...._......_...,,__.____ ....83 Unicoi State Park; conference center named for

Amilee C. Graves, SR 252 ..... 104, 618, 669, 708, 720, 3139, 3191, 3371

Uniform Child Custody Jurisdiction Act; enact,

HB 1281

... 897, 902, 1302, 1393, 1683, 1720

Uniform Commercial Code; new Article 9 relating to secured

transactions, HB 124 .................................................................SO, 38, 700, 744, 788

Uniforms, Vehicular Color Similar to Police Agency; prohibit use by private detective agencies, HB 1780 ....._..__...._.._...__.._........_.._............. 1655, 1660, 2218, 2222, 2447, 2593, 3369

Uninsured Motorists Coverage; change provisions and procedures, HB 1386 ......__._____...______..__.___._______.1504, 1536, 2043, 2064, 2246, 2263, 3023, 3029,

3077, 3170, 3298, 3366 Union Point, City of; new charter and provide for corporate
boundaries, SB 646 ................................ 1669, 1771, 2055, 2228, 2267, 2781, 3372 University System; grants to students attending outside
schools, redefine terms, SB 150 ._..._.............._,,.......--....__..__.._.._._....................... 408

University System Scholarships; Board of Regents grant, certain cases, SB 384 .._.._.........._.. ........... 54, 408, 619, 671, 708, 721, 2204, 3371

University System Schools; elderly citizens attend without

payment of fees, certain cases, SB 505 ....... 402, 818, 909, 996, 1018, 2345, 3372

University System Unit; free tuition for veterans, certain cases,

HR 458

......................._.--,,.-

1548, 1559

Upson County Homestead Exemption; provisions for

disabled, HR 229 ._...__._.._.. ........................................................... No action in 1978

Upson County; one percent sales tax authorized,

HR 776 .

2346, 2408, 2617, 2623, 3154

Upson County Sales Tax; additional one percent,

HB 2023 ....................

2345, 2407, 2616, 2621, 3114

Upson County Sheriff; compensation, HB 2021 ._..._..__. 1714, 1759, 2417, 2429, 2704

Urban Life Associates; commend, SR 361 ............,-...--,,-....--...--------------.........1503

Utilities, Public; all returns made available for public inspection, HB 548 ._................................. 201, 209, 989, 1056, 1127, 1148
Utilties; Revenue Commissioner report to county tax assessors ad valorem taxes returned, HB 549 __................. 201, 209, 989, 1056, 1127, 1149

Utilities; sales and charges of gas, electricity and telephone services exempt from sales tax, SR 288 ________.--......-..-.-......-..----------------.. 614

Utility Bills; change notation of rates and meter readings

provisions, SB 459

.... ......._._

123

Utility Companies; automatic fuel adjustment increases prohibited, exceptions, SB 525 . ..... ..............._.............._.._........................-... 610

Utility Companies; increase in fuel adjustment charges prohibited without prior Public Service Commission approval, SR 287 .... 614

Utility Companies; prohibited from discontinuing service for nonpayment of bills in freezing weather, SB 524

..................610

INDEX

3539

Utility Companies; Public Service Commission prohibited from granting emergency rate increases, SB 237 ___________ .......... No action in 1978
Utility Companies; rates charged for steam as by-product of electricity production, Public Service Commission regulate, SB 532 ...........612
Utility Companies; refunds for rates adjudged excessive, SB 527 .._....... 611, 1175 Utility Company, Electric; levy fuel adjustment charges
only in certain cases, SB 238 ......... 29, 33, 1175, 1236, 1239, 3329, 3334 Utility Company; political advertising and charitable
contributions counted as operating expense prohibited, SB 239 ....... ............. 29, 33, 1175, 1236, 1245, 1252 Utility Company Property; relating to criminal damage, HB 1259 .............................. 897, 901, 1565, 1671, 2104, 2124 Utility Rate Increase Applications; Public Service Commission prohibited from including certain construction costs, SR 286 .._..,,._..--........ 613 Uvalda Mayor and Councilmen; terms of office, HB 1679 ................................................_...._................__ 802, 816, 990, 1060, 1126

V

Valdosta Board of Education; powers and rights,

HB 1315 .............................. ..

121, 125, 184, 217, 37

Varnell, City of; de-annex certain property from corporate

limits, HB 1934 ................_.......................................... 1539, 1556, 1771, 2057, 2233

Vehicles on Private Property, Impoundment; requirements

relating to notices posted and fees, HB 1292 _,,____._._...__.. 607, 615, 2218, 2221

Vehicles, Repossessed; procedure for taking certain property from;

HB 1322 ..........................................

177, 182

Verbal Abuse of Juror, Witness, or Court Official in Trial;

punished as misdemeanor, HB 1643... 1463, 1470, 2218, 2222

Veterans, Disabled; increase homestead exemption,

certain cases, HR 512 .... 609, 616, 817, 912, 1064, 1093, 1126, 1127, 1467

Veterans Driver's License; provision for National Guard

members, SB 395 _....._.._.._._..._....._.._.._..._.. 55, 87, 108, 131, 137, 2042, 2165, 3371

Veterans; free tuition in University System unit,

certain cases, HR 458 _______________________________..__________________.___.___._._..______.__.____.1548, 1559

Veterans Memorial State Park, Georgia; designate

administration bulding as The General Courtney Hicks

Hodges Building, HR 651 .._........................ 1547, 1560, 1774, 2055, 3141, 3336

Veterans Preference Curtailment in Federal Civil Service;

urge Congress to defeat, SR 312 ____________________________________________________ ____________.___._..730

Veterans Service Director; use title of Commissioner,

HB 1347 ......................... ................. 608, 615, 817, 912, 1683, 1730

Vetoes by Governor; change procedures for overriding by

General Assembly, SR 234 .._.._................76, 106, 128, 186, 197, 3281, 3286, 3372

Vetoes by Governor; 1977 session

.............._..--,,.....--

15, 16

Victims of Cirme, Innocent; compensation,

HR 532 ____._._.__............-..--_-_---_--.--.-..---1429, 1457, 2218, 2222, 3140, 3188

Vidalia, City of; election provisions, HB 1678 ................... 802, 816, 990, 1060, 1125

Visitors to State, Official; requirements and procedures

for presenting gifts, SR 228 ___..._...........__.______..______..___._________.__.._._.......-.-_..59, 368

Vital Records; procedure for changing or amending birth

certificates, SB 518 ............................_...._...._............... 404, 1052, 1109, 1187, 1188

Vocational Rehabilitation Director; removed from

Merit System, HB 1242 ....................._...._.1158, 1166, 1387, 1485, 1683, 1709

Voter Registration Places; requirements for additional,

SB 544 ............._...__.._...-_.................660, 1052, 1110, 1236, 1403, 1408, 2498, 3371

3540

INDEX

w

Walker County; coroner, compensation, HB 1377 ....... 203, 212, 618, 670, 706 Walker County Development Authority; powers enumerated
under Development Authority Law, HB 2017 --.... 1713, 1758, 2044, 2069, 2242 Walker County Justice of Peace; dollar amount of
civil cases, HR 650 __.._______...._.________._________......_._..______.1215, 1222, 1386, 1492, 1646 Walker County; property transfer to ROL, Inc.,
HR 713 .-..-...._....__.. ................ 1548, 1560, 2047, 2068, 2756, 3055 Ware County Board of Commissioners Chairman;

compensation, HB 1143 ....................-- 1620, 1657, 2416, 2426, 2698 Warehousemen, Bonded Public; repeal certain criminal

penalties, HB 1410 _..__.._..._..__._..__.. 363, 366, 1481, 1538 Warner Robins, City of; change corporate limits,

HB 2022 ....___._._.__.__________________._.___.___._,,._______.,,_..._..__._._ 1714, 1759, 2216, 2226, 2438
Warner Robins, City of; new charter, HB 1690 ..... ... 894, 904, 1051, 1115, 1181 Warren County; employ full-time policeman, HB 2027 ......._..._........... 2137, 2206 Warren County Probate Court; compensation of clerical
help, HB 2030 .................... __.............................__ 2137, 2207, 2616, 2621, 3115 Warren County Superior Court Deputy Clerk;
compensation, HB 2025 .................. 2137, 2206, 2616, 2621, 3115 Warren County Tax Commissioner; compensation,

HB 2026 .......................................

2137, 2206, 2616, 2621, 3115

Water and Wastewater Treatment Plant Operators Board of

Examiners; change scheduled termination date,

HB 1718

... 1367, 1378, 1564, 1673, 2105, 2152

Water Closets, Regulations for Constructing Buildings;

rate in use of water, HB 546 ___._._........._....__.___.._..._..1108, 1176, 1308, 1342, 1468

Water Quality Control Act; amend relating to surface

water usage, SB 44 ........

.____. No action in 1978

Water Quality Control; authority of Environmental Protection

Division, provisions relating to grants, HB 1967 ._.._.. 1633, 1662, 2046, 2067,

2247, 2332, 2600

Water Resources Planning Program; relative to, SR 375 ...... .... 2040, 3079, 3119

Water Usage; create Coastal Management Board,

HB 1465 .....

........

804, 810, 1109, 1177, 1308, 1333, 2213

Waycross Bulldogs, State Class AA Football Champions;

commend, SR 409 ...................................._-_..._......-..---.....--..-----.-.---3119

Waycross Judicial Circuit District Attorney; compensation,

HB 412 .......................

No action in 1978

Wayne County Coroner; compensation, HB 1756 ...... 1037, 1048, 2216, 2223, 2434

Wayne County Justice of the Peace; increase amount of

civil cases, HR 632 .

................ 1041, 1050, 2216, 2226, 2523

Wayne County; property transfer, HR 552 .. 1041, 1050, 1389, 1489, 2105, 2166

Wayne County State Court; filling of vacancy, SB 560 _._.._..... 663, 734, 823, 914

Wayne County State Court Solicitor; compensation,

HB 1935 ..............

1539, 1557, 2216, 2225, 2437

Weapons Discharged While Hunting; provisions for injury or damage caused, SB 394 .............._......._.__..._......__......_...._..55, 701, 737, 830, 844

Weapons, License to Carry Pistol; requirements for

application, SB 248

..............

No action in 1978

Weldon, E. R., John Rains & John Humphries of Southern Bell;

appreciation, HR 450

..........

............ 52, 61

Weller, Freddy; commend, SR 403 ..__.---.----.. 3119

West Point, City of; classifications of property for ad valorem taxation, HR 711 .............._._._.._..........................-.1546, 1561, 1772, 2059, 2370

INDEX

3541

West Point Development Authority, Downtown; create, HB 1777 -.--.._......._. 1038, 1049, 1480, 1571, 1679, 2042
White County Homestead Exemption; certain property owned by residents, HR 661 .............. 1288, 1298, 1671, 1778, 2199
Whitfield County; disposal of tract of State-owned property

authorized, HR 464 .------

..... 691, 698, 1053, 1115, 1404, 1439

Whitfield County Sheriff, Superior and Probate Court Judge;

compensation, HB 1659 -------------------------- 801, 814, 990, 1059, 1123

Whitfield County Small Claims Court; create, HB 1753 ----.. 984, 988, 1107,

1180, 1234, 1373

Whitfield County Tax Commissioner; compensation,

HB 1658

-- _---------- _.

801, 814, 990, 1059, 1123

Wild Flower, State; urge Governor to designate azalea,

SR 366

...._----------------_.---.1550, 2046, 2079

Wild Lands; repeal Code sections relating to, HB 17 ------------_------.30, 37

Wildlife Disease Study, Southeastern Cooperative; funds in

support of, SR 387 -.-----------.--------..--------.-------..---- 2414, 2618, 3120

Wilkes County Coroner; annual salary, HB 1842 . 1284, 1297, 1562, 1676, 1782

Wilkinson County Justices of Peace; increase civil

jurisdiction, SR 293 --...----.--------------------..--------.664, 735, 824, 1026

Williams, William Henry; commend, SR 380 ..---------- ....----------.............2079

Willis, Coach Virgil "Bud"; commend, SR 299 ........... . ___..670 Wills, Estates; provisions for illegitimate persons to inherit
from father, HB 1805 ------...----.----.----..--------...1463, 1472, 2218, 2222
Wills, Estates; renunciation of succession relating to life insurance policy, SB 375 .----...--..----..----..--...----....----....--.....--.--...--23

Wills; female testator may leave estate to stranger, SB 356 -.87, 107, 131, 136

Wills, Notice of Motion for Probate; nonresident

provisions, HB 574 ---- ------------------------31, 40, 2045, 3141, 3295, 3368

Wine; wholesaler exempt from taxes under certain conditions,

HB 761 ............

...... .--------------...607, 614

Winrich, Robert D., Manager, Stadium Hotel; commend, SR 382 ...... ...-2245

Witness Pees; change amount payable to policemen,

HB 1237 --.--.---.------------------------ 202, 210, 736, 822, 1064, 1088

Women's Rights; ratify equal rights amendment to U. S.

Constitution, SR 6 ...-------------------------- . --No action in 1978

Women's Rights; ratify equal rights amendment to U. S.

Constitution, SR 8

..

....... ...No action in 1978

Worker's Certificate for Minors; not required for those

aged 16 or older, SB 628 ------------------------ 1289, 1388, 1483, 1579, 1610

Workmen's Compensation; comprehensive revisions, change name

to Workers' Compensation, HB 1360 -------- 928, 978, 1174, 1227, 1403,

1431, 1445, 1458, 1546

Workmen's Compensation Insurance; applicability of rates for
casualty, surety, property and marine, SB 606 -------------------- ............... 986, 1173, 1226, 1403, 1414, 3067, 3372

Workmen's Compensation Law; encourage hiring handicapped by limiting employer libility, SB 296--------------...._------------No action in 1978

Workmen's Compensation Law; fireman death, disability, SB 539 ---------- -- 613, 1052, 1110, 1308, 1314, 1403, 1456, 1504, 1507

Workmen's Compensation; political subdivisions establishing joint fund, SB 588 .._......._..........._.._........................ 729, 1052, 1111, 1187, 1192

Workmen's Compensation; redefine employer, SB 348 -------- No action in 1978

World Congress Center Authority; redefine powers, SB 236 ..--..---.---.------------------------------- 2270, 2598, 2793, 3077, 3370

3542

INDEX

Year's Support; applicability, right of widower, SB S57............... 368, 408, 621, 645 Year's Support; change certain provisions, redesignate
Code sections, HB 522 .._.,._.__.._._.__--_--_____...._.--....._-__.__.._-_._.------------.31, 40 Year's Support to Family; notice to interested persons, SB 345------------------.184 Year's Support; widower's rights relating to conveyances
and encumbrances of property, SB 358 ------------...--_----368, 409, 621, 646 Young Adult Involvement Study Committee Report;
distribution, SR 102..----_.-_-....._....--------.----------.......No action in 1978 Young Harris, City of; date of election,
HB 2072 _....----------------._..._.._----------.......2256, 2408, 2616, 2622, 3088, 3369 Young, Miss Henrietta; compensate, HR 468 ----.....1287, 1299, 1385, 1488, 1754 Youthful Offender Division; reconstitute membership under
Board of Corrections, HB 1114 ............. ...------...25, 214, 371, 413, 621, 632, 806